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Need help - I am threatened to be sued by Fly.co.uk‏

Coventry, United...
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Need help - I am threatened to be sued by Fly.co.uk‏

I booked a ticket on Fly.co.uk two months ago but the payment failed. I thought they had problem making the transaction, so I booked on another website. A few days later they emailed me that they noticed I had booked a same ticket with another agency, and that if I did not reply that email, the flight would be canceled and I would be imposed charges. I was afraid they would charge me for not replying, so I replied to cancel the ticket. Then, they have kept emailing me to request a cancellation fee of £ 100. And now, they even request £ 112.5 (plus a reminder fee of £ 12.5). In the email, they say if I do not transfer the money by April 16, 2014, they will sue me and I will pay more (including the attorney fee and court fee).

Could you please tell me what I can do? I really do not want to run a risk to be sued, but I don't want to pay this unreasonable money, either.

Thank you for your help.

uk
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2,686 posts
20 reviews
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21. Re: Need help - I am threatened to be sued by Fly.co.uk‏

They are conning you report them here as well

http://www.actionfraud.police.uk/

Deb

United Kingdom
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8,442 posts
77 reviews
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22. Re: Need help - I am threatened to be sued by Fly.co.uk‏

Dear Feier.

Tell Fly.co.uk to stick it where the sun doesn't shine and that you will see them in court. Do it by email and keep a copy.

Don't pay them a single penny, not one!

Report the whole matter to your local Trading Standards Office and do it soon, ie, tomorrow.

Cala d'Or, Spain
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4,235 posts
117 reviews
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23. Re: Need help - I am threatened to be sued by Fly.co.uk‏

Fly.co.uk are a German company. They are a shower of thugs and conmen. Just ignore their pathetic threats.

Next time book directly with the airlines and leave all the dodgy third party agents well alone.

London, United...
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27,178 posts
28 reviews
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24. Re: Need help - I am threatened to be sued by Fly.co.uk‏

I'm sorry, as much as I hate to have to do it, I think she cannot just ignore this.

Their terms and conditions clearly state that when a booking is made then a binding contract is entered into for the agency to then book flights on behalf of the customer. This is clear,the act of booking is a legally binding contract authorising them to purchase the tickets. That's fair enough.

If payment does not complete or go through ie the customer then fails to pay for the ticket they have requested the agency buy on their behalf, then the customer agrees to pay fifty pounds cancellation fee per ticket that they have contraced the agency to book on their behalf. Again that's fair enough, you can't contract people to purchase on your behalf and then just not pay. This sort of fee is very common for those who don't pay for services they have contracted.

The op had to agree to these terms and conditions prior to purchase. This is a contract. Their terms and conditions are under English law and I think they are legally acceptable.

The op has willingly and knowingly contracted this agency to purchase these tickets on her behalf and agreed at that time that if she failed to pay for the service she had contracted she would pay the cancellation fee.

I think she should not ignore this, she should do either one of two things, get formal legal advice or pay it, however if they pass this debt to a bailiff or a debt collector, then she is going to be paying a huge amount more. If they take her to court, they could win, because this is what she clearly agreed to.

It does not matter how bad they are or what the current CEO has or is accused of doing. They are a limited company. Currently active and she has knowingly, proactively and voluntarily entered into a legally binding contract with them, the contract looks legally sound and she has broken the terms of that contract by not paying the cancellation fees she agreed to pay for not completing payment.

She simply can't just ignore this, because as said, she could end up with a huge amount more debt. They could just let it drop, but I think the odds are for such a clear cut scenario they won't. In my opinion they will sell the debt to a debt collector. And then she's.screwed.

Salisbury, United...
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7,483 posts
136 reviews
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25. Re: Need help - I am threatened to be sued by Fly.co.uk‏

OP, one of the dangers of asking a public forum is that you get a lot of advice and not all of it is correct. Froggy has made the most important contribution and is possibly correct. You should not be ignoring this as it could cost you an awful lot more.

You really should go to your local CAB to get independent and impartial correct avice. Go in person and take a copy or have the web link, of the term and conditions.

Who knows what Fly.co.uk will do but with the correct advice you will be able to make up your mind. It doesn't matter is this company is 'dubious' if their T &C's are enforceable they may well take the matter further.

Good luck and post the advice you get.

UK
Destination Expert
for North Wales
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4,709 posts
57 reviews
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26. Re: Need help - I am threatened to be sued by Fly.co.uk‏

I agree with Froggy

You clearly intended to buy the ticket because you provided your credit card details.

That could be deemed consideration, " consideration must be adequate but need not be sufficient" .

It could be argued by them that the reason payment didnt go through was because you had insufficient funds.

Or that their terminal was down so they would process payment later

You have given them permission to take the price of the ticket from your account which could be an indication that you entered an agreement.

You purchased a ticket for the same flight elsewhere, which also says that the ticket bough from fly uk was what you wanted so you cannot argue that they were giving you something that you didnt want.

Did you contact flyuk to find out why the payment didnt go through? Why did you just go to another agent to buy a ticket without enquiring. You had given them your credit card details so is it reasonable to expect they would take payment at some point for a ticket that you were happy to buy.

Usually when buying something during a phone call the agent will say there and then, " that's gone though"

I think you need to be clear as to why the payment didnt go through.

And before buying a similar ticket for the same flight, you could reasonably have been expected to check first that the first transaction ( which it was ) was null and void.

You were running the danger of ending up with two tickets for the same flight.

Check with the airline to see if the first seat was actually booked.

I would seek legal advice

Portland, Oregon
Destination Expert
for Air Travel
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28,015 posts
6 reviews
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27. Re: Need help - I am threatened to be sued by Fly.co.uk‏

I agree with Froggy and Leuca that you should take it seriously and seek legal advice.

But, go back to MrMarcoos' post #16, and follow the thread he links to. That shows the legal advice that person took (with the EU) which successfully got fly.co.uk to back down.

And let this be a lesson. This is a dodgy booker that has dodgy practices but hides behind T+Cs that people don't bother to read. There are others out there (eDreams being a classic example). Do your research **before** buying, and avoid third party online bookers.

UK
Destination Expert
for North Wales
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4,709 posts
57 reviews
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28. Re: Need help - I am threatened to be sued by Fly.co.uk‏

Playing devils advocate here.

Could the airline have contacted fly uk when the OP booked the second seat?

Did the airline's system flag up two seats being booked on the same flight in the same name.

Then the airline contacted flyuk to find out what was going on.

So it might not have anything to do with Data Protection Act.

Romford, United...
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2,065 posts
22 reviews
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29. Re: Need help - I am threatened to be sued by Fly.co.uk‏

I am going to say it was a breach of the act and how data/information was used/obtained because of the way fly.co.uk worded their e mail to the OP, they used the wording "it has come to our attention" inferring that they might have been monitoring transactions as opposed to "it has been brought to our attention" which would infer a communication received from the airline concerned-small point of grammer but maybe a telling Freudian slip

Edited: 11 April 2014, 08:24
uk
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2,686 posts
20 reviews
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30. Re: Need help - I am threatened to be sued by Fly.co.uk‏

" I agree with Froggy and Leuca that you should take it seriously and seek legal advice."

I gave the OP a link for a legal consumer website that offers FREE advice back in post 8.

Deb