Taking The Airlines To Court

Vauban wrote: »

I am bumping this back up.

But this is also an opportunity to express slight frustration with the slowness of process.

Having initiated MCOL, I submitted my allocation questionnaire at the end of March. I ticked the box for mediation, as one is generally advised to do. But I have heard nothing since. I range the Court last week, who confirmed that both sides' questionnaires had been received and that the papers had been transfered to the mediation service in mid-April. But they had no contact details of the service concerned, and couldn't advise my how long it would be before the people got it touch. A bit frustrating, to be honest.

Anyhow, I've been working on my "particulars of claim" witness statement in the meantime, so it's not been time wasted I suppose.

Vauban, did you submit any reply to defence along with your allocation questionnaire?

Has anyone experience of the Scottish Small Claims process? I have attended a Preliminary Hearing this morning (10 mins, nothing very specific) and Loganair (Flybe Franchise Partner) had a local solicitor attending. I now have 2 further dates: the first to provide evidence, the second a full or evidential hearing. Apparently the defence has 4 witnesses. I am representing myself. Do I get to see the Witness statements before? Cross examine in court?........

Anybody help?:(

Here is some information which I found out the hard way, I think this is an appropriate thread for posting this:

If you get no response from the airline after the date set by MCOL and still no response from them after you are issued a default judgement then your next step is to pay for a warrant of execution.

Now if you do this on MCOL then your warrant is passed on to the local County Court bailiffs who, in general, seem to be useless. I was informed that they could not do anything as they were not allowed into the airline's building by security.

The option that I should've gone with, is a High Court Enforcement Officer, which I only found out after further research. Their fee is about £60 compared to the £100 for the county court bailiffs and they are paid on results, rather than the salaried county court bailiffs. This option is not on MCOL and requires some form filling but is almost definitely a better option.

http://thesheriffsoffice.com/

I hope this helps someone. I could've definitely used this information, I am currently debating whether to pay the extra £60 for the high court enforcement officers on top of the £160 that I have already spent on my claim.

Hi everyone,

I am preparing court papers for United Airlines. Any tips would be appreciated. Here is what I have written so far.

I am claiming compensation for the following flight delay. Flight Number UA3242 on 23/06/2010 from Edinburgh to Newark New Jersey with the scheduled departure time of 09.25am. This flight was 2 hours and 33 minutes late in departing. This caused us to miss our connecting flight Number UA 7460 to Chicago O’Hara and also our connecting flight Number UA 6918 to Lansing City. We should have arrived in Lansing at 21.38pm on the 23/06/2010 because of the delay we did not land in Lansing until 24/06/2010 causing a 16 hour delay in us reaching our destination.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case also (Folkerts v Air France) that confirmed that Article 7 of Regulation (EC) No 261/2004. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

Despite writing and emailing United Airlines on several occasions they have declined my claim for compensation.

The passengers in the party were Mrs XXXXX,
Mr XXXXXX,
Master XXXXX and Mrs XXXXXX.

Hi All

I have now reached the deadline for the Thomas Cook to reply to my MCOL claim and have logged in today to notice that the following updates are there:

Your claim was issued on 07/05/2013
Thomas Cook Retail Ltd issued an acknowledgment of service on 24/05/2013
Thomas Cook Retail Ltd notified the court of a change of address on 24/05/2013

However, there is nothing further...

Any suggestions?