BMIbaby cancels all Majorca flights from Manchester

[Hugh]

We are only too happy to provide support and encouragement.

I, for one, will be very interested in the response.

So far, the airline has taken the view that you are not a passenger with a contract with them but have mistaken you for some form of sharia law banking service.

You engaged in a contract of carriage and they asked for payment some considerable time in advance ( with zero interest being paid).

They unilaterally decided that contractual promises mean nothing and that they might be inclined to return "your deposit".

Meantime, they have hidden their previous pledge of security for your loan (your flights) and decide instead that it was-in reality-just a wagering contract-and not a contract to transport people by aeroplane from the Uk to Majorca.

The interesting part of this is if they don't make amends and put you right soon.

Have you read Mitch's story?

If they don't make amends very soon-what more could you possibly claim from them-if you did need to escalate matters?

I wonder if bmiBaby have figured out yet what the full possible downside is for them in such a dispute?

[robins66]

No response. Will send second letter with final date for response. Then back to AUC as per their advice.
Easyjet cancelled one of their routes but apparently have offered their customers a full refund OR re-route.

6/3/10
Just drafted a further letter and submitted request for legal support through my legal protection insurance. Will feed back any response in due course.

[robins66]

legal protection insurance will cover. Second letter sent to chairman with demand for re-imbursement by 17th March. Will hand over to to AUC and Solicitors if no response.

[Hugh]

Originally Posted by robins66

legal protection insurance will cover. Second letter sent to chairman with demand for re-imbursement by 17th March. Will hand over to to AUC and Solicitors if no response.

Thanks robins66 for keeping us updated-please continue to do so.

Your Solicitors will be able to protect your interests and liase with the AUC as appropiate-and it will be very interesting to see how the airline responds.

For the benefit of other forum members can you tell us who provides the legal protection coverage? Presumably this was on your household insurance coverage-and I was wondering who the insurer was.

[robins66]

Our Home Insurance was arranged online through ClickInsurance (Groupama Insurance Company Limited). The Legal Protection cover is administered by ACM ULR Limited and underwritten by IGI Insurance Company Limited. Calls to the legal helpline are handled by their nominated representative, Minster Law Solicitors.

Hope this helps!

PS. No reply yet from the Chairman of BMIbaby either.

[robins66]

AUC have written to BMIbaby asking why they did not offer a re-route and why they refused to re-route my party when I specifically requested it. They have also asked BMIbaby to 'consider' re-imbursing us the additional costs of our alternative flights in accordance with EC regulations.

[Hugh]

Originally Posted by robins66

AUC have written to BMIbaby asking why they did not offer a re-route and why they refused to re-route my party when I specifically requested it. They have also asked BMIbaby to 'consider' re-imbursing us the additional costs of our alternative flights in accordance with EC regulations.

Robins-thanks for the update-what's happened to your legal expenses insurers/the instructed Solicitors-where are they hiding themselves??

[robins66]

The legal protection insurers having advised me early on that they would deal with the matter on our behalf, they subsequently decided they could only act on behalf of myself and my husband. This meant that the other five in our party would basically have to lose their money. They told us to check with our holiday insurers and our credit card first to see if we could claim through them, which we did.
They have agreed that they would still pursue the claim on behalf of the 2 people covered by the legal protection policy if we were unable to recover the mony elsewhere.

[admin]

Originally Posted by robins66

The legal protection insurers having advised me early on that they would deal with the matter on our behalf, they subsequently decided they could only act on behalf of myself and my husband. This meant that the other five in our party would basically have to lose their money. They told us to check with our holiday insurers and our credit card first to see if we could claim through them, which we did.
They have agreed that they would still pursue the claim on behalf of the 2 people covered by the legal protection policy if we were unable to recover the mony elsewhere.

Robins I dont quite understand this-and am beginning to wonder whether the Solicitors supposedly instructed to protect your interests understand what is going on either.

Your legal expenses insurers have confirmed that they will indemnify legal advice and expenses in repect of both your and your husbands grievance.

In your shoes I would insist that they do this. ( You could advance the claims for you both-the other members of your travelling party presumably have similar interests and could observe what is going on).

Your Solicitors are expecting you to seek some form of recovery against a travel insurer-or your credit card provider.

In your shoes I would simply say I do not belive these other entities are responsible to meet my grievance-(at least the first instance regarding the credit card company). My grievance is against the carrier,

I would insist that my Solicitors provide me with competent and sufficient advice on the merits of my grievance. If those Solicitors feel they are unable themselves to provide me with competent advice then they should instruct somebody else who can provide that competent advice-such as a barrister.


If I was prejudiced by not receiving adequate or complete advice then I would indicate that I would reserve my position entirely to make appropriate complaint-not limited to any internal complaints procedure that Solicitors firm is bound to provide and any relevant professional body such as the Solcitors Regulation Authority.

[zubo]

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).

Z