Taking The Airlines To Court

Davidvgoliath

LisaLou1982 wrote: »

Hi All

I have now reached the deadline for the Thomas Cook to reply to my MCOL claim and have logged in today to notice that the following updates are there:

Your claim was issued on 07/05/2013
Thomas Cook Retail Ltd issued an acknowledgment of service on 24/05/2013
Thomas Cook Retail Ltd notified the court of a change of address on 24/05/2013

However, there is nothing further...

Any suggestions?

Standard response for Thomas Cook. Your 'notice of issue' from the courts explains they have 15 days to pay, file a defence, or acknowledge service. Once they have acknowledged service they have 28 days from the date of issue (of your claim) to file a defence.

You will likely get a long winded defence just before the 28 days are up, if your flight was delayed due to a technical fault then they will almost certainly claim 'extraordinary circumstances'. With luck, they might agree your claim is valid, but don't count on it.

Mark2spark

LisaLou1982 wrote: »

Hi All

I have now reached the deadline for the Thomas Cook to reply to my MCOL claim and have logged in today to notice that the following updates are there:

Your claim was issued on 07/05/2013
Thomas Cook Retail Ltd issued an acknowledgement of service on 24/05/2013
Thomas Cook Retail Ltd notified the court of a change of address on 24/05/2013

However, there is nothing further...

Any suggestions?

Basically it means that they have 28 days to file their response - expect that to be a defence - from that date.
So that's the 21 June. But expect the courts to allow up to 25 June.

markavo1

Mark2spark wrote: »

Basically it means that they have 28 days to file their response - expect that to be a defence - from that date.
So that's the 21 June. But expect the courts to allow up to 25 June.

the acknowledgement of service only extends the period to provide a defence by 14 days, given 28 days from day of service in total. So, it will be 28 days from the date your claim was deemed to be served (usually 5 days after the issue of the claim)

Den_ram

HELP!! I have posted my NBA letter today and the next step will be court.
I have just read the link on the first post and now i'm confused!!!
I am in Scotland and the link states that small claims are up to the value of and including £3000.
My claim is for €6600 which exceeds £3000.
I thought my next step was to fill in the money claim on line form but now I don't know if that is even valid in Scotland??
Any advice would be very much appreciated!
Thank You

Den_ram

Centipede100 wrote: »

Separate claims required by all passengers in your case.

There were 11 passengers who travelled in this party, are you saying we all have to make a seperate claim for €600?

I have also read that i can fill in an MCOL from anywhere in the UK but only against someone with an address in england or wales
Is this correct? Do I still use MCOL even though Im in scotland?
Sorry for the questions, I just want to make sure I have all the correct info
Thanks, Denise

lyndac40

Den_ram wrote: »

HELP!! I have posted my NBA letter today and the next step will be court.
I have just read the link on the first post and now i'm confused!!!
I am in Scotland and the link states that small claims are up to the value of and including £3000.
My claim is for €6600 which exceeds £3000.
I thought my next step was to fill in the money claim on line form but now I don't know if that is even valid in Scotland??
Any advice would be very much appreciated!
Thank You

Hi Denise

Its is quite easy to do pm me and I will talk you through it. I took mines to my local Sheriff court in Scotland yesterday.

Lynda x

Den_ram

lyndac40 wrote: »

Hi Denise

Its is quite easy to do pm me and I will talk you through it. I took mines to my local Sheriff court in Scotland yesterday.

Lynda x

Thanks Lynda, have sent you a PM
denise

lyndac40

Denise,

Pm'd you back x

zippy99

Following my claim via MCOL - served on the 15/05 to Virgin - they acknowledged on 21/05 stating they intend to defend all the claim.

So the 28 days is up on 17th/18th June.

So far I have only received a claim of extraordinary circumstances with no defence to support it other than a technical fault.

I am not sure how relevant this is but EVERY other reply I have read on here Virgin have given a reason such as a cracked windscreen, a fault with the rear blah blah or a faulty upright shaft etc... my letter just said a technical fault that could not be avoided.

As far as I am concerned Virgin simply cannot claim EC and then offer absolutely no detail on what the problem was or why it was so extraordinary - I asked for clarification on my NBA and this was not given...

Anyone else come across no detail being given and just labelling the cause as a 'technical fault'?

Thanks

dxc_chappie

I have now received the airline's defence, and the "Notice of Proposed Allocation to the Small Claims Track" and "Directions Questionnaire" forms from the court.

Is a reply to the defence required to be sent with the directions questionnaire?

The information in www(dot)justice(dot)gov(dot)uk relating to replies to a defence is unclear to me:
In Part 15.8 "Reply to a defence" of the Courts/Civil/Rules & Practice Direction it states _if_ a claimant files a reply he must do so with the allocation questionnaire, and Part 15.9 states "A party may not file or serve any statement of case after a reply without the permission of the court."

But Part 16.7 "Reply to a defence" also gives information in the context of a statement of case.

So is a reply to the defence required when submitting the allocation questionnaire (in which case nothing further can be submitted without the court's permission)?

Or can this be left until 2 weeks before the hearing and submitted as a "statement of case" (or "witness statement"?) along with suporting evidence? And if the latter, is that a reasonable amount of time for asking the Defendant for further information e.g. "... strict proof of ..." <technical failure/extraordinary circumstances/intolerable sacrifices/etc>?