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View Full Version : Beeb- Bailiffs sent in to recover compensation - TUI & Easyjet especially


Heathrow Harry
1st Apr 2018, 07:12
Air passengers sending bailiffs to airlines - BBC News (http://www.bbc.co.uk/news/business-43585393)

Bailiffs are being sent into airline offices because companies are failing to pay passengers compensation for flight delays and cancellations, BBC Radio 4's You and Yours (http://www.bbc.co.uk/programmes/b09wpn1w#play) has learned.
Thousands of court rulings ordering compensation have been ignored by airlines, including EasyJet and Thompson Airways (now TUI Airways). In one case bailiffs boarded a plane.
EasyJet says it is changing its policies about claims, while TUI Airways has launched an investigation.

On-the-spot payments

Bailiffs are arriving at the offices of leading UK airlines, and staff are paying on-the-spot with debit and credit cards, an investigation by You and Yours has found. If staff fail to pay up the bailiffs can remove and sell their office equipment and furniture. In one case, bailiffs boarded a plane belonging to a small European airline and prevented it from taking off until the owners paid up.

There are thousands of unpaid County Court Judgements against EasyJet, which has failed to pay flight compensation. Since 2005, EU rules state that passengers who have had their flights cancelled or delayed three hours or more, are entitled to compensation of around 500, depending on the flight. But when they put their claims in, many passengers have found the airline ignores them.

Ignored

As a result, some passengers have turned to lawyers to get compensation, but they too have been ignored. TUI Airways and EasyJet now have thousands of unpaid County Court judgments against them. When You and Yours searched official records, there were so many outstanding court orders against EasyJet and TUI Airways that the official websites crashed.

New court judgements are being registered against TUI Airways at a rate of around 20 a day.

Some passengers have turned to solicitors, including Bott and Co, which acts on behalf of flight delay clients and in some cases sends in bailiffs to recover compensation. "Passengers shouldn't have to go to lawyers at all to get what they're owed," solicitor Coby Benson told the programme. "The airlines ignore solicitors who present a formal letter for compensation, then ignore the court proceedings and finally they ignore the judgement against them as well," he said. He added: "The airlines think they can bury their heads in the sand thinking that the problem is going to go away, but that's not the case".

'Concern'

Bott and Co, which describes bailiffs as "a last resort" says they've sent them to airline offices "dozens of times." In a statement, TUI Airways told You and Yours: "We're extremely concerned and disappointed by the volume of these [judgements]." It added: "We are conducting a full and thorough investigation to understand what has happened and to resolve the situation."

EasyJet said: "Historically, we have chosen not to defend all EU261 County Court cases in certain circumstances. However, it added: "We have recently reviewed that approach and this is no longer the case."

You and Yours (http://www.bbc.co.uk/programmes/b006qps9) is on BBC Radio 4 weekdays 12:15-13:00 GMT. Listen online or download the programme programme podcast.

KelvinD
1st Apr 2018, 09:11
I am surprised this article refers to bailiffs. I have seen a couple of the programme "The Sheriffs Are Coming" (also BBC) featuring recoveries from both TUI and Easjyet. These differ from the standard CCJ/Bailiff path. If a CCJ fails to get the result, the case is then elevated to the High Court by the plaintiff. The High Court then issues a writ of possession which is enforced by the Sheriffs (now known as High Court Enforcement Officers). They have different powers to the bailiffs and are basically there to take away your assets. An alternative to having your assets removed and sold is to pay up the amount owed immediately. A slightly different slant from the bailiffs' "pay up or else...", they operate on the basis of "we will remove your goods but there is a way out..".
One of the interesting cases involving aviation was a small operator at (I think) Blackpool who didn't want to play. Once the Sheriffs had gained access to one of his aircraft, they removed the COA and insurance documents and it was game set and match! They got the money.

Heathrow Harry
1st Apr 2018, 09:38
I think we're talking journalists here - research and accuracy are for the birds

But interesting - the numbers show a major issue in non-payment - maybe if a few CEO's were "attached" it might change

PAXboy
1st Apr 2018, 10:34
Sounds like April the first to me. No member of staff is going to give their own plastic up and they would probably be delighted if the computers were taken away!

Heathrow Harry
1st Apr 2018, 16:39
Beeb repeated story in a trail today in the news.... not an April Fool

ExXB
1st Apr 2018, 18:50
Bott & Co. takes 40%. It’s in the small print.

PAXboy
1st Apr 2018, 19:55
Ok, not a joke. The doubt remains. If the demand is against the Company then it will be for the directors to answer?

BirdmanBerry
1st Apr 2018, 20:05
From my Experian Business account, this is for Easyjet Airline Company Ltd:

In the last 6 years there have been:

113 satisfied CCJ(s) at a cost of 66,733
2017 unsatisfied CCJ(s) at a cost of 1,542,781
The last unsatisfied CCJ was issued on 27 Mar 2018

Probably 200 of these are 2018. Easyjet PLC has more CCJs attached to it.

barry lloyd
1st Apr 2018, 22:34
For those of you who live in the UK, I recommend a viewing of 'Can't Pay? We'll Take It Away', which, if nothing else, gives an interesting insight into the power of of a High Court judgement in favour of a claimant.

zed3
2nd Apr 2018, 14:22
Bott and co take 25%, plus the vat and a L25 admin fee, they are busy for me at the moment. They reckon that my wife and myself are due e600 each for recent severe multiple delays due weather.

Tech Guy
3rd Apr 2018, 11:31
From my Experian Business account, this is for Easyjet Airline Company Ltd:

In the last 6 years there have been:

113 satisfied CCJ(s) at a cost of 66,733
2017 unsatisfied CCJ(s) at a cost of 1,542,781
The last unsatisfied CCJ was issued on 27 Mar 2018

Probably 200 of these are 2018. Easyjet PLC has more CCJs attached to it.

Any private individual with that many CCJs wouldn't get enough credit to buy a decent coffee. I wonder how it affects them next time they need a loan for a few million, or a lease deal on aircraft.

PAXboy
3rd Apr 2018, 13:24
Sadly, I suspect it doesn't affect them a bit.

The amount of money they are making overall, and the money they can make for the lease holder of the aircraft, far outweighs these debts. Banks and govts are better at lending / giving millions than they are hundreds.

ExXB
3rd Apr 2018, 17:12
e600 each for recent severe multiple delays due weather.

1,200 for weather delays. How much did you pay for your tickets?

Stampe
3rd Apr 2018, 18:35
Not hard to see why the really cheap flights are not out there anymore.The Passenger will always pay in the end just some will win the compensation lottery!

zed3
4th Apr 2018, 07:58
ExXB... business class returns UK - Abu Dhabi.

TimGriff6
4th Apr 2018, 13:56
Individuals making claims like the one above plus lawyers looking for an easy buck with no win no claim frustrate me so much. It may be the law and their entitlement but I know that I'll pay for it either in increased fares or the airline going bust.

I'd much rather take the rough with the smooth and make sure I plan so that inevitable delays don't have a critical effect on me.

zed3
4th Apr 2018, 15:54
TimGriff6, Leeds dep 1015 to Amsterdam with connection to Dubai, cancelled. Rebooked BA at 1930 through London and on at 2140 to Dubai, delayed at Leeds, missed connection at Heathrow, after a day's wait at Leeds with a e15 voucher. Night at Heathrow hotel and 1230 dep. to Dubai which left on time. One day of 10 day holiday lost. Airlines are not known for giving the legal compensation. I normally take the rough with the smooth but this was too much. After 44 years of serving the airlines, in ATC and paying our own way here, I am not looking for an 'easy buck'.

TimGriff6
5th Apr 2018, 13:15
After 44 years of serving the airlines, in ATC and paying our own way here, I am not looking for an 'easy buck'.

I was referring to lawyers looking for the easy buck so apologies for not making it clearer.
In your situation, I would be hacked off but no amount of compensation would get me the day of holiday back again (even if I'd paid and thrown away 1200 for the night in the hotel) so I could not see any point in making a claim.
For the reasons I mentioned and having experienced similar situations, that's where I stand on this sort of claim and I can see that you would not agree with me but hey, we're all different.

sherburn2LA
5th Apr 2018, 16:40
No doubt some the compensation levels are excessive but if airlines paid up lawyers would not need to be involved. If there are this many CCJs how many additional claims are simply not paid.

CAA should grow a pair and tell them that if they can't operate according to the law their AOC will be cancelled.