Flight delay and cancellation compensation, Ryanair ONLY

NoviceAngel

Vauban wrote: »

I would be tempted to reply that, in light of their letter, you would like your full entitlement, court costs, interest at 8% and flowers for Mrs. Dartilov.

Yes, you have a thing about flowers for our other halves, I bet Mrs Vauban gets ooodles of them every time your delayed. I wasn't as brave with J2 but did take the Mrs out to celebrate with some Champagne and a curry!!!!

Dr_Watson

dartilov,
Like Novice and Vauban state above, that's real bully boy tactics from a bully boy airline.
It of course up to you what you decide, if you continue this on it will take longer to receive what is fully due, I'm of course with the two gentlemen above and would ram it back down their necks.
I'm sure a district judge would be appalled to hear how this airline attempts to tread on a standard consumer claim and litigant, in this way.
Happy to help if you want some wording putting together, but again the choice is yours.
Good luck and keep going.

NoviceAngel

Vauban wrote: »

[you need to google the reference, as it won't seem to let me link to it].

http://www.nasw.org/users/nbauman/arkell.htm

Try this one :cool:

Mark2spark

dartilov, i'd also be minded to go to court just because of the way the letter is worded.
Full compo, plus court fee, NOW, might be just as simple though. Don''t look at it as a cave in though if you succeed with that ask. Just a matter of drawing a line and moving your life on

NoviceAngel

Mark2spark wrote: »

dartilov, i'd also be minded to go to court just because of the way the letter is worded.
Full compo, plus court fee, NOW, might be just as simple though. Don''t look at it as a cave in though if you succeed with that ask. Just a matter of drawing a line and moving your life on

Hmmmm, it does come as a huge anti-climax when you settle out of Court, I wanted to have my Court experience almost for the shear hell of it, but common sense has to kick in at some point...I almost feel as though I've not achieved success although I know I did. Ohh well there's always the next delay with J2 and of course our friends Ryanair to look forward to.....

dartilov

Yes, very funny regards Pressdram v Arkell.

Have responded to the letter, rejecting the offer and seeking full compensation and an expectation of taking it to court.

Have spoken with the court, in the meantime, after asking for judgement in my favour and they tell me it is "awaiting a judge decision".

See what happens.

NoviceAngel

dartilov wrote: »

Yes, very funny regards Pressdram v Arkell.

Have responded to the letter, rejecting the offer and seeking full compensation and an expectation of taking it to court.

Have spoken with the court, in the meantime, after asking for judgement in my favour and they tell me it is "awaiting a judge decision".

See what happens.

The very best of Luck and do let us know....

legal_magpie

The letter complained of is what is described as a "Calderbank" offer. It's quite commonly used in litigation where the parties can't or don't want to use Part 36 (e.g. small claims cases). There's nothing improper in the offer letter. They are simply saying "we've made you an offer. If you don't take it and you don't beat it the entire case will have been a waste of time and money so you should pay".


So it's now a case of who has got the bottle. If you are confident that you will beat the offer, then press on. If you have doubts then you should take it (I don't know how much your total claim is but the nearer the offer gets to the claim, the more seriously you should consider accepting it.


Oh and by the way, the Court DOES have power to award costs against you if the Judge felt that you had acted unreasonably in rejecting the offer. See CPR Rule 27.14(2)(g)
JJ

NoviceAngel

legal_magpie wrote: »

The letter complained of is what is described as a "Calderbank" offer. It's quite commonly used in litigation where the parties can't or don't want to use Part 36 (e.g. small claims cases). There's nothing improper in the offer letter. They are simply saying "we've made you an offer. If you don't take it and you don't beat it the entire case will have been a waste of time and money so you should pay".

Yes, but us uneducated Lay people are not accustomed to such arrogance and rudeness by the 'other side'.

legal_magpie wrote: »

So it's now a case of who has got the bottle. If you are confident that you will beat the offer, then press on. If you have doubts then you should take it (I don't know how much your total claim is but the nearer the offer gets to the claim, the more seriously you should consider accepting it.

The claim was for €800 that's why I said take it and push for the Court fee,

legal_magpie wrote: »

Oh and by the way, the Court DOES have power to award costs against you if the Judge felt that you had acted unreasonably in rejecting the offer. See CPR Rule 27.14(2)(g)
JJ

IMHO I don't think the offer on the table without the Court fee is a fair one, and I don't think any Judge would see that to reject such an offer would be unreasonable, but I wouldn't go as far as Vauban and ask for interest at 8%, I'm not that feisty

It will be very interesting to see how this one pans out....

Dr_Watson

legal_magpie wrote: »

Oh and by the way, the Court DOES have power to award costs against you if the Judge felt that you had acted unreasonably in rejecting the offer. See CPR Rule 27.14(2)(g)
JJ

legal magpie hits at a fair point of law, and one that is of course part of the small claims process which ESCP is but, IMO:-
If dartilov hadn't have started his claim using this process and by paying the court fee applicable, he wouldn't be at this point now, RA clearly ignored his LBA/NBA and thought he would go away fully knowing, as they have now acquiesced that he was right.
I'd fully expect the return of the fee that it has took to get me to this point. It would be a bloody hard judge that would deem this action unreasonable.
It's a few quid to dartilov, it's absolutely nothing to RA.
Good luck and keep going.