Taking The Airlines To Court

clippy_girl

legal_magpie wrote: »

You have been tolerant in giving them so much time. Sheriffs might have removed an aircraft if they didn't pay up

Don't think there is much chance of getting an aircraft unfortunately as they don't take stuff essential to their business and they don't own the planes! Hoping they pay up soon!

clippy_girl

Hi all,

Just to let you know that Easyjet have finally paid up 6 months after I started the process! :j:beer:

We were delayed for 6 hours and the pilot told us it was because they only got the plane the day before and had sprayed it in their colours which took longer to dry than they expected.

A few letters went back and forth, they claimed extraordinary circs and said they were denied refueling which caused the delay. :mad:

Started small claims process, they returned the claim form to the court so did not reply. I received a judgement in default.

When they were sent that they claimed they did not receive the claim form, had a reasonable prospect of defence and submitted an application to have the judgement set aside. They claimed they were not the operating airline as they used a plane owned by someone else so they were not responsible for paying compensation. :mad::mad::mad:

I was on holiday when the hearing was listed so sent in a witness statement producing the whole Directive, pointing the Judge towards para 7 of the Reg which states they are still responsible even if used a leased plane. They didn't turn up so the Judge dismissed their claim. :T

They still did not pay up so I sent a letter telling them I would send it up to the High Court and get an enforcement officer to go round. :mad:

Finally received a cheque this week. :T:beer::j

Would really like to thank everyone who took the time to post the helpful guides and templates and answer my queries :A:kisses:

johndoe70

hi folks, preparing my N1 court forms at the mo and unsure on a couple of points if anyone can point me in the right direction.
its been touched on in various airline specific threads but trying to find exactly what to put in relation to who to put in the claimants box of n1 form. The notes and guidance suggest that all claimants names ,address,d.o.b,postcode and telephone number must be inserted here,which is a lot of info to cram into a small space when there is four claimants! IM actually claiming for my wife,my two children (age 10 and 9) and myself.as i understand it i have to additionally enter (along side each Childs name) ' a child by (me) his litigation friend'.is this right? As i say there isn't an awful lot of room to include all these details here.Or ,for my two children do i instead of including them on as claimants on the N1 form,only fill out form N235 instead? Or both? Bloody confusing!!
also,as the value of my claim is appx £1400 when converted (at the historic exchange rate) it would seem my court fee should be £80 (for claims within the £1000-£1500 bracket), however as i am claiming appx £400 interest also,would i then need to add this figure to the £1400 claimed to make an overall 'amount claimed total' or is interest regarded as seperate to this as this would take my amount claimed total into a higher bracket fee and therefore would be £115 instead of £80.

legal_magpie

You have asked about 15 questions in 1 paragraph which doesn't help but I will do my best. I point out that this forum is not for giving specific legal advice but to help people in general terms.

Read the FAQs and Vauban's guide.

1. You cannot use MCOL where there is more than 1 Claimant.

2. As you are claiming on behalf of your two children, you do indeed need to appoint yourself as Litigation Friend. You need to comply with the requirements of the CPR.

razorsedge

johndoe70 wrote: »

also,as the value of my claim is appx £1400 when converted (at the historic exchange rate) it would seem my court fee should be £80 (for claims within the £1000-£1500 bracket), however as i am claiming appx £400 interest also,would i then need to add this figure to the £1400 claimed to make an overall 'amount claimed total' or is interest regarded as seperate to this as this would take my amount claimed total into a higher bracket fee and therefore would be £115 instead of £80.

https://forums.moneysavingexpert.com/discussion/comment/67170540#Comment_67170540

johndoe70

legal magpie,
my apologies for the jumbled fashion of my post,it was wrote in haste before dashing on school run! However,i believe i asked 3 ques"'tions in total relating to two topics pertaining to the N1 form and not 15.
i did not ask if i could or could not use mcol as i know i cant.
in aware i have to include myself as a litigation friend of my children but my question specifically was can i do this on form N1 only or would i need form N235 instead or also?

razorsedge,
many thanks for that link, it makes perfect sense and answers one questions .thankyou

NoviceAngel

johndoe70 wrote: »

legal magpie,
my apologies for the jumbled fashion of my post,it was wrote in haste before dashing on school run! However,i believe i asked 3 ques"'tions in total relating to two topics pertaining to the N1 form and not 15.
i did not ask if i could or could not use mcol as i know i cant.
in aware i have to include myself as a litigation friend of my children but my question specifically was can i do this on form N1 only or would i need form N235 instead or also?

razorsedge,
many thanks for that link, it makes perfect sense and answers one questions .thankyou

Well it doesn't harm including N235, I'm not a Solicitor and it would appear that our friend legal magpie is.

I think the point is that if I were to call my local garage and ask what steps should I take to fix my car this morning because it won't start, I would expect them to say bring it in and we'll fix it, doubt very much that they would give me chapter and verse on how to fix it myself. If you want a Solicitor to help, there's one big name always mentioned on here. Bott & Co.

I really understand your frustration at the legal process, but this is a self - help forum and I think you need to do a little more research, after all razorsedge pointed you to a post that already had the solution.

I would say try not to worry too much about the legal process and the correct 'legal' way of doing things, many of the regular posters on here ~ including myself have made errors when submitting proceedings and after spending months on here, I often kick myself.

Truth is this is the SMALL claims Court and hopefully a Judge will understand and SHOULD make allowances for minor mistakes given that you are a LiP.

Chuck in the N235, read PtL Vaubans guