Taking The Airlines To Court

Vauban

If they've lost in court you could always offer the transcript of the judgement - though no precedent is set, and the judge is likely to want to focus on your case rather than anyone else's. If Virgin settled before judgement, then this is irrelevant (in my view): you've no idea why they chose to do so and I doubt it would cut much ice with a judge. Sorry.

David_e

Vauban wrote: »

If they've lost in court you could always offer the transcript of the judgement - though no precedent is set, and the judge is likely to want to focus on your case rather than anyone else's. If Virgin settled before judgement, then this is irrelevant (in my view): you've no idea why they chose to do so and I doubt it would cut much ice with a judge. Sorry.

Thanks. I did think it was a bit "Perry Mason" meets "Crown Court" meets "Rumpole of the Bailey" (for those old enough to remember those TV programmes).

steve1500

Receive TC's defence via Travlaw which just stated that the reason for the delay was EC, with no explanation of what the EC was.

They have also said said that I can only claim 400 euros and not 1200 for wife & daughter, also can't claim interest, didn't think I'd even asked for it!!

That is just being childish because if I win it naturally follows that my Wife & daughter win.

Now received the Allocation Questionairre & sent that back.

Can someone give me a clue as to when I actually find out what the EC was

Thanks

David_e

steve1500 wrote: »

Receive TC's defence via Travlaw which just stated that the reason for the delay was EC, with no explanation of what the EC was.

Hardly acting in good faith, is it? I suspect that you will have to wait for the hearing. A lawyer friend lent me a book "A Practical Guide to Civil Litigation". It says:

"Unlike the other tracks, there is no provision for formal disclosure and inspection on the small claims track. The standard direction will be for the filing and exchange of documents, by a certain date ... before the hearing ...."

I would have thought that that would have to include some explanation by the airline as to what EC they are relying on. Not sure there is any more you can do before then to find out more details (assuming it's not been disclosed elsewhere by someone on the same flight).

steve1500 wrote: »

They have also said said that I can only claim 400 euros and not 1200 for wife & daughter ...

That is just being childish because if I win it naturally follows that my Wife & daughter win.

I know what you mean but were they actually named as claimants or were you acting as lead passenger?

steve1500 wrote: »

also can't claim interest, didn't think I'd even asked for it

I presume you could have but, if you haven't claimed, I'm not sure whether you would receive any now even if you ultimately win in court.

Anyway, good luck with your case.

steve1500

David_e wrote: »

Hardly acting in good faith, is it? I suspect that you will have to wait for the hearing. A lawyer friend lent me a book "A Practical Guide to Civil Litigation". It says:

"Unlike the other tracks, there is no provision for formal disclosure and inspection on the small claims track. The standard direction will be for the filing and exchange of documents, by a certain date ... before the hearing ...."

I would have thought that that would have to include some explanation by the airline as to what EC they are relying on. Not sure there is any more you can do before then to find out more details (assuming it's not been disclosed elsewhere by someone on the same flight).



I know what you mean but were they actually named as claimants or were you acting as lead passenger?



I presume you could have but, if you haven't claimed, I'm not sure whether you would receive any now even if you ultimately win in court.

Anyway, good luck with your case.

I named them both on the claim form

David_e

steve1500 wrote: »

I named them both on the claim form

I was going to reference this link but it appears to be a response to your earlier posting:

http://forums.moneysavingexpert.com/showpost.php?p=63214886&postcount=7180

The "flythomascook" website includes in the terms and conditions:

http://book.flythomascook.com/booking-conditions/

"you" and "your" means all persons (or any of them as applicable) named on the booking (including the lead passenger (as defined below in 'Making A Booking') ...).

The first named passenger is the 'lead passenger'. He or she also agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by confirming the booking, confirms that all the other members of the party, including any that are added or substituted at a later date, agree to be bound by these terms and conditions and all other information on our website.

Travel Agent Bookings: If the person who makes the booking is a travel agent, acting as agent for their customer(s), the 'lead passenger' will be the first customer named as travelling on the booking.


It may be that this does give you the right to act on behalf of your wife and child but it's probably just as well to follow what Vauban and VOB72 suggest in the first link above.

