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What action do you take when points don't post and no one cares?

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What action do you take when points don't post and no one cares?

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Old Sep 9, 2002 | 6:15 pm
  #1  
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What action do you take when points don't post and no one cares?

We've all been there before - the points don't post from a 3rd party supplier (one that is still solvent)- usually somehow it resolves, sooner or later. After months of finger pointing, someone (usually the airline / hotel) will just make good on it. Or maybe not.

I have a situation where no one cares and no one will reply. A new massive parking structure near SFO, called ParkSFO had a promotion for months where you get 500 miles on your favo(u)rite airline for signing up with the plan, and a continuing 50 miles a day for parking. You even get a plastic card with your airline info embossed thereon for presentation at payment. The facility is decent.

I signed up in the early spring. I received a card shortly thereafter. Months later, I wrote an email - received an auto reply. They got it. They never replied. Gave it some more time - emailed again - received an auto reply - they never replied. Inquired at payment one day - the clerk was surprised, and was "going to ask" for me later.

I emailed Alaska Airlines Mileage Plan in July to let them know someone "selling" their miles as a promo isn't following through and using their good name with false promises. I received an autoreply, but no one ever replied to the inquiry.

I contacted 2 local TV stations via their consumer "help" departments - not even the courtesy of a reply.

All in all, no one cares, and no one will reply. Period. No one even points fingers, as no one replies.

I'm probably out about 1000 miles for this - which, as 1% of an international F ticket, has a value of about 100 bucks (which is exactly where and how I spend the miles).

I have already "spoken" with my wallet, because I've gone back to my usual parking lot, where I get a filled up punchcard from time to time for a free week's parking.

Has anyone here sued for miles or points or their "cash equivilent?" Its hardly worth the time, but this is an outright fraud - mass mailings, billboards, other ads, and so on. They don't even reply to say "we don't owe you anything". I would have even thought that AS would have done something, but they won't even reply.

Thoughts?
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Old Sep 9, 2002 | 6:29 pm
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"What action do you take when points don't post and no one cares?"

I usually keep nagging Marriott Rewards until they give in!
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Old Sep 9, 2002 | 6:29 pm
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It happens from time to time, and no, it's not fair. I let it go; it's not worth my time worrying about.

As for the value, if it's 1% of an international 1st class ticket, the value to you is 1% of [i]what you would be willing to pay for that ticket[i]. (Please don't even think about tha value in a court of law. It will take on a life of its own and will cause you far more in aggravation than you could ever dream of collecting.
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Old Sep 9, 2002 | 7:49 pm
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I stop bothering with e-mails, and consider them to have been never read.

Phone calls, waiting on hold for a manager, and sometimes letters in the mail if you are sending them to a specific person.
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Old Sep 9, 2002 | 8:02 pm
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A would do one last try (and I'm in the same position you're in; pretty card no miles) and send a certified, return-receipt-requested to ParkSFO with a copy to the President of A.S. I would note on the letter that it has been cc'ed to Name of Your Favorite Attorney at Law.

What's the drill for a small claims court action in California?
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Old Sep 9, 2002 | 8:46 pm
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I could not agree with cblaisd more. Small Claims Court is the way to go. I have an unresolved beef with UA which I plan to refer to said court. The current limit is $5,000.00. Your out of pocket expenses will be the court's filing fee. Such an action will also cause you to spend the time to appear in court. The good news is that the defendant can not bring an attorney to represent it at the hearing.

Happy Trails!
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Old Sep 9, 2002 | 8:46 pm
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by cblaisd:
[B] I would note on the letter that it has been cc'ed to Name of Your Favorite Attorney at Law.

B]</font>

Funny. The letter would be on my letterhead anyway, which tends to say "Attorney at Law" right after my name, and before the address...
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Old Sep 9, 2002 | 8:51 pm
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you might also try planetfeedback.com
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Old Sep 9, 2002 | 11:00 pm
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"The good news is that the
defendant can not bring an attorney to represent it at the hearing."

