Flight delay and cancellation compensation, Jet2.com ONLY

howticklediam

NoviceAngel wrote: »

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!!!!

I have claimed about £50 for out of pocket expenses, that's all.

So unless it's interest I'm baffled - but that ain't a cost is it?

Anyway, I've asked them for clarification.

NoviceAngel

£50 m8, no they don't want to pay that, quite bizarre, but then again my dad said to me the other day, why are you genuinely surprised when your customers say 'how much??'

I guess its inherent in the operation of an airlines duty.

EDIT - AFAIK., Interest is not a cost and awarded at the discretion of the DJ

howticklediam

NoviceAngel wrote: »

£50 m8, no they don't want to pay that, quite bizarre, but then again my dad said to me the other day, why are you genuinely surprised when your customers say 'how much??'

I guess its inherent in the operation of an airlines duty.

EDIT - AFAIK., Interest is not a cost and awarded at the discretion of the DJ

It's an entitlement under the County Court Act. They can try to argue the rate, but the prescribed rate is 8%. It's all in the rules. So I agree it's not a cost.

Anyway, I'll soon find out I suppose.

NoviceAngel

To play devils advocate is it a debt ?


TBH, It's a legal argument and I'm not qualified to give a legal response, you know the legal argument debt vs compensation ! Either way you have them, is Sainsburys (other supermarkets available such as Waitrose and M&S) still open for Chocolate or Champers, go get! Perhaps both !!

howticklediam

NoviceAngel wrote: »

To play devils advocate is it a debt ?


TBH, It's a legal argument and I'm not qualified to give a legal response, you know the legal argument debt vs compensation ! Either way you have them, is Sainsburys (other supermarkets available such as Waitrose and M&S) still open for Chocolate or Champers, go get! Perhaps both !!

When they refused to pay it became a debt, and I brought a claim under the CCA to retrieve that debt.

Sainsburys is open but I've been here before remember.

howticklediam

Sorry for spamming but as I've now been in a dialog with Novice (I don't mind, it's always a pleasure), this has got lost higher up the thread. I'm bumping it so some of the regulars might throw some light on it:

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

legal_magpie

Press on there mate. You have them on the run.

howticklediam

I've been reading again, oops:

On the small claims track, the Litigant in Person generally bears their own legal costs unless they can satisfy the District Judge that the loser has behaved unreasonably.

So I can possibly claim £19 per hour for my time in preparation. It used to be set out in CPR48.6 but that seems to have been superseded by something, or just removed - it’s not clear, but this: http://www.legislation.gov.uk/ukpga/1975/47/section/1 seems to be the applicable law.

If anyone has been down this route and claimed costs I’d appreciate the benefit of your experience and where the info about fixed rates can be found.

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Edit

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After further reading, I'm not sure about the "unreasonable behaviour" any more, looks like it might be statutory.

howticklediam

howticklediam wrote: »

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

I received clarification; it's the interest they want to scrap over.

Vauban

howticklediam wrote: »

I've been reading again, oops:

On the small claims track, the Litigant in Person generally bears their own legal costs unless they can satisfy the District Judge that the loser has behaved unreasonably.

So I can possibly claim £19 per hour for my time in preparation. It used to be set out in CPR48.6 but that seems to have been superseded by something, or just removed - it’s not clear, but this: http://www.legislation.gov.uk/ukpga/1975/47/section/1 seems to be the applicable law.

If anyone has been down this route and claimed costs I’d appreciate the benefit of your experience and where the info about fixed rates can be found.

---

Edit

---

After further reading, I'm not sure about the "unreasonable behaviour" any more, looks like it might be statutory.

My understanding is that the £19 per hour is what a litigant in person can claim for their work preparing the case, but you only get this on the small claims track is the other side were "unreasonable" - and that sets a very high bar indeed.

You can get though I think an extra £70 for turning up for a hearing without satisfying this test. I got £150 - quite separate from interest - for turning up to my three hearings when I won against Monarch.