I didn't see this thread at the time but have just been alerted to it by another member.
Actual legal expenses cannot be awarded unless there is evidence of unreasonable behaviour, which is a high bar to meet.
Whilst sending a LBC before bringing a claim isn't technically mandatory, failing to do so could be viewed dimly by a judge when it comes to awarding costs. It could be one element proving unreasonable behaviour in which case more costs can be awarded, though it likely wouldn't prove it on its own.
The old version of the PRO (Regulation 1371/2007) applies to the English portion of the journey and provides essentially the same rights in this situation, so you could claim under that too. Notably it doesn't contain the same exceptions as the new EU PRO.
As it happens, Eurostar's CoC reiterate the PRO right to overnight accommodation (including to be reimbursed for it) so you don't even need to get into the weeds of how the right arises - your claim can stand as a breach of contract claim.
That's an important point, since a breach of contract brings you within the purview of the section 75 regime. That would allow you to bring a claim against your credit card lender instead - assuming you used a credit card to pay for the tickets, and that they cost £100+ in total.
A section 75 claim is, in many ways, easier to pursue since you have recourse to the Financial Ombudsman if it's incorrectly rejected. Whilst not perfect, that Financial Ombudsman is much more effective than most and can award compensation for the general inconvenience of a lender not following the rules - which a Court cannot.
The costs you can be forced to pay in a Small Claims Track case if you lose are quite limited. Essentially you wouldn't get back the Court fees, and you could be ordered to pay the defendant's direct travel costs of sending a representative to a hearing.Yes that's not a bad idea and I am giving it serious consideration. I can see that the initial claim is not that expensive although there is a risk of costs if I lose.
Actual legal expenses cannot be awarded unless there is evidence of unreasonable behaviour, which is a high bar to meet.
The Practice Direction on Pre-Action Conduct encourages parties to avoid unnecessary Court claims and sets out the details that should be included in any Letter Before Claim. You'll find template examples online, e.g. on the Which? website.It sounds like the first part of the process is to send (by recorded delivery) a letter before action giving 14 days for Eurostar to respond. (I am not sure this part is strictly required but it seems it is expected you will have exhausted all avenues first so for the cost of a letter it seems worth a try first).
Whilst sending a LBC before bringing a claim isn't technically mandatory, failing to do so could be viewed dimly by a judge when it comes to awarding costs. It could be one element proving unreasonable behaviour in which case more costs can be awarded, though it likely wouldn't prove it on its own.
It's a fair question. Jurisdiction and the applicable laws are two different things; in this case, EU law applies to the EU portion of the journey as a matter of statute, but the Eurostar Conditions of Carriage state that the English Courts have jurisdiction for any claims.Assuming I go ahead with action one complexity seems to be that I would be trying to enforce payment under an EU law in the UK (2021/782). Would that matter?
The old version of the PRO (Regulation 1371/2007) applies to the English portion of the journey and provides essentially the same rights in this situation, so you could claim under that too. Notably it doesn't contain the same exceptions as the new EU PRO.
As it happens, Eurostar's CoC reiterate the PRO right to overnight accommodation (including to be reimbursed for it) so you don't even need to get into the weeds of how the right arises - your claim can stand as a breach of contract claim.
That's an important point, since a breach of contract brings you within the purview of the section 75 regime. That would allow you to bring a claim against your credit card lender instead - assuming you used a credit card to pay for the tickets, and that they cost £100+ in total.
A section 75 claim is, in many ways, easier to pursue since you have recourse to the Financial Ombudsman if it's incorrectly rejected. Whilst not perfect, that Financial Ombudsman is much more effective than most and can award compensation for the general inconvenience of a lender not following the rules - which a Court cannot.
Those would also be options but I think you have a much clearer and easier pathway to getting your money back via the County Court or, if available, a section 75 claim.I guess potentially there is the option of the Consumer Rights Act using the "Reasonable Care and Skill" clause? Or potentially because they tried the "Bait and Switch" approach which is illegal under the Unfair Trading Regulation 2008 law.
Happy to do so whichever way you decide to pursue it.Assuming that is still OK I think probably I will draft a "letter before action". Would anyone on the forum with any experience of this be able to review it before I send it?