# Filing in small claims court.



## redbourn

I have prepared documents and attachments to file a claim in the small claims court against Vueling Airlines who only respond to complaints with stock replies.

My case against them is very strong, but they claim that the only offices that they have are in Spain. They do of course have employees at Terminal 1 which is the address that I've put on the claim.

I don't know the procedure, so any advice that you can give me before I go to the Tribunal in Almada would be much appreciated.

Does somebody need to witness my signature? Do I need anything in addition to the documents, EU passport, and my NIF?

Does the court ask us to appear in court or does it simply make a decision and notify the parties?

The claim (translated into Portuguese by a native speaker) and attachments can be viewed here 

http://sdrv.ms/18BjcWM

Thanks Michael


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## PPashley

Hi

Sorry I can't offer any advice regarding your claim but I don't think its wise to post a copy of your passport on the internet. Someone could take a copy, steal your identity etc. 

Best wishes


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## redbourn

PPashley said:


> Hi
> 
> Sorry I can't offer any advice regarding your claim but I don't think its wise to post a copy of your passport on the internet. Someone could take a copy, steal your identity etc.
> 
> Best wishes


Thanks, I'll remove it.

Michael


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## canoeman

Veuling is a Spanish airline so I doubt very much that any claim in Portugal is going to be dealt with, small claims through a Portuguese Court will take you for ever and expensive if they'd even accept it, nothing like the UK small claim procedure. 

Think that any chance of success is exactly what the complaint is about, where you purchased ticket, service etc and under which countries or aviation body jurisdictions a complaint would come under, but in Portugal your first step would be in making an official complaint in the Complaints Book at Vuelings airport office, if that is not dealt with satisfactorily then think about the Court


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## redbourn

canoeman said:


> Veuling is a Spanish airline so I doubt very much that any claim in Portugal is going to be dealt with, small claims through a Portuguese Court will take you for ever and expensive if they'd even accept it, nothing like the UK small claim procedure.
> 
> Think that any chance of success is exactly what the complaint is about, where you purchased ticket, service etc and under which countries or aviation body jurisdictions a complaint would come under, but in Portugal your first step would be in making an official complaint in the Complaints Book at Vuelings airport office, if that is not dealt with satisfactorily then think about the Court


Thanks, I didn't know they had a complaints book; it must be pretty full ;-)

Michael


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## canoeman

Any business operating in Portugal must have an official complaints book, by law should be a notice that book is there, it must be produced on request, can be completed in English, always advisable complaint is very factual and provable, 3 copies one for you, one for book and one for investigating authority, not saying this will necessarily solve issue but at the least it makes complaint official and companies response therefore making it easier to go forward


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## redbourn

canoeman said:


> Any business operating in Portugal must have an official complaints book, by law should be a notice that book is there, it must be produced on request, can be completed in English, always advisable complaint is very factual and provable, 3 copies one for you, one for book and one for investigating authority, not saying this will necessarily solve issue but at the least it makes complaint official and companies response therefore making it easier to go forward


That's excellent thanks.

I will make an entry in the book instead of going to the small claims court tomorrow.

Michael

P.S. Now that you mention it, I've noticed shops and hotels with a complaints book!


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## redbourn

"The Livro de Reclamações (complaints book) is your first protection as a consumer in Portugal.

By law businesses offering services or providing goods in Portugal not only have to have a Livro de Reclamações, (complaints book) where customers can make a formal written complaint, but also have to have a notice, clearly visible in their premises stating they have the book.

Should you wish to make a complaint about the service or goods then you must ask the establishment for their Livro de Reclamações. The forms inside are in triplicate and it is important you provide information about yourself (name, address and identity card/residençia card or passport number), the reason for your complaint with the date and time of occurrence.

Once you have completed the form a representative of the company will have to counter-sign they have witnessed the complaint. Then you will receive a copy of this form. The company owner is duty bound to then forward a copy to the relevant regulatory body within five days of the complaint being registered within the book.

The regulatory body will then, within 10 days, decide upon reviewing all the evidence, what action needs to be taken. The regulatory body will inform all parties of the decision and the action taken.

Companies failing to have a Livro de Reclamações or failing to display clearly they have one can be fined between 250€ and 30,000€. Withholding the book from someone wishing to make a complaint can also result in a fine of up to 30,000€. If an establishment does refuse access to the Livro de Reclamações you can contact the police to intervene. At which point the severity of the fine which will be imposed on the company becomes no less than 15,000€."


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## siobhanwf

For complaints against an airline there are EU directives to cover all european community registerd airlines.

Have a look at this website for complaint procedures 

How to Complain


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## JohnBoy

I'm not trying to hijack the thread Redbourne but I think that this is relevant.

I am in dispute with a company that sells its product at your home address following a demonstration. I am not at all happy with the company in general and the demonstrator in particular so wrote asking to make an entry in the Livro de Reclamações. Their reply was to the effect that I had to go to my nearest office which would mean a round trip of 140 kms taking up my time and at a cost of course.

I took advice from a lawyer who stated that the obligation of the company was to provide the Livro de Reclamações at the point of sale which in this case was my home.

I have given the company one last chance to right their wrongs before pursuing the complaints procedure but meanwhile would welcome any advice or comments from forum members.


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## redbourn

siobhanwf said:


> For complaints against an airline there are EU directives to cover all european community registerd airlines.
> 
> Have a look at this website for complaint procedures
> 
> How to Complain


Thanks very much.

I will contact the European Consumer Centre (ECC) right away.

Vueling are really a disgrace and told me that they don't have representation in Portugal and are hiding behind that.

I emailed them today to say that I will be making a complaint in their Complaint's Book on Monday.

Facebook has at least two pages of people complaining.

I was delighted by Turkish Airlines, service food and comfort.

Vueling makes you feel that should buy water on the fight rather than being given a cup.

Michael


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## redbourn

JohnBoy said:


> I'm not trying to hijack the thread Redbourne but I think that this is relevant.
> 
> I am in dispute with a company that sells its product at your home address following a demonstration. I am not at all happy with the company in general and the demonstrator in particular so wrote asking to make an entry in the Livro de Reclamações. Their reply was to the effect that I had to go to my nearest office which would mean a round trip of 140 kms taking up my time and at a cost of course.
> 
> I took advice from a lawyer who stated that the obligation of the company was to provide the Livro de Reclamações at the point of sale which in this case was my home.
> 
> I have given the company one last chance to right their wrongs before pursuing the complaints procedure but meanwhile would welcome any advice or comments from forum members.


Not hijacking at all ;-)

Let's get all the legal info that we can.

Michael


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## canoeman

Surprised really not used Vueling recently but used a few times in the past and found them really excellent


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## redbourn

canoeman said:


> Surprised really not used Vueling recently but used a few times in the past and found them really excellent



Maybe they went downhill?

https://www.facebook.com/vueeeeeeling

Turkish Airlines was slightly cheaper but had loads of leg-room, big leather seats, a really good meal with lots of choices and very polite service.

The only reason that I didn't originally book with them was because I was flying in and out of Tel Aviv and was a little concerned about the politics.

I later found out that Turkish Airlines flies into Tel Aviv at least 7 times a day!


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## JohnBoy

That Facebook link offers a .pdf of the complaint form that might help.

AIR PASSENGER RIGHTS EU COMPLAINT FORM


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## redbourn

OK, and here is the result.

I think that threatening to use the Complaint's Book forced the issue but of course I can't be sure.

After a month long fight with Vueling airlines I finally received this today:

_Thank you for contacting Vueling. In response to your e-mail we would like to indicate that in order to proceed with the payment of 403.77€ (Turkish AL 263.78€ + VY missed flight 139.99€) we need you t provide us the following bank information depending on your situation;_

They actually paid me more than I asked for!


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## siobhanwf

nice one


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## JohnBoy

Power to the people! Good result. :dance:


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## redbourn

JohnBoy said:


> Power to the people! Good result. :dance:


I hoped they'd pay for the Turkish Airline flight but didn't even consider them giving me a refund on my ticket as well.

Michael


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## baldilocks

All this, the system of the complaints book and the result is one heck of a lot better than you would get in the UK.

On the Vueling question - like Paddy's planes, frequently the staff you find at remote airports (rather than major hubs) are part of the crew of the aircraft that is on the ground. Our experience of V has, in general, been good.


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## marjolijnc

I had a claim with TAP about a flight they cancelled. It was booked at E Bookers on line and was a connected flight from Australia with Emirates. 
I claimed at all 3 parties but after a year still nothing. 
Then I got the advice to tell my story on the Facebook and Twitter pages of all 3 parties concerned. 
A wonder happened. All responded quick andere between them igot my refund and a € 100 foucher to use if I would book with E Bookers again. 
Forget Portuguese courts. They don't work. 
There is also an European ombudsman you can try. They helped before in another claim. 
But Facebook is the best. Success!


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## canoeman

It's not that Portuguese Courts don't work it's that they don't have a small claims procedure like some other countries but do have some other avenues of redress like the Complaints Book


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## marjolijnc

True but your dealing with Spain. Portuguese complaints book is perfect. The Portuguese are very afraid of complaints and often just asking for the book solves all your problems


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## canoeman

As Vueling operate out of Portugal then they must comply with Portuguese Law and have a Complaints Book applies to *any* business or service in Portugal also airlines do have a procedure imposed on them although getting a response can sometimes be difficult which is where Social Media gives the consumer another avenue


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## baldilocks

marjolijnc said:


> True but your dealing with Spain. Portuguese complaints book is perfect. The Portuguese are very afraid of complaints and often just asking for the book solves all your problems


Spain has the complaints book procedure as well


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## JohnBoy

I recently had a problem with a multinational company with representation in Portugal. This company only makes sales through home demonstrations and as I was not satisfied with the behaviour of the demonstrator I asked for the complaints book. Then the fun started.

The company stated that the only complaints books that they have were kept in their offices and that I had to attend there to make my complaint. That would have meant a considerable expense in time and money as my nearest is a round trip of 120 kms. A solicitor advised that the book must be made available at the point of sale, i.e. my home but that was thrown back by the company. So I gave them 14 days to dea!l with my complaint or I would be writing to AESA, the government department responsible for monitoring the complaints books.

Result! My complaint totally satisfied within 10 days.

Next job is Thomson Holidays in the UK but that will be a whole new ball game. They are already playing hard ball and this is going to court. Just wish we had a similar system in the UK to the complaints book over here.


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