Robbins,
See my similar current claim here
http://www.flightmole.com/forum/show...=5089#post5089
Your solicitors are a bunch of weak people happy for someone else to do the job they should be doing on your behalf. I would seriously go for their jugular and write a strong letter to the senior partner insisting that they get on with providing their advice for the two of you or that you would report them to the independant solicitors bodies requesting suitable penalties. Personally I would also threaten them with litigation but that is just me...
AUC seem to be doing a reasonable job supporting you. They are a little weak in their 'recommendation' however they are on your side which is what you should use. I would write to BMIBaby again, tell them that you will commence litigation against them and you would ask AUC to fine them (the EU has instructed all government regulators to penalise airlines which seriously infringe the regulations - the latest reports make interesting reading and as you would expect much variation across the EU, however a fine of £7,500 can be levied by the AUC).
My own claim involved booking 7 flights with another airline and they were all more expensive than the original flights, BMI acceptance is as detailed below in an email exchange:
Thank you for your e-mail.
I can confirm a letter and cheque has been sent to you today.
Yours sincerely
senior customer services manager
bmibaby
Tel-01332 854 952
Fax-01332 854 186
________________________________________
From: Z
Sent: 29 April 2010 17:02
To: BMI rep
Cc:
wolfgang.prock-schauer@lufthansa.com
Subject: RE: Commencement of Litigation
Importance: High
S
Can I please have a response to my email with your intentions.
If I hear nothing by cob tomorrow I will commence litigation.
Z
From: Z
Sent: 26 April 2010 6:25 PM
To: BMI
Cc: 'wolfgang.prock-schauer@lufthansa.com'
Subject: RE: Commencement of Litigation
Importance: High
S
Thank you for your email and copy correspondence reproduced below with my comments:
Dear Mr Z
Thank you for your correspondence regarding flights between Birmingham and Edinburgh.
I was sorry to read that your flights had been cancelled. In the event of a cancellation passengers are offered an alterative flight in line with EU regulations.
My comment: The EU regulation is quite clear The article states 8.1(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity. East Midlands to Edinburgh is NOT comparable you may as well offer Heathrow to Edinburgh as being comparable.
I was sorry to read that the alternative offered was not suitable. I can confirm that a refund of all your flights has been processed back to the original form of payment.
In respect of your flights with Flybe, please forward your new booking confirmations and I will be happy to investigate your claim further.
My comment: I do not expect you to refund my original flight charges I expect you to repay all my new booking costs. The replacement flights as follows:
Full Booking Details
BOOKING REFERENCE : XXXXXXX
Date Flight No Route Depart Arrive
Tue 30 Mar 2010 BE841 Birmingham to Edinburgh 07:10 08:25
Operated by Flybe
Economy
Thu 01 Apr 2010 BE854 Edinburgh to Birmingham 18:45 19:55
Operated by Flybe
Economy
etcetc
As you are aware, EU regulations state that compensation is not applicable when you are notified of a change more than 2 weeks in advance of travel. I can confirm that the e-mail notifications were sent on the 9th March 2010 at 1410 your first flight was on the 30th March which is 3 weeks prior therefore compensation is not applicable.
The EU Regulations also make it very clear that the onus of notification is on the airline and the only date which has any relevance is when the passenger is notified.
I received my notification less than two weeks this clearly is in breach of the regulations.
In conclusion, I would strongly recommend that you satisfy my claim promptly in full I have been waiting far too long and long before any flight issues related to the recent disruptions. Alternatively I will commence litigation.
Please confirm your agreement.
Should you have any further queries please do not hesitate in contacting me.
Z
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