Taking The Airlines To Court

Vauban

David_e wrote: »

Does it matter if you seek interest in your claim or not? Is it more or less likely that you will recover interest if you originally claim?

If you don't claim it, you won't be awarded it!

David_e

Vauban wrote: »

If you don't claim it, you won't be awarded it!

Thanks. I'd thought so. Imust have misinterpreted what 111KAB said.

Vauban

David_e wrote: »

Thanks. I'd thought so. Imust have misinterpreted what 111KAB said.

I think 111KAB's point is that, if you claim interest and the judge awards it, he will amend the amount owed for you - depending upon the actual date of the hearing.

111KAB

Vauban wrote: »

I think 111KAB's point is that, if you claim interest and the judge awards it, he will amend the amount owed for you - depending upon the actual date of the hearing.

Exactly plus in my case he awarded me 5% not 8% saying the latter figure was historical - I actually feel he found it easier to work out 5% (ie half of 10) rather than the 8% :rotfl:

David_e

111KAB wrote: »

Exactly plus in my case he awarded me 5% not 8% saying the latter figure was historical - I actually feel he found it easier to work out 5% (ie half of 10) rather than the 8%

8% seems to be the current "statutory rate" but I've not seen anything definitive about when the "statutory rate" is applicable.

County Courts Act 1984 Section 69(1) says "... interest, at such rate as the court thinks fit or as may be prescribed ...". Your experience suggests that there is no prescribed rate for these types of claim - but then I think others have reported recovering 8%?!

blondmark

David_e wrote: »

8% seems to be the current "statutory rate" but I've not seen anything definitive about when the "statutory rate" is applicable.

County Courts Act 1984 Section 69(1) says "... interest, at such rate as the court thinks fit or as may be prescribed ...". Your experience suggests that there is no prescribed rate for these types of claim - but then I think others have reported recovering 8%?!

Judges have absolute discretion how much interest, if any, to award. The default rate is 8% but where a judge considers that you may not deserve it for any reason, that rate can be reduced or interest may be refused altogether.

David_e

blondmark wrote: »

Judges have absolute discretion how much interest, if any, to award. The default rate is 8% but where a judge considers that you may not deserve it for any reason, that rate can be reduced or interest may be refused altogether.

Rather bizarre as you only get interest if you win your claim!

tilla_tech_2

Hi all

First time post. I just sent a NBA letter to Monarch for flight ZB813 Bodrum to Luton 04/06/13 using the template on stick FAQ. Good work by the regular contributors.

Having read a lot of the threads I was wondering if anyone had to resort to using high court sherrif to enforce a ccj against an airline after getting it transferred from county court. What would be amusing if one of these sherrifs grounded an aircraft for non payment and then the airline claiming ec for that aircraft for other pax!

111KAB

David_e wrote: »

Your experience suggests that there is no prescribed rate for these types of claim - but then I think others have reported recovering 8%?!

You should note in my case however (due to the Judge's 'annoyance' with the airline) that in addition to the interest he awarded me travelling expenses and car parking charges for two court visits (decent amount) and recompense for having to take time of work (up to the maximum allowed I understand) so I did not argue with the 8% to 5% reduction

shambellio

Hi can I ask for help please? I really want to take Thomson to court after an 8 hour flight delay in January this year from Mexico. The CAA has advised they have requested Thomson look at my case again and that new guidance will be available on the EC website they wrote "The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work will be published on the European Commission website shortly" and that's all they could do! I live in Scotland and want to take this company to court, just not sure whether I have to proceed in Scotland, in my town or the company headquarters' town? any advice would be greatly appreciated thank you