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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We were booked on a Virgin Atlantic flight from Fort Lauderdale

Resolved Question:

We were booked on a Virgin Atlantic flight from Fort Lauderdale to Gatwick on 29th November, my husband couldn't sit in the seat as it was too narrow, the sides were solid and as he has a hip replacement and the sides just dug into his side causing pain, we had paid extra for emergency exit seats, he is a perfectly capable healthy 6 7" guy who sails his boat all year in the Med, so health issues are not a problem just the narrowness of the seat. I asked politely the flight attendant if he squeezed himself into the seat for take off and landing would it be possible for him to sit in the jump seat for the rest of the way. She checked with the pilot and he said no. the flight was full so no other extra leg room available. The groundstaff lady came on board and between her and the flight attendant, not sure which one actually said the following said that they could put us on the later flight to Manchester as it wasn't fully booked and peter could then sit on two seats with the arm rest up so would be more comfortable, we thought gosh that what a nice lady. As soon as we got off the flight a standby passenger was waiting at the aircraft door, we were told that there were no available seats on the next flight but would we go back to check in to see what they could do. At that stage my husband flipped his lid, and although I don't condone it, I defy anyone under the same circumstances not to do the same. When he calmed down the ground staff lady accompanied us to the check in desk to see what she could do to help us. we were asked to sit down and at that stage two airline security guys came up and flung a customer services piece of paper at us and said that Virgin Atlantic were not going to help us at all, we were banned from every flying on Virgin again and to contact customer services. We were totally distraught and at that stage I was crying, we just couldn't believe what was happening. After a few minutes one of the security guys came over and started chatting to Peter, The was the nice one of the two and gave him BA's toll number and also explained how to get accommodation for the night. I asked the grounds staff lady for a refund to which she replied we couldn't obtain one at that time because we had booked through an agent, we booked a cruise to America and the flight back and they didn't know how much we paid. but she gave us a copy of our tickets in order that we could claim our money back. We booked a BA flight the next morning for just under 3000 dollars and my husband sat in the emergency exit no problem as with the no frills aircraft to and from Spain where we live most of the year.
We have written to customer services twice once by email on the 29th and then by letter and also written to Craig Kreeger Chief Exec in Crawley but have yet to receive any reply - what should be our next step?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

How did you pay for the ticket please?

Customer: We paid for the trip on visa debit
Alex Watts : What is it you would like to achieve please?
Customer:

We want a refund of the return ticket plus a refund for the extra leg room seats.

Customer:

Also, when I initially went on to this website I paid 38 euro's and then accidently clicked the monthly payment which I don't want or need, could you please delete this or tell me how I can

Alex Watts : Any billing questions you need to ask customer service, as I am an expert and do not have access to that part.
Alex Watts : Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk (but as you are abroad the system may not let you) or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
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