VOB72

steve1500 wrote: »

Receive TC's defence via Travlaw which just stated that the reason for the delay was EC, with no explanation of what the EC was.

They have also said said that I can only claim 400 euros and not 1200 for wife & daughter, also can't claim interest, didn't think I'd even asked for it!!

That is just being childish because if I win it naturally follows that my Wife & daughter win.

Now received the Allocation Questionairre & sent that back.

Can someone give me a clue as to when I actually find out what the EC was

Thanks

They stated what the EC was in the defence they sent me. . .

VOB72

David_e wrote: »

I was going to reference this link but it appears to be a response to your earlier posting:

http://forums.moneysavingexpert.com/showpost.php?p=63214886&postcount=7180

The "flythomascook" website includes in the terms and conditions:

http://book.flythomascook.com/booking-conditions/

"you" and "your" means all persons (or any of them as applicable) named on the booking (including the lead passenger (as defined below in 'Making A Booking') ...).

The first named passenger is the 'lead passenger'. He or she also agrees to provide accurate and full information to the remainder of the party in relation to the booking, and by confirming the booking, confirms that all the other members of the party, including any that are added or substituted at a later date, agree to be bound by these terms and conditions and all other information on our website.

Travel Agent Bookings: If the person who makes the booking is a travel agent, acting as agent for their customer(s), the 'lead passenger' will be the first customer named as travelling on the booking.


It may be that this does give you the right to act on behalf of your wife and child but it's probably just as well to follow what Vauban and VOB72 suggest in the first link above.

Well, I've heard back from the court and a SECOND District Judge has now ordered that 'an application is necessary to join other parties' and I have to complete form N244 and send them another £80. So annoying. It seems different judges see things differently and another judge may have just accepted my original claim. I think TC mention this in their defence because they know there is ambiguity and that it will possibly deter claimants - well not this one! Application and cheque already in post (despite being annoyed at the nuisance of it all)!

markavo1

VOB72 wrote: »

Well, I've heard back from the court and a SECOND District Judge has now ordered that 'an application is necessary to join other parties' and I have to complete form N244 and send them another £80. So annoying. It seems different judges see things differently and another judge may have just accepted my original claim. I think TC mention this in their defence because they know there is ambiguity and that it will possibly deter claimants - well not this one! Application and cheque already in post (despite being annoyed at the nuisance of it all)!

I had to add my wife as a party after I had started my claim. I phoned Thomson to see if they would consent to this, which they did, and it cost me £45 as it was an application on consent. I would give them a ring to see what they say, they are unlikely to object because that may mean they have to attend a seperate hearing for a decision on whether to allow the party to be added. Clearly this would be more cost for them.

There are mixed reviews on this forum as to whether it is necessary or not, but I would recommend you do. In my case, one of the first issues Thomsons barrister tried to bring up was that my wife was not entitled to compensation because she was not party to the claim. He hadn't seen the order in the court bundle adding my wife as party. A quick flash of the order to the judge silenced the barrister on the issue

VOB72

markavo1 wrote: »

I had to add my wife as a party after I had started my claim. I phoned Thomson to see if they would consent to this, which they did, and it cost me £45 as it was an application on consent. I would give them a ring to see what they say, they are unlikely to object because that may mean they have to attend a seperate hearing for a decision on whether to allow the party to be added. Clearly this would be more cost for them.

There are mixed reviews on this forum as to whether it is necessary or not, but I would recommend you do. In my case, one of the first issues Thomsons barrister tried to bring up was that my wife was not entitled to compensation because she was not party to the claim. He hadn't seen the order in the court bundle adding my wife as party. A quick flash of the order to the judge silenced the barrister on the issue

Thanks Markavo. Coincidentally, I've had the notice of a hearing today for 6 weeks time. Seems an absolute waste of time to have a hearing just to add names to an application. The Court staff didn't mention a hearing when I rang them, they just said to fill in form N244 and send £80. Now I have to take an afternoon off work, pay for childcare and fuel for the 60 mile round trip. Not a happy bunny.

I don't think TC will add by consent as they have already put this argument in their defence.