antipest

Hi,
Does anyone know of a UK mail address apart from the LHR ticket office I can use to start legal proceeding from. They refuse to refund a fully flexible ticket I purchased even though I have confirmation that they would refund it... I now only have one option but I need a address that is a bit more than

• Heathrow Airport
• Greater London TW6. Terminal 3 – check-in desk E14

Thank you.

Semphyra

There was an office near Hammersmith Station, but I believe they closed a couple of years ago

Kiwi Flyer

Perhaps

Unit 20.2 The Coda Centre 189 Munster Road, London, SW6 6AW

(via https://beta.companieshouse.gov.uk/company/BR014324)

or alternatively

Mr Martin Guillermo Modarelli
Landmark House, 2nd floor
Hammersmith Bridge Road
London
W6 9EJ

(address for service link to UK companies office)

antipest

Kiwi Flyer.

Thank you very much for those 2 addresses I will now pursue proceedings.

moral_low_ground

I am having the same problems and about to go down the same route. I was due to travel from GRU-LIM in Business class last August (2018) but due to a job change I cancelled and flew from London instead (on IB),

The fare rules stated a $200 USD penalty for cancellation so they owe me about $450 USD. Have made many calls but same old cr*p. Seems the problem initially was that I made the booking using my Mastercard which was on an Emirates NBD account (as I lived in Dubai). Seems Latam couldn't figure out how to/or process didn't work to refund me. So in Jan they took my UK bank details and I hoped that would solve it. Of course they said it would take 20 business days and of course at the end of 20 days no refund. It's infuriating as when you ring up they just close your case (Afterwrards) even though they have not resolved. You speak to supervisors who tell you the refund team is back office and no way to speak with them. It's now been 7 months and was really hoping to avoid the legal route but if this last case which I have opened does not work then seems there is little choice.

Really bad from Latam whom I actually enjoy flying.

moral_low_ground

Short update, I finally got LATAM to confirm their UK address for legal docs is the one listed at Companies House (Unit 20.2...)

Have run out of my infinite patience (!!!) I finally issued a money claim (basically a County Court submission that you can do online with a £35 GBP fee).

To my amazement, 3 days after this submission I got an email from LATAM telling me my refund was agreed and they would issue a refund (I have no idea if this is a coincidence or a consequence of my submission). The email made no reference of my Court action.

Of course...not out of the woods yet:

1) LATAM want to make refund to the original credit card used for payment and I don't have that any more (so I have asked they do a bank transfer)
2) LATAM need to pay the refund +interest and my Court fee (that you get back if you win the case) and not just the plain refund (although that would be a start)
3) Despite the email saying they will refund me the money, they do actually have to do something (something they haven't done since last July 2018)

So, the Court case remains and only when I receive the cash will I drop it.

I encourage anyone having problems getting an "obviously" owed refund to take action sooner rather than later (is really simple in the UK) - however, part of the Court process is to show that you have made efforts to resolve the situation (phone calls, support cases etc)

Often1

For simple refunds and the like, the easiest and cost-free alternative is to either initiate a chargeback dispute with your card issuer. In some areas, you may be able to have your bank do the same with a standard demand (checking) account.

This places the burden on the merchant (carrier) to demonstrate that the amount is legitimate and, if it does not, you have your money. In situations such as this, the carrier will not likely do anything and when it does not, you have your money.

No cost, little of your time, and even less time elapsed.

moral_low_ground

Agreed, but shortly after I cancelled the trip I left Dubai and cancelled the credit card it was booked on. In addition, if there are cancellation penalties (in my case $200 USD) you cannot cancel the whole charge as you are not entitled to the entire refund.

Often1

Pity. Both US and most in Western Europe permit partial chargebacks. It is quite common to find situations where part of the charge is entirely valid.

moral_low_ground

So, miracles do happen. 7 business days after LATAM said they would refund me the ticket they finally did (11 months after I cancelled). I am sure the Money Claim action pushed them in to it and indeed that is still outstanding as, although LATAM have refunded me the ticket, my money claim included the £35 court fee and interest of £30 GBP.

I am not going to let them off the hook. They owe me another £65 GBP and once they pay up it will be over.

What a totally sh*t experience and shame on LATAM for forcing legal action to get them to refund a refundable ticket

theboss7593

I think your starting to nitpick and I'm not so sure you'll get the court fee back.. I would be surprised if they "paid you interest"

The lesson here is pay with AMEX, chargeback and save time...

moral_low_ground

Why am I nitpicking. You think it's acceptable for an airline to pi*s you around for 11 months for a refund you are legally entitled to.

By way of an update, I continued with the Court claim for the remainder of the balance. LATAM are so sh*t they didn't even respond so I now have a default judgement for the Court fee and interest.

Maybe I'll turn up at LHR with my heavies and impound a LATAM aircraft or seek a winding up order.

moral_low_ground

Well, I suppose to finish this we can at least congratulate LATAM for abiding by the Judgement as I did indeed receive the outstanding money (Court fee + Interest) and now we are all square.

I think it is appalling that LATAM should take 11 months to process what should have been a simple refund, make me take them to Court to get what I was owed, not even bother to defend or answer the claim instead making everyone go through the whole sorry process of issuing a judgement for 60 odd quid which they then pay shortly after.

It is great that there is a relatively simple legal process in the UK to prosecute these types of offenders and only a shame that there is not a greater fine (other than being able to claim a favorable interest rate on money not repaid) to deter this sort of behavior and wasting mine and the Court's time which definitely could be put to better use.

Semphyra

Hats off to you, sir.

Thanks for sharing your experience. In Chile we also have a small claims court, I wonder if LATAM would bother to show up in their home market