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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Total losses/cost/reimbusement Total =£972.24p This does not

Customer Question

Total losses/cost/reimbusement Total =£972.24p This does not include compensation under The Montreal Convention 1999 laws & regulations 1992...? Please ensure I get a answer to my question
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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 : 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.
Alex Watts : 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 or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : 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
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-7eiekt1b- :

How much am i entitled to put in a claim for under the Montreal Convention? or is there another law?

JACUSTOMER-7eiekt1b- :

the lead received a letter today stating they will only pay £75 for emergency toiletries, they state they have a liability to pay compensation which is limited, thus, state if any private insurance cover was arranged for the trip they strongly recommend this claim is submitted to the insurers for their consideration, which i did in first instance and the insurers referrred me to the Carriage Airways...they are passing the buck!!! They also state the insurers will attempt recourse against the airline in due course?? They state if no insurance they will only make a payment of £25 per day, up to a maximum of £75 as stipulated which is only 3 days, my baggage was delayed for the majority of the holiday total of 6 days one day before return journey, I had to spend on all items for the week including purchasing anothe baggage to transport new emergency items home on production of receipts which i have already included in my letter of complaint whcih they have not acknowledge, stating if I can provide receipts they are happy to consider the matter...... What do i do now,I requested a forwarding address for their legal department and telephone number and they refuse to complile....Do I need to inform the ABTA/ATOL or office of fair trading regarding the matter? How should I address the matterin response to letter I sent Monday 4/2/14 to which they have acknowledge receipt on 7th February 2014, whereby I gave them a deadline to respond within 7-14 days..... As stated above that is there response, so what do I do now,,,You manke no mention to my original query regarding My rights under the Montreal Convention 1999 and my statutory rights re: the law & regulations 1992? (I think).... You make no commment on the compensation amount to expect or apply for, I sent them a detailed breakdown of cost incurred =£ 972.24p + Compensention under the International Montreal Convention re: delayed baggage for £1,131.00 which include loss of enjoyment/value, Harm by causation by the Representative, her actions impacted on my emtional well-being etc and other factors, builders on site working from early morning to night, no privacy and sub-standard cleaniness of accommodation etc..... WHAT ARE MY RIGHTS 7 ENTITLEMENT...I AM NOT HAPPY WITH THE RESPONSE... i DO HAVE LEGAL COVER IN MY INSURERS CLAIM, DO i NEED TO REFER MATTER BACK TO THE INSURERS? PLEASE ADVICE ON PSERCIFIC TOPICS MENTIONED INCLUDING ANY OTHER RELEVANT FACTS?

JACUSTOMER-7eiekt1b- :

Also, they refuse to liaise with me directly or communicate, when lead passenger did give permission for them to respond to me, Is there a law under data protection (which Act?) preventing me or the Carriers Airline responding to me, and do I have to go through a third party? they are depriving me of my statuatory rights as a named passenger on the travel itinary/booking documents, thus, I have I right to act on my own behalf? or do i not?

JACUSTOMER-7eiekt1b- :

What do you think the likelyhood of success will be should i have to take the matter to court? If it goes to court and compensation is not upheld, who is responsible for cost? can i request that Thomson Airlines pay all cost or Not, please explain the process? or can this matter be settled outside of court? can my insurers act on my behalf?

Alex Watts :

There is no specified limit unless you are killed. It depends on whether you are before a sympathetic Judge what you will win. It can be settled outside of Court but you are likely to need to issue proceedings to get the ball rolling

Alex Watts :

Can I clarify anything else?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please do take a moment to leave feedback before you go today

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