Taking The Airlines To Court

111KAB

Vauban wrote: »

It is Notice Before Action. But if you are serious about taking the airline to court, you might want to do a bit more reading first.

Try Page one on the thread appropriate to your airline .... https://forums.moneysavingexpert.com/discussion/4384699

carina62

I am now at the stage whereby i will have no choice but to take Thomson to court as although the CAA have been involved, they seem to be taking a very long time with responses etc and i have to get this sorted before Sept this year as my claim dates back to Sept 2008. So do i just write a letter to Thomson about court action? thanks

111KAB

carina62 wrote: »

So do i just write a letter to Thomson about court action? thanks

You can but this is not the procedure suggested - firstly you should read Thomson thread (this will answer your questions) then post on that thread if you have any more questions - I have already provided the link.

stevemej123

Having originally complained to Jet2 more than a year ago then involved the CAA (what a complete waste of time - SHAME ON YOU CAA friend of the airlines). We finally received a letter from Jet2 confirming their original decision we will now go to court.
I have read all 13 pages of this posting about taking airlines to court but am a bit confused about the significance of claiming for a party of 6 friends (not family). The trouble is that the claim from the start was for the whole party as we were the ones who arranged the trip and made the booking.

If you cant use mcol for a group the could somebody please point me towards the posting covering this issue.

regards

JPears

Paper form N1 and post or hand in to your local court. Allows multiple claimants I believe.

Vauban

JPears wrote: »

Paper form N1 and post or hand in to your local court. Allows multiple claimants I believe.

The first link on the first post on the first page of this thread takes you to the N1 form.

socrates1882

Just a bit of advice from pleadings that I have seen. On occasion we are approached by people who have commenced proceedings themselves who then want us to take over at defence stage.

Make sure you plead your case properly - correctly identify the defendant and give them their proper title. The amount of times we see things like TUI UK or Thomas Cook is baffling - if you don't correctly identify the defendant, even if you are succesful then your judgment is likely unenforceable.

It really is worth taking the time to get stuff like this right.

legal_magpie

The point about identity of Defendant is true but rarely fatal as most of the airlines will point out that the Defendant should be (e.g. Thomson Airways and not Thomson holidays) The Judge will invariably either substitute the correct Defendant without reservice or even substitute at the hearing. The point is that there is no prejudice to the Defendant.

Poundzhound

socrates1882 wrote: »

It really is worth taking the time to get stuff like this right.

Yes it is.;)

Limana68

HI guys

Originally posted this in the KLM thread but thought I would also post in here!
Well I have had a defence from KLM solicitors
Heres a piece of their 4 page letter

" The flight was delayed because of technical problems with the airport suppliers fuelling system and the air traffic control issues which amounted to extraordinary circumstances."
As a result of the delay caused by the fuel supplier ( 9 minutes) air traffic control in Kuala Lumpur(3 minutes) and air traffic control in Amsterdam(13 minutes) flight KLM812 arrived 25 minutes late into Amsterdam at 1600.The late arrival caused the claimant to miss the connecting flight.
En route to Amsterdam airport head winds and air traffic control corridors congestion and resulted in an additional delay of 13 minutes before the sircraft was allowed to land.
An operating air carrier shall not be obliged to pay compensation in accordance with article 7 if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. ""

I have now at a loss as to what to do. Any initial thoughts before I trawl through all the regulations etc.Have I got any hope of winning this case or not

What is interesting though is when I first got a reply back from them they stated it was a technical issue with the aircraft............ now they seem to be back tracking saying it was lack of fuel supplier etc etc!!

""Thank you again for your message received in our offices on 9 April 2013 in relation to the incident occurred with flight KL812 on 3 January 2013 from Kuala Lumpur to Amsterdam and please, accept our apologies for our late reply.
As we mentioned in our previous reply, the above flight was delayed due to an unexpected technical fault on the aircraft. We did all we could to offer you the best possible care and assistance.
Having reviewed your file and again taken into consideration all the relevant information about this particular flight, we can confirm that the cause of the delay is considered as ''extraordinary" according to the European Union Regulation. Therefore, we regret to inform you that you are not entitled to the compensation established the EU261/2004 Regulation. ""

Will the judge take kindly to this???