Flight delay compensation, all other EU airlines

razorsedge

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Bumping for Newbies

juan75carlos

Hi
I am taking IBERIA to court in the following month and they asked me to send to the court and the defendant all the documents that I will use to defend my claim.
May case is the typical one: I Lost the connection flight because the first flight was delayed for 2+ hours (both with the same airline).

So my question is, apart from the EC Regulation 261/2004 do I need to send any other documents at all?

Also, do you know if in court I can reference existing judgments that are very similar to mine? for example:
The Judgment of the Court in Wallentin-Hermann v. Alitalia C-549/07
The Judgment in Case C-11/11 Air France SA v Heinz-Gerke Folkerts and Luz-Tereza Folkerts

Any other advice will be appreciated
Many thanks for your support.

Vauban

Yes - you need a good "skeleton argument" document, with a bundle of key docs that support your case. See the write up of my court experience, with the separate links to my argument and list of docs:

http://forums.moneysavingexpert.com/showpost.php?p=64739956&postcount=426

juan75carlos

You were very helpful. thanks for that. Your case is exactly the same as mine (except it's IBERIA).
Can I ask you what you mean by [So I started a claim via “Money Claim OnLine”(MCOL). This, it subsequently transpired, was a mistake – as strictly speaking all five of us were claimants, and we therefore should have used different forms.].

I have a family of 4 people, I submitted the claim via MCOL and we are going to court in 20 days. Can you tell me what form I should have used and if it's too late to fix the mistake?
Thanks again.

111KAB

juan75carlos wrote: »

I have a family of 4 people, I submitted the claim via MCOL and we are going to court in 20 days. Can you tell me what form I should have used and if it's too late to fix the mistake?
Thanks again.

Money Claim on Line is generally for single claimants not multiple applicants. You can get a letter of authorisation from your other family members allowing you to represent them. I suggest this is tabled as part of your skeleton submission although you may wish to advise your Court now. Some Judges are accepting you can represent 'others' on your booking, some are not. Did the fee you paid represent all members you are claiming for?

Vauban

juan75carlos wrote: »

You were very helpful. thanks for that. Your case is exactly the same as mine (except it's IBERIA).
Can I ask you what you mean by [So I started a claim via “Money Claim OnLine”(MCOL). This, it subsequently transpired, was a mistake – as strictly speaking all five of us were claimants, and we therefore should have used different forms.].

I have a family of 4 people, I submitted the claim via MCOL and we are going to court in 20 days. Can you tell me what form I should have used and if it's too late to fix the mistake?
Thanks again.

Juan,

I suspect at this late stage it is not worth drawing attention to the matter. The point is that the claimants need to be in the claimant box to make the claim, though many judges seem not too concerned. If it has got this far without the claim being struck out or Iberia objecting, I'd be inclined to roll with it. (There is a chance the judge could, if you win, insist your partner and children make a separate claim - it's happened to others).

For now, I'd just concentrate on making sure that you are across your case. Good luck!

juan75carlos

111KAB wrote: »

Money Claim on Line is generally for single claimants not multiple applicants. You can get a letter of authorisation from your other family members allowing you to represent them. I suggest this is tabled as part of your skeleton submission although you may wish to advise your Court now. Some Judges are accepting you can represent 'others' on your booking, some are not. Did the fee you paid represent all members you are claiming for?

Thanks 11KAB.
The fee I paid was £325 but it doesn't say if it's based on the number of members or the money I'm claiming

111KAB

juan75carlos wrote: »

Thanks 11KAB.
The fee I paid was £325 but it doesn't say if it's based on the number of members or the money I'm claiming

Vauban is right (as usual!) but it may be worth having a letter of authority up your sleeve just in case. The fee reflects the fact that your MCOL was for all members of your family.

juan75carlos

Vauban wrote: »

Juan,

I suspect at this late stage it is not worth drawing attention to the matter. The point is that the claimants need to be in the claimant box to make the claim, though many judges seem not too concerned. If it has got this far without the claim being struck out or Iberia objecting, I'd be inclined to roll with it. (There is a chance the judge could, if you win, insist your partner and children make a separate claim - it's happened to others).

For now, I'd just concentrate on making sure that you are across your case. Good luck!

Thanks Vauban
I hope I can win and make a separate claim for them in spite that the event happened 3 years ago. (correction: I know now that the limit is 6 years;!!)
Regards.

juan75carlos

111KAB wrote: »

Vauban is right (as usual!) but it may be worth having a letter of authority up your sleeve just in case. The fee reflects the fact that your MCOL was for all members of your family.

Thanks 111KAB- a letter of authority is a good idea.
I just received a response from the court and they said that the hearing fee is based on the amount I'm claiming (by caps).
The fee I paid via MCOL was £100