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bitob

By bitob,
in Cunard Line

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Pushpit "Live from...." Rare

Pushpit

Posted
Posted
7 hours ago, bitob said:

I am a retired attorney. The cost of suing is not worth it, even in US. Not a viable option 

 

Consider MCOL in the UK then, the small claims channel. Legal costs cannot usually be transferred, and other costs are restricted in terms of defendant (defender in Scotland) and claimant. There are several stages to it, but all you need - at this stage - is a postal address in the UK and someone prepared to open letters. A friend can do this, or a solicitor or a postal address handler such as First Formations. Later on there may be a hearing, these are often (though not always) by a legalised version of Teams. Even if Cunard ratchets up £10,000 in legal costs (not difficult) and you are a particularly rude claimant who turns up late, and you lose totally, then you are unlikely to end up with a bill more than expenses on the day for the defendants (petrol and car parking basically). If you show total dedication to the legal process you can lose and just bear your own costs, usually £150. MCOL can apply the Athens Convention.

 

You can claim either on the basis that Cunard is a UK company and/or if you boarded the vessel in Southampton and/or you bought the ticket - or aspects of the ticket in the UK.

 

There are several stages, the first bit is critical to you and moves quickly: you fill in a form with your claim - you have to reach the end of internal negociations with Cunard first, then give a final before-action letter. After you fill in the MCOL application Cunard must reply within a strict timetable, between 3 and 6 weeks, with a full defence that they will table in court. This defence is incredibly useful and then allows a sensible discussion with Cunard's solicitors about a solution. They will take the least cost route, bearing in mind my first paragraph. From this paragraph, you need an exact and justifiable statement of losses, and there's no compensation / disappointment amount, just what you have genuinely lost. There is a separate bit of legislation for package tours, which does give a rare "loss of enjoyment" factor, which I mention for any European readers, I can't see that aspect applying to USA travellers.

 

For the hearing - which could be in person, but you may be able to lobby for Teams - that is going to be at least 8 months, or even 14 months from the defence issued in the paragraph above. This is due to the HMCTS having a massive pandemic backlog and fewer judges (thanks also to the pandemic).  

 

Large companies absolutely hate MCOL since they get full legal costs and no recovery. Lobby your senator (and representative) to get (a) the USA on to Athens Convention and (b) to accept the basic principle that consumer protection should not the reserve of the very wealthy. No respectable company will fear consumer protection or its costs.

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bitob

bitob

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I just submitted my claim to the Port contact.  It just so happens that when I was trying to determine if my third bag was ever recovered from the water, the person whose name Cunard provided was the person who helped me determine that the 3rd bag was never recovered.  She was very sympathetic and very helpful.  Of course, she will only implementing a policy determined by the powers that be -- but at least we are dealing with someone who will respond and communicate.

 

My "legal" opinion -- it was clearly the fault of the stevedores and their employer ( I assume the Port) should compensate us.  I am sure they have insurance.  Of course, they could try to classify the awful weather as an "Act of God."  However, fact that Cunard is not compensating us and then seeking to recover from the Port is disgraceful.  That is what should have happened.

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bitob

bitob

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55 minutes ago, az85331 said:

Would you, please, share your Port agent's contact?  We were given the Wendy Machos phone and email, but she did not respond yet to all our attempts to contact her.

it’s the same Wendy. I called her 10 days ago and she was helpful. I just emailed my claim to her. 
 

give her time to respond 

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Petulia

Petulia

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Posted
14 hours ago, bitob said:

Unexpected good news

 

i submitted my claim to the port

 

i just got very generous offer!!!

 

only about 500 less than I requested

offer is thousands 

Bitter sweet after the experience you’ve had, but great news in the circumstances.

 

I wonder if your still missing case will surface somewhere at some point? 🤔

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bitob

bitob

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12 minutes ago, Petulia said:

Bitter sweet after the experience you’ve had, but great news in the circumstances.

 

I wonder if your still missing case will surface somewhere at some point? 🤔

Wouldn’t that be a hoot

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NE John Great Review Rare

NE John

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Posted (edited)

Wasn’t that luggage featured in the final scene of the original “Planet of the Apes”? Near the Statue of Liberty…

At this point, a bit of silly humor is needed. 

 

Edited by NE John
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