How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Good afternoon, my wife (vietnamese)was refused to travel

Resolved Question:

Good afternoon,

my wife (vietnamese)was refused to travel with me by Emirates Airlines from Ho Chi Min City Airport to London Gatwick as the Emirates staff said she needed a residence permit which she did not have. We argued that I (italian) am an european citizen exercising my treaty rights in UK and we showed our wedding certificate and my employment contract. However, they did not allow my wife to get on the plane. Therefore, I travelled on my own and I spoke to an officer of the UK Border Agency when I arrived at London Gatwick. He said that my wife would have been permitted to enter into UK as she was travelling with me. He also told me that the UK Border Agency at London Gatwick was never consulted on that day by the staff of Emirates even if at the Ho Chi Min City Airport we asked Emirates to do so. Can I sue Emirates Airlines for their negligence? If yes how many chances do I have to get a reimbursement for all moral and material damages? How much may this legal action cost?
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What are your losses please?

Customer:

- New flight ticket to pay for my wifeall expenses of my wife during her forced stay in Vietnam,

Customer:

- New flight ticket to pay for my wife

Customer:

- all expenses of my wife during her forced stay in Vietnam

Customer:

- my wife works in London, therefore another loss is her missed salary while she's in Vietnam

Customer:

- my wife has to apply for a family permit to come back to UK without me which means fees to pay and time to dedicate on paperwork

Customer:

- all moral damages due to being separated from my wife

Alex Watts :

Can you put a value on it?

Alex Watts :

So your wife did not get any pay at all whilst in Vietnam?

Customer:

- New flight ticket to pay for my wife (roughly 900 pounds)






- all expenses of my wife during her forced stay in Vietnam (roughly 500 pounds)







- my wife works in London, therefore another loss is her missed salary while she's in Vietnam (roughly 1500 pounds)







- my wife has to apply for a family permit to come back to UK without me which means fees to pay and time to dedicate on paperwork (roughly 100 pounds)







- all moral damages due to being separated from my wife (equal to the total amount of the material expenses, therefore 3000 pounds)



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 recorded delivery and keep a copy.

Customer:

My wife has not received any reimbursement yet

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?

Customer:

So I am right in considering Emirates guilty for what happended, is that correct? Can I send Emirates my request of refund by email? How long should I wait for their refund before issuing proceedings in the County Court?

Customer:

Two more questions:

Customer:

1) You stated: "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". Does it mean I should request for a refund within 14 days from the refusal of my wife onboard or Emirates must refund me within 14 days from my request?

Customer:

2) You said: "You should make sure you send this recorded delivery and keep a copy". Can it be by email? If not what should I do exactly?

Alex Watts :

Ideally you would send it by recorded delivery - not email

Alex Watts :

1) Yes for this within 14 days

Alex Watts :

2) Recorded delivery is far better to the UK office

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/

Customer:

Sorry, I do not understand your answer to Item (1). I repeat the question: Is it that I should request for a refund within 14 days from the refusal of my wife onboard? Or must Emirates refund me within 14 days from my request? Which one of these two cases is correct?

Alex Watts :

1) 14 days from receipt of the request.

Alex Watts :

Does that clarify?

Customer:

Yes, now it is clear, thanks.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice