Claim against Easyjet Airlines

[HarryJackson]

I had to claim for lost luggage. Under Montreal convention I am entitled to refund of clothing costs of £1200 (approx.) . Claimed for £1000.

They offered half. I spoke to them on the phone and told them only full payment was acceptable.

They emailed me asking for my bank info. I emailed back, specifically writing that my bank details were being submitted "for payment of £1000.'

They emailed back, thanking me for my payment info and wrote "thank you for the information requested. The request, and the funds will be processed within 30 days."

Month later they only sent £500.

Chased it. Started my small claim. Their lawyer now sent Defence but did not mention the calls or the above emails.

In fact has tried to make it look like the above message about processing the funds was sent later than it was, and not in direct response to my request for the £1000, but after several more emails back and for, trying to put daylight between the two emails.

I believe I have a case because this is a contract - i.e. an arrangement was made but not honoured.

Opinions?

[EnglandPi]

How do you consider an arrangement was made? They never agreed to your demand for £1000 they only agreed to £500 which is what they sent you.

[HarryJackson]

How do you consider an arrangement was made? They never agreed to your demand for £1000 they only agreed to £500 which is what they sent you.

They emailed me asking for my bank info. I emailed back, specifically writing that my bank details were being submitted "for payment of £1000.'

They emailed back, thanking me for my payment info and wrote "thank you for the information requested. The request, and the funds will be processed within 30 days."

[EnglandPi]

Sorry but you need to read what was written not what you think was written. They didn't agree to anything except to process funds, which is what they did.

[HarryJackson]

What was written was that I was sending my bank details for payment of the amount discussed via phone - I stated this clearly in my email to them sending the bank details. They responded to confirm they were processing my request for the funds in 30 days. Process means "a series of actions or steps taken in order to achieve a particular end." Ergo, they were putting in place the actions required to get me the funds specifically demanded. I told them not to send any funds otherwise - they told me this was noted. Also, phone calls, which I recorded, agreed this.

[EnglandPi]

I refer you to my previous reply.

[HarryJackson]

Anyone else?

[wales01man]

Have you anything in writing from Easy jet saying they will pay 1k ?

[efpom]

Montreal Convention - Art 17.3 3. If the carrier admits the loss of the checked baggage, or if the checked baggage has not arrived at the expiration of twenty-one days after the date on which it ought to have arrived, the passenger is entitled to enforce against the carrier the rights which flow from the contract of carriage.

Next up What does the contract of carriage say? Essentially, limits liability to the amounts in the Convention.

But, passenger still has to prove quantum (monetary amount) of loss.

Have you proved loss in the amount you claim?