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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 28947
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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On may the29-2019 I made a claim for comp on a flight delay

Customer Question

On may the29-2019 I made a claim for comp on a flight delay and was successful in January of 2020 a company emailed me to say I owed them 247 pounds after many months of emails they are saying I breached a contract I have no idea how I am supposed to have signed after looking at the email I noticed the company involved was approach on the 19 June and settled on the 5 July but the contract they say I sign is dated 19 of July the question is this legal
JA: Where are you? It matters because laws vary by location.
Customer: Birmingham
JA: What steps have you taken so far?
Customer: I have emailed them for copy of agreement I have ask for clarification on cost as it was 247 pounds then 826 pounds now is 784 pounds but all I get is emails tell in me to pay or they will take me to court
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the stress my wife and I are under is makeing us hill
Submitted: 12 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. may I clarify, was this a claims company that supposedly assisted you with the claim for fight delay compensation please?
  2. if so, I am unclear as regards ***** ***** accept that you asked them to undertake this work for you or not?
Customer: replied 12 days ago.
I new nothing about them until I received the email in jan of 2020
Expert:  Joshua replied 12 days ago.

thank you. So they are nevertheless claiming that you instructed them in connection with the claim and that you owe them a fee under that instruction?

Customer: replied 12 days ago.
Yea
Expert:  Joshua replied 12 days ago.

thank you. The burden of proof is upon the claims company to evidence contract. They would need to principally either show a signed written contract or telephone recording where the terms of the contract were clearly explained to you and you are recorded as agreeing. if they have no evidence of contract, you can submit take a position that you deny any indebtedness to them or any knowledge of their organisation and that you have never entered into any contract or agreement with them nor have had to your knowledge any dealings with that of any kind and that if they have any evidence of contract, you call them to reduce that evidence unequivocally. If they continue to pursue you, you can advise them that you intend to raise a formal complaint and if necessary, escalate the complaint to the financial ombudsman together with a claim for compensation for harassment:

https://www.financial-ombudsman.org.uk/consumers/how-to-complain

Expert:  Joshua replied 12 days ago.

if you have any further unwanted contact other than clarification on their part of the basis of the alleged contract, you can consider proceeding as above, raising a formal complaint and then, if you are not satisfied with their response to your complaint or eight weeks, whichever is the earlier, you can escalate your complaint to the financial ombudsman at the above link