Taking The Airlines To Court

batman44

Just had this in from MCOL via email, wanted to include wife and stepson on my claim.

[FONT=&quot]You cannot use the online service Money Claim Online (MCOL), to issue a claim that has more than 1 claimant. Please contact County Court Money Claims Centre (CCMCC) for advice on issuing a manual, paper based claim using the contact details shown below[/FONT]

111KAB

batman44 wrote: »

[FONT=&quot]You cannot use the online service Money Claim Online (MCOL), to issue a claim that has more than 1 claimant. [/FONT]

Transcript of my case (thanks to Harry Cole) which I submitted via MCOL. My Court/Judge indicated it would be foolhardy to submit two separate claims as this would be a waste of court time and fully understood why I had gone via MCOL as this reduced the cost to the claimant(s) (should we lose) or the defendant should they lose (which they did!).

http://www.scribd.com/doc/173815478/Brittain-v-Monarch-Airlines-Ltd-04-06-13-Jud

David_e

batman44 wrote: »

Just had this in from MCOL via email, wanted to include wife and stepson on my claim.

How old is the stepson? I understood that a form N235 had to accompany any claim by a minor (not sure if that is 18 or 16). I suspect that you can't complete an N235 online but someone may know otherwise.

batman44

111KAB wrote: »

Transcript of my case (thanks to Harry Cole) which I submitted via MCOL. My Court/Judge indicated it would be foolhardy to submit two separate claims as this would be a waste of court time and fully understood why I had gone via MCOL as this reduced the cost to the claimant(s) (should we lose) or the defendant should they lose (which they did!).

http://www.scribd.com/doc/173815478/Brittain-v-Monarch-Airlines-Ltd-04-06-13-Jud

Nice one, how did you word it on MCOL?

batman44

David_e wrote: »

How old is the stepson? I understood that a form N235 had to accompany any claim by a minor (not sure if that is 18 or 16). I suspect that you can't complete an N235 online but someone may know otherwise.

He was 14 at the time 16 now. I am trying to claim as the lead passenger as i made controlled and took care of all of the booking, i am just wondering why I have to bring seperate claims? seems stupid to me, I suspect many claimants on here did not travel on their own and submitted via MCOL.

111KAB

batman44 wrote: »

Nice one, how did you word it on MCOL?

Claimant was .... Mr & Mrs xxxx + our home address

Particulars of Claim .... Claim under article 7 of 261/2004 + confirmation delay was 3 hours +

David_e

batman44 wrote: »

He was 14 at the time 16 now. I am trying to claim as the lead passenger as i made controlled and took care of all of the booking, i am just wondering why I have to bring seperate claims? seems stupid to me, I suspect many claimants on here did not travel on their own and submitted via MCOL.

It's definitely age at the time of claim that matters. As I say, I am not sure if the cut-off is 16 or 18 for needing an N235.

It's not that you need separate claims, it's just that you are all named claimants on a single claim. So only one set of fees! The issue seems to be the number of claimants' details you can fit on the online claim form. (As I said, N235 may also be an issue preventing a claim online.)

Doing the claim not online isn't difficult, it's obviously slightly less convenient as you have to print and post forms and it's a bit more expensive - but you'll recover your costs when you win!

It's not clear that "lead passenger" status has legal standing when making a claim. This isn't a contractual dispute as such where that might be a factor; it's individuals each their own claiming statutory compnsation. Search "locus standi" or "locus standii" and you'll see the point discussed.

imnothere

Just to clarify

Is everyone only claiming for the amount they are legally entitled to e.g. €600 and not any additional compensation?

111KAB

imnothere wrote: »

Is everyone only claiming for the amount they are legally entitled to e.g. €600 and not any additional compensation?

Depends if you are talking about claiming from the airline or submitting a court claim. Also depends upon whether you were provided with all matters relevant under Article 9 (right to care).

andyfer

I am in the small claims court again on 15/11 following the first hearing where TC's lawyers were given a 3 week extension to prepare their defence. Feeling a bit more confident with the Platts judgement to fall back on.
Still have the issue where the sheriff doubted my wife's ability to claim for the other 3 people on the flight.
We are going to argue that we will submit another case for the other 3 if successful and this would waste court time and create more expense for all parties.
I know from direct contact with someone in a similar position that their Sheriff dismissed TC's argument and allowed a multiple claim but it would be good to know the legal argument for this.
He mentioned Mcphails, which is some sort of legal guide for the Judiciary.
Any help asap would be appreciated.