Flight delay and cancellation compensation, Jet2.com ONLY

legal_magpie

Exchange rate is at the date of judgment. It's just unfortunate that rates have gone down so much but on the other hand when you spend your well earned compensation in a bar in Spain your 6 pints of lager will cost you much less than when you had your flight

NoviceAngel

I would agree with the advice from howticklediam,

I think you have every right to ask for the payment to be in £ at the time of the delay, but Blake was at county court, persuasive but not binding if you were already in Court proceedings, then I would be minded to maintain your stance, but your not and to commence Court proceedings on the basis that the rate of exchange has changed, I think you could run the risk of the Judge just dismissing the case, especially when they are trying to settle.

I would be content to get an offer, with very little effort on your part.

Preparing a Court bundle and legal arguments, spending hours of research on it, and what's the difference in cash terms? You never said?

In my case, which was before Blake I settled and the difference was a couple of hundred, I just had to take it on the chin.

Good luck whatever you decide to do.

Cheers

NoviceAngel

howticklediam

All I can find on is this from CPR16(9):

General
9.1 Where a claim is for a sum of money expressed in a foreign currency it must expressly state:
(1) that the claim is for payment in a specified foreign currency,
(2) why it is for payment in that currency,
(3) the Sterling equivalent of the sum at the date of the claim, and
(4) the source of the exchange rate relied on to calculate the Sterling equivalent.

So I used the exchange rate on the day of filing the N1 form.

NoviceAngel

That's standard advice given by the Courts, DJ Jenkinson obviously feels differently, ohh the British Legal system, don't you just live it?

I'd say 80/20 if he went to court before any other Judge (ex HHJ Platts) then the case would be dismissed

legal_magpie

It's not just one Judge. The position is clear and we've had this many times before. You claim the sterling equivalent at the time of issue but judgment is the sterling equivalent at the time of the judgment.

See:

CPR Practice Direction 40B

Foreign currency
10 Where judgment is ordered to be entered in a foreign currency, the order should be in the following form:
It is ordered that the defendant pay the claimant (state the sum in the foreign currency) or the Sterling equivalent at the time of payment.


There is a similar provision for default judgments.
CPR Practice Direction 12

5.2 Where default judgment is given on a claim for a sum of money expressed in a foreign currency, the judgment should be for the amount of the foreign currency with the addition of ‘or the Sterling equivalent at the time of payment’

COSTLYPETROL

I have noted several references to Resolver.


I used Resolver in relation to a totally different matter.


I had to prompt them for a response and eventually gave up.


I eventually achieved success without them.


Their activities seem to be selective.


I hope this is of assistance to others.

NoviceAngel

I've never seen any of the regular contributors to the flight delay forums ever recommend taking your claim through resolver. I certainly haven't.

The advice has always been to DIY, first NBA then Court or alternatively go NWNF.

There is I feel, some bad feeling between the way some forum members feel 'mislead' over the infamous resolver thread https://forums.moneysavingexpert.com/discussion/5110360

I've never used resolver, so don't know if it's beneficial. I'm not sure of its merits, but the way it was sold to members, perhaps could have been handled better.

Cheers

NoviceAngel

howticklediam

I submitted my court bundle today and I have just received a letter saying j2 are defending "the costs element of this claim only" - ?

NoviceAngel

Costs element, what are you up to ? claiming car parking in the city centre?

Don't blame you, don't forget loss of earnings and compensation for all the hurt and distress caused..... :laugh::laugh:

Your case is laughable from the outset, isn't it strange that they are now paying out of Court for some passengers, without even a hint of Court action and others like me, JP, Tyzap and yourself they really do stick their heals in, I don't think they like you but I feel the feelings mutual.

NoviceAngel

You've done your prep, and are ready for success, go along on the day and no pressure from your MSE friends, but we're all counting on you


To be serious, if you haven't claimed costs, then perhaps it's legalease for we'll pay the claim as submitted but we won't pay any costs that may or may not be submitted. I'm guessing but legal magpie or somebody more qualified may be able to comment with more conviction. Huge Costs are not normally awarded in the County Court, so I think that means you've perhaps won your case my friend!!!!