Multiple issues with paying a baggage claim

[Barbelith]

Hi Legal Beagles.

Long time lurker, love your work.

Here it is -

Air France lost our bags two years ago. We put in a claim, and were sent a paltry £200. We were asked for receipts to cover the itemised losses. We duly sent these. They responded to tell us we were out of time, although we had never been advised of a time limit, indeed they stated we were considered too late one month after the loss, even though they were requesting receipts two months after it happened. We were going on holiday at this time (first trip with Air France was a working trip), and our having to buy new wardrobes meant our funds were significantly depleted. We told Air France that they had misadvised us about the time limit - we knew our rights under the Montreal Convention, and if they did not pay out fairly, our impending two week holiday was going to be ruined due to no spare cash. We warned them five times. Then went abroad and it was not half the holiday we were looking forward to, particularly as it was meant to make up for the previous holiday when the clothes went missing.

So we took them to Court. They field a defence which was a joke, citing five of the receipts as the only ones received, when we actually sent 16. We called their luggage department and got a recording of a call in which they read out the itemisation of the receipts received on their end - there were approx. 10.

We got back in touch with their legal team, and were sent another list of receipts, this time including ones not told to us in the call, and some of the ones we knew of from the call still not included in their new list.

This back and for happened several more times, before we finally established that Air France had 12 of the receipts, and were missing 4. We have a confirmation email proving that all 16 were sent though. In total Air France contradicted their official account 5 times.

They then finally settled this matter, after repeatedly ignoring our requests for a Data Subject Access Report so that we could get all their system notes pertaining to this massive cock-up. Their lawyer did tell us we would have it by a given date, but it has never materialised despite out chasing it twice.

The settlement, they told us, was for the £1100 claimed, and a further £300. A cheque was to be forthcoming ASAP.

We booked an Easter vacation - again, to make up for the previous two ruined holidays. The extra money was earmarked for this.

Air France then emailed the Court and ourselves, stating they had settled the case - for £1100.

I emailed them, asking if this was a mistake and telling them the extra money was relied upon for the Easter trip - non-refundable trains and hotels were already booked, totalling £450.

They ignored the email.

The cheque, which was sent to out house in the UK whilst we were working abroad, and managed to turn up the same day as this email to us/the Courts was sent, was paid in by our house sitter (we were actually waiting for a different cheque ie wages and she was instructed to pay it into the bank in our absence).

I emailed Air France again, and told that I would be furious if we had to cancel the trip because of this.

They emailed back, no explanation about the misinformation, and stated they considered the matter closed.

So we are set to take them to Court again.

They have also ignored further requests for the Data Subject Access Report.

What are your thoughts peeps? ALL advice appreciated

[Barbelith]

?????

[Barbelith]

Hmmh...

[des8]

Hi
You've probably had no response as you seem to have it tied up already!

I take it you are looking for the extra £300 (was this part of the court order or was it an extra out of court settlement? your post is unclear)
Was this offer in writing, or just verbal?

Regarding the lack of response to a data subject access request you could report them to The ICO or even take action through the courts.
Perhaps remind Air France of your remedies.

[Barbelith]

Thanks for replying

I am looking for the extra £300 which they confirmed was part of the settlement cheque they were sending me, and I feel that if I am taking them on for this extra £££, I should also now pursue them for the ruined hols.

What are your thoughts on the latter?

[des8]

Nothing ventured, nothing gained!

They said they were sending an extra £300 , but then didn't.

I doubt you have a cause of action as there was no contract, and it was not part of the court award.
You relied on someone's word which turned out to be false.
They were dishonest but whilst dishonesty in the conduct of litigation is a criminal offence, I doubt in this instance it gives rise to a civil claim.
A judge would quite likely refer you to the phrase about counting chickens.

[Barbelith]

Okay.

But if I relied on their info and it led to a ruined hol are they not responsible?

[Amethyst]

Was the £300 in writing at all ?


You should follow up the SAR request though.

With this, and then reporting to the ICO https://ico.org.uk/concerns/

[Your full address]
[Phone number]
[The date]


[Name and address of the organisation]

Dear Sir or Madam

Non response to a subject access request

I am writing further to my letter of [date] in which I made a subject access request, because I have not received any response from your organisation.

As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible.

If I do not receive a response from your organisation within 14 days, I will report this matter to the Information Commissioner’s Office (ICO)

You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113.

*If there is anything you would like to discuss, please contact me on the following [telephone number].

Yours faithfully
[Signature]

*optional

[des8]

Okay.

But if I relied on their info and it led to a ruined hol are they not responsible?

Although it is galling and I feel for you, I very much doubt it is a claim that will stand up in court, even though the amount was mentioned in an email

Of course if you raise a claim for a relatively small amount,, as the cost to them of defending it would be higher than your claim, they may settle out of court.
But it is a risk
My opinion only!