Unless the defendant happens to be an attorney. Hey, it happened to me and I got screwed. I was suing the state of CA and a particular individual for a contract violation, and lo and behold, the individual turned out to be a non practicing, but fully accredited attorney. (I was no match for him)

Not likely to happen in most cases tho..
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Old Sep 10, 2002 | 1:07 am
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afrugal1,

Since a corporation is a fictional person, one would think that the only way it could "appear" would be through an attorney.

Maybe you mean one can't collect attorney fees in court (absent a private contract to the contrary), and that the technical rules of evidence do not apply, but I doubt a defendant is prohibited from being represented by an attorney, at that party's own expense.

What about a person who is deaf, or does not speak English, or is illiterate? More likely, no attorney would be usually interested in such a low-value case, with no possibility of remuneration from an opposing party. But as an absolute prohibition, I'm dubious. Of course I could be convinced by a citation to the relevant small claims court rule!

I can see how allowing plaintiffs not to be represented by counsel might be fair, since they control the forum, and as a matter of public policy a legislature or court might not want small claims court to be dominated by the collections bar. But even there, I'd want to read the actual rule to be sure.

Certainly not all states exclude attorneys from small claims court, so it's best to consult the rule or ask an attorney practicing in that field (collections) in the particular jurisdiction. While the rest of the bar tends to look down on collections attorneys as lacking in legal skills, some of the ones I know make a very good living.

Turning from small claims court, Eastbay1K, perhaps you could find a hungry class-action attorney, such as the newly-admitted former travel agent who sued American for debit memos issued to agencies for pax who did hidden-city ticketing and other "sins."
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Old Sep 10, 2002 | 6:16 am
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by SPN Lifer:
afrugal1,

Since a corporation is a fictional person, one would think that the only way it could "appear" would be through an attorney.
</font>
Any representative for the company can appear.

Very large companies, especially those that deal with consumers, are sued several times a day, mainly in small claims courts. It would be incredibly expensive to send an attorney for each case.
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Old Sep 10, 2002 | 9:01 am
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Actually, at least in California small claims court, a corporation can not be represented by an attorney unless that attorney is also an officer of the corporation. Nor can a private party be represented by an attorney. It's NOT just a question of whether it's at their own expense. An attorney MAY NOT represent folks in small claims court. They can only appear as a party to the suit (hence, the officer of a corporation exception) or PERHAPS as a witness (depending on what they're testifying to.)
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Old Sep 10, 2002 | 10:10 am
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This is probably different by State. In Massachusetts, both the plaintiff and the defendant may (but are by no means required) bring an attorney.
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Old Sep 10, 2002 | 11:43 am
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<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by Eastbay1K:
All in all, no one cares, and no one will reply. [...] I'm probably out about 1000 miles for this - which, as 1% of an international F ticket, has a value of about 100 bucks (which is exactly where and how I spend the miles).</font>
Although that does suck, for 1000 miles frankly I would just move on. With the filing fee for Small Claims court and the time you would waste you could easily afford to buy some mileage certs on eBay.
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Old Sep 10, 2002 | 12:34 pm
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My experience with lawsuits (both in sm claims and in real court) shows that, as long as you show what the average person would pay for the miles, you are showing good faith that will be noted and appreciated when the final ruling comes down - and the other side knows this, backing down from a more aggressive stance if they notice they are dealing with one who, instead of being the usual, easily dismissed greedy bum, has all their t's crossed, their i's dotted and just wants what is fair and right.

There has been more than one thread on FT stating what the IRS thinks miles are worth when they are won from contests and such. I don't remember exactly what it is, but I remember it made me stop before entering more FF miles contests

If you do go to Court, why stop at Sm Claims. I remember awhile ago that punitive damages could be awarded there, but rarely - I haven't checked if this is still so. Why not just go for it though and go to real Court, giving up the $300 or so bucks to file, doing the case yourself, getting your money back PLUS a punitive amount, so these shmucks stop what they're doing and ream someone else.

Of course, this would require using real mail, return receipt requested to support the sent emails and their replys, phone calls, etc., and cc:ing everyone on all letters, including the airline on the SFO Park letter, and the SFO Park on the airline letter, which would not be a warning, like the email you sent, but, instead, after a stmt of facts and dates, ask if they have ever entered into any type of negotiation or agreement with the SFO Park, etc., so they will have to take notice of your correspondence - good faith demands it.
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