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26 Feb 19, 11:41 PM |
#21
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Surfing at Typhoon Lagoon
Join Date: Oct 08
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keep it all, two years of your time, I say they can go jump.
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27 Feb 19, 09:25 AM |
#22
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Imagineer
Join Date: Jan 08
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27 Feb 19, 10:30 AM |
#23
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Imagineer
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I'd assume the OP knew the correct refund he was expecting if it was EU261 so rather loses out on the moral ground if he just accepted the refund.
Deducting bank transfer charges is acceptable but I'd probably see if I could pay it on a currency friendly credit card instead. It's probably not worth the extra stress to argue when he already knows it is legitimate. If it took two years to get the refund the OP has probably wasted enough of his valuable time on this already. Edited at 10:33 AM. |
27 Feb 19, 11:44 AM |
#24
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Imagineer
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I would pay it back ( making sure it was at no cost to me). I would also phone up and check it was a legit recall (No scammers) first.
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27 Feb 19, 07:49 PM |
#25
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Imagineer
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I’d simply point this out to them, and say since it’s their mistake the total you transfer back will be the number of pounds that you would have received from that €350 (Ie at the exchange rate you received) minus the £20 bank charge. But first contact them directly and confirm this is required.
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Got the Florida bug... 2012 - Quaility Inn International 2014 - Rosen Inn International, Hard Rock Hotel, Yacht club and Bay Lake Tower! Mr Bears Grand Adventure, 2015- A sneaky to DLP- Sequoia Lodge, 2016- Another WDW trip... BLT, AKL, HRH and Rosen Inn - Mr Bear takes Boris to WDW, 2022 - Taking the small fry…. Coronado spring addition, 2024 - Riding solo? |
27 Feb 19, 08:37 PM |
#26
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slightly serious Dibber
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Personally I would contact them to make sure it was a genuine bank account, tell them I would be deducting fees and paying them back in GBP calculated at a rate guaranteed that I didn’t lose out. Finally I would be paying them in 2 years time. Honestly, they don’t deserve it with the way the airlines treat passengers over EU261.
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Trip #16: In planning |
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1 Mar 19, 12:02 AM |
#27
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Imagineer
Join Date: Jun 16
Location: God's Own Country
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Sorry. It isn’t in relation to contract, it’s a mistaken over payment,the claim by the airline for any recovery is not in contract but in restitution. Payments due to mistake of law and fact are well established in English law.
Now it is fair to say that since a judgement in 98 certain types of payments paid under mistake of law have been recoverable (court was influenced by a Law Commission report on the matter) but it's certainly what OP should be arguing if OP wants to hold onto the money. OP could also try to throw in the defence of change of position (compensation seemed correct to him, he spent it all in good faith) to muddy the waters further if OP was so minded. Edited at 12:17 AM. |
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1 Mar 19, 10:15 AM |
#28
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Imagineer
Join Date: Jan 08
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Thanks, I agree it’s about law of restitution but if OP had researched EU261 and knew what he/she was entitled to, then the overpayment means they have been ‘enriched’. I think it would be very difficult to legally defend retaining the overpayment, apart from deducting reasonable expenses.
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1 Mar 19, 11:22 AM |
#29
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Imagineer
Join Date: Feb 08
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It should be repaid, sure, but if I got an email demanding money, I would be ignoring it alongside all the other emails that arrive requesting money!
For starters, email is not a guaranteed delivery mechanism. And even if it did arrive, it could easily have got routed into your spam folder. Personally, I would put the money aside but would be waiting for them to actually write me a letter, and then I would be calling the number from their website to make the payment by credit card). I certainly wouldn't be paying a bank fee! That would be taken off the payment amount - you should not have to pay to sort out their mistake.
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