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Portuguese company wants to sue me
Simon LeBon
post Tue, 8 May 2018 - 13:04
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Long story short.

Ryanair delayed me 4 hours. Entitled to compensation. I ask a Portuguese company called aireclaim to help.
They take 25% of the €250 compensation.

Ryanair sent me the 250 direct and cut them out of the loop. Now they are demanding 66% of the money as I went behind their back, but they are willing to settle for 25%.

Failure to pay means they will sue and claim expenses of €4000 for their lawyers.

Surely no court would entertain this?

They won't send me an invoice and want the money deposited in an account unconnected to the company.

I assume their threats to sue are baseless?
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post Tue, 8 May 2018 - 13:04
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southpaw82
post Tue, 8 May 2018 - 13:10
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Have you paid them what they’re owed?


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Korting
post Tue, 8 May 2018 - 13:20
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Did you sign any contract with this Portuguese company?
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Simon LeBon
post Tue, 8 May 2018 - 13:21
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I am happy to give the 25% but they won't issue an invoice. They say they would have to add VAT. So they just want me to send the money as a gift.

Also I am not happy to participate in tax evasion. The IBAN is not theirs or in anyway connected with the company. It appears to belong to a random person.

My question is would any judge in small claims allow that level of expenses on a 100 euro claim?
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peterguk
post Tue, 8 May 2018 - 13:43
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So both sides shafting each other...


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Glacier2
post Tue, 8 May 2018 - 13:53
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It certainly appears so.

I would be thinking they would have to issue in Portugal and then seek to have the case transferred to the UK. They are not based in the UK or have a UK address so they could not issue in the UK.

For that level of claim it is not economically viable. I think the €4000 for lawyers is just to put the frighteners on.

The rest regarding the possible tax evasion is interesting.
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The Rookie
post Tue, 8 May 2018 - 14:26
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I’m wondering why anyone uses a claim handling company anyway, I’ve not bothered and saved myself a couple of hundred as a result (not with pain in the arris Ryan air though).

I’d be inclined to just send them the 25% as that seems the right thing to do.


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stamfordman
post Tue, 8 May 2018 - 14:34
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I tried a claims company in the Netherlands to recover late flight payments from a small Italian carrier - they failed.

As Rookie, I would just pay the 25% - not a big deal.
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Glacier2
post Tue, 8 May 2018 - 14:50
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I would report them for tax evasion if you decide to pay them.
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Speedy2007
post Tue, 8 May 2018 - 14:59
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Ignore how they want to be paid and send them a cheque for the 25%. Bet they won't cash it but you can prove you sent it.
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cp8759
post Tue, 8 May 2018 - 16:13
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QUOTE (stamfordman @ Tue, 8 May 2018 - 15:34) *
I tried a claims company in the Netherlands to recover late flight payments from a small Italian carrier - they failed.

As Rookie, I would just pay the 25% - not a big deal.

Next time post in the flame pit, I've dealt with these situations before quite successfully (they settled shortly before a court hearing).

QUOTE (Speedy2007 @ Tue, 8 May 2018 - 15:59) *
Ignore how they want to be paid and send them a cheque for the 25%. Bet they won't cash it but you can prove you sent it.

They could then reasonably demand the costs of cashing the cheque, which won't be insignificant.The invoice currency is also likely to be euros so they're under no obligation to accept a sterling cheque.

I would just send them a repose saying you'll pay as soon as you receive the invoice, you will only pay to a bank account held in the name of the company, and you expect the invoice to include VAT as you wouldn't be willing to facilitate tax evasion. Either they comply and then you should pay, or they don't and then you should ignore them.


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southpaw82
post Tue, 8 May 2018 - 18:09
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I don’t think the OP can legitimately impose conditions on how he will pay a sum he owes. He might get away with demanding an invoice but as to which account to pay it’s becoming unreasonable.


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cp8759
post Tue, 8 May 2018 - 18:48
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QUOTE (southpaw82 @ Tue, 8 May 2018 - 19:09) *
I don’t think the OP can legitimately impose conditions on how he will pay a sum he owes. He might get away with demanding an invoice but as to which account to pay it’s becoming unreasonable.

Unless the contract says otherwise, I don't see how the OP is under an obligation to pay a third party, or to pay by any particular method. Therefore unless the debtor tenders legal tender (i.e. cash which for coins must be not more than 50 coins), how the debt is to be discharged is a matter of commercial agreement between the parties. It is reasonable for the OP to want to pay the debtor, rather than a third party (And reasonableness goes both ways, for example the OP would be well within his rights to refuse to pay by making a payment via WU to a Nigerian prince).


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southpaw82
post Tue, 8 May 2018 - 19:35
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We don’t even know what law governs the contract.


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notmeatloaf
post Tue, 8 May 2018 - 20:07
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Presumably you need to check the agreement you made with them.

If Ryanair paid you the €250 as a result of the claim company's contact, I would just pay the 25% however they want to get them off your case. They have done their part of the deal so you aren't out of pocket.
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mickR
post Tue, 8 May 2018 - 21:16
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Paying into an unconnected account is very suspect! Threats of inflated legal fees? Are you sure you're contact with them hasnt been intercepted and youre not being scammed !!.

QUOTE (notmeatloaf @ Tue, 8 May 2018 - 20:07) *
I would just pay the 25% however they want to get them off your case.


With no whiff of an invoice I doubt there will be any confirmation of the payment to the 3rd party account. Money gone then Airtodaygonetomora decides you haven't paid......
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captain swoop
post Tue, 8 May 2018 - 23:12
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Surely 'The Reflex' and 'Hungry Like the Wolf' on their won must still be making enough royalties to pay this off?
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cp8759
post Wed, 9 May 2018 - 15:57
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QUOTE (mickR @ Tue, 8 May 2018 - 22:16) *
With no whiff of an invoice I doubt there will be any confirmation of the payment to the 3rd party account. Money gone then Airtodaygonetomora decides you haven't paid......

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Churchmouse
post Fri, 11 May 2018 - 00:53
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QUOTE (Simon LeBon @ Tue, 8 May 2018 - 14:21) *
My question is would any judge in small claims allow that level of expenses on a 100 euro claim?

Not in a UK small claims court. Do you really think they're going to take you to court in a foreign country for 25% of €250? (And what was the 66% demand about? You said that it was Ryanair that "cut them out of the loop", so what contractual provision did you allegedly breach that would entitle them to punitive damages?)

[I prefer the Nip Drivers' version of "Rio" to yours, btw.]

--Churchmouse
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