bitob Posted October 31, 2023 Author #251 Share Posted October 31, 2023 I am a retired attorney. The cost of suing is not worth it, even in US. Not a viable option Link to comment Share on other sites More sharing options...
Rare FlyerTalker Posted October 31, 2023 #252 Share Posted October 31, 2023 1 hour ago, bitob said: I am a retired attorney. The cost of suing is not worth it, even in US. Not a viable option You mean you would charge yourself THAT much?? 😀 Link to comment Share on other sites More sharing options...
bitob Posted October 31, 2023 Author #253 Share Posted October 31, 2023 30 minutes ago, FlyerTalker said: You mean you would charge yourself THAT much?? 😀 Great attorneys don’t come cheap 😁 Link to comment Share on other sites More sharing options...
Mr Luxury Posted October 31, 2023 #254 Share Posted October 31, 2023 5 hours ago, bitob said: Great attorneys don’t come cheap 😁 Neither does good luggage.🤔 Link to comment Share on other sites More sharing options...
Rare Pushpit Posted October 31, 2023 #255 Share Posted October 31, 2023 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. Link to comment Share on other sites More sharing options...
bitob Posted October 31, 2023 Author #256 Share Posted October 31, 2023 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. Link to comment Share on other sites More sharing options...
az85331 Posted October 31, 2023 #257 Share Posted October 31, 2023 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. Link to comment Share on other sites More sharing options...
bitob Posted October 31, 2023 Author #258 Share Posted October 31, 2023 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 Link to comment Share on other sites More sharing options...
bitob Posted November 1, 2023 Author #259 Share Posted November 1, 2023 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 17 1 Link to comment Share on other sites More sharing options...
bitob Posted November 1, 2023 Author #260 Share Posted November 1, 2023 And it only took 2 days for response!! kudos to folks at the port 2 Link to comment Share on other sites More sharing options...
Host Hattie Posted November 1, 2023 #261 Share Posted November 1, 2023 That's good news, thanks for the update. 3 Link to comment Share on other sites More sharing options...
bitob Posted November 1, 2023 Author #262 Share Posted November 1, 2023 I offered to send photos of damaged items as I did not include in submission. Not needed Link to comment Share on other sites More sharing options...
Rare terry&mike Posted November 2, 2023 #263 Share Posted November 2, 2023 13 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 Excellent news! 1 Link to comment Share on other sites More sharing options...
Petulia Posted November 2, 2023 #264 Share Posted November 2, 2023 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? 🤔 Link to comment Share on other sites More sharing options...
bitob Posted November 2, 2023 Author #265 Share Posted November 2, 2023 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 1 Link to comment Share on other sites More sharing options...
SusanLINY Posted November 2, 2023 #266 Share Posted November 2, 2023 In a hundred years they'll be dredging the port and find your suitcase, now an artifact. 1 Link to comment Share on other sites More sharing options...
Rare NE John Posted November 2, 2023 #267 Share Posted November 2, 2023 (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 November 2, 2023 by NE John 3 Link to comment Share on other sites More sharing options...
bitob Posted November 7, 2023 Author #268 Share Posted November 7, 2023 Today I received check from Port very healthy 4 figures nothing from Cunard yet i wrote to ask when I can expect the $500 no answer 6 Link to comment Share on other sites More sharing options...
Rare MrsPeel55 Posted November 12, 2023 #269 Share Posted November 12, 2023 @bitob so glad to hear you got a relatively happy ending. 🙂 1 Link to comment Share on other sites More sharing options...
bitob Posted November 12, 2023 Author #270 Share Posted November 12, 2023 Cunard finally responded check is in the mail😁 6 Link to comment Share on other sites More sharing options...
Rare puppycanducruise Posted November 12, 2023 #271 Share Posted November 12, 2023 🤞 Hope it's true. Link to comment Share on other sites More sharing options...
Rare 3rdGenCunarder Posted November 12, 2023 #272 Share Posted November 12, 2023 2 hours ago, bitob said: Cunard finally responded check is in the mail😁 Glad you got a good resolution. It certainly wasn't easy. I wonder what the outcome was for people who didn't put in the effort you did. Link to comment Share on other sites More sharing options...
bitob Posted November 12, 2023 Author #273 Share Posted November 12, 2023 Being a retired attorney helps. Dogged. I'm still fighting with Chase Sapphire Reserve for the balance. I expect to win. 2 Link to comment Share on other sites More sharing options...
SusanLINY Posted November 13, 2023 #274 Share Posted November 13, 2023 23 hours ago, bitob said: Being a retired attorney helps. Dogged. I'm still fighting with Chase Sapphire Reserve for the balance. I expect to win. I wish you were my attorney! Link to comment Share on other sites More sharing options...
bitob Posted November 13, 2023 Author #275 Share Posted November 13, 2023 1 minute ago, SusanLINY said: I wish you were my attorney! Happily retired. But still using my skills 1 Link to comment Share on other sites More sharing options...
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