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Taking The Airlines To Court

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    They have been given until the 29 Oct to pay. If they don't I will send the bailiffs round.


    Do not use bailiffs - use the Sheriffs.
  • clippy_girl
    clippy_girl Posts: 2,283 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    111KAB wrote: »
    Do not use bailiffs - use the Sheriffs.

    Thanks. I have not looked into this yet, a colleague mentioned the baillifs as he is currently awaiting payment for a CCJ (non-airline related).

    That will be my next challenge (assuming of course they don't apply to set aside the judgement!)
    :j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Thanks. I have not looked into this yet, a colleague mentioned the baillifs as he is currently awaiting payment for a CCJ (non-airline related).

    That will be my next challenge (assuming of course they don't apply to set aside the judgement!)


    If you manage to get the Sheriffs to repossess an easyJet plane can you please go for an A319 and I will pay your £1420 within 5 minutes (cash) and I do not expect delivery.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    That will be my next challenge (assuming of course they don't apply to set aside the judgement!)

    There can be no justified reason for a set-aside - which isn't to say they won't seek one! But I'm quite envious that you get to set the Sheriffs on them! Would you like an aeroplane?

    EDIT: I see 111KAB and I are thinking along the same lines. He knows how to fly them however - I have only ever flown gliders!
  • clippy_girl
    clippy_girl Posts: 2,283 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Unfortunately I will be keeping the aeroplane and renting it out as alternative accommodation on airbnb. You can both have a free night :rotfl:

    Seriously though I don't think they take things essential to their business!
    :j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j:j
  • 822445
    822445 Posts: 5 Forumite
    Hi, I've gone down the MCOL road with EasyJet and they are defending my claim against them (we were delayed for 7 hours in 2013 due to technical problems)

    I've now received a further General Form of Judgement or Oder from the court.

    Has anyone any experience with receiving a response similar to this? I'm not sure what they are actually saying!

    Before District Judge............

    Considered the court file. And upon the court having been informed that the Defendant is seeking permission to appeal the decision of the Court of Appeal in Jet2.com Limited v Ronald Huzar (2014) EWCA Civ 791 to the Supreme Court

    And having regard to the overriding objective, particularly CPR Part 1.1 (e), CPR Parts 1.4 (j) and 3.1(2)(f) AND the court considering it proportionate so to do;

    IT IS ORDERED THAT;

    1) The claim is stayed until further order;

    2) By no later than 14 days following the delivery of a judgement of the Supreme Court in respect of the above application for permission to appeal, or (if such application is granted) the judgement of the Supreme Coury in the above case, the Defendant shall write to this Court seeking further consequential directions.

    3) This order is made without notice to the Parties. Any party affected by this order may apply by an Application Notice in writing made within 7 days of service of this order, to vary or set it aside.

  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    822445 - suggest you read the Huzar thread.
  • 822445
    822445 Posts: 5 Forumite
    111KAB wrote: »
    822445 - suggest you read the Huzar thread.

    Thank you, will do!
  • I wonder if anybody can assist with my US Airways claim. I posted in the US airlines section but did not receive a response. I was due to fly with US Airways from Dublin-PHL-LAS in August. The flight was cancelled, and the rerouted ticket got me to my final destination more than 4 hours after initially scheduled. US are claiming extraordinary circumstances, of course and so I have written to them with a letter before action (sent to their London office).

    I wonder if anybody can advise: I live in the UK, US Airways' office is in the UK. Can I therefore use MCOL to claim in the UK, even though the event in question occurred in a different EU member state? As far as I can tell US don't have an Ireland office.

    Thanks in advance for any help
  • Flyinghappy
    Flyinghappy Posts: 3 Newbie
    edited 23 October 2014 at 11:22PM
    Hi
    I've been following this thread for a while and was wondering if someone could help

    I have issued claim to thomson, it's allocated to small claims and there are a number of things I need to do

    One of them is to send witness statements and any information I will rely on in court to the court and thomson.

    I'm going down the extraordinary circumstances path and the fact that the onus is on them to prove the circumstances were extraordinary - however they have also filed an alternative defence citing the Montreal convention

    Do I continue to proceed with the hearing arguing out the extraordinary circumstances first knowing that even if I win the case will be stayed on the alternative defence pending sc outcome of t vs Dawson.

    Or do I ask for a stay beforehand? Also what needs to be written in these statements is it just that we were on the plane and it was delayed or do I need to bring up that they have never provided me with proof etc of the circumstances (other than cite Montreal convention)


    Any help greatly appreciated!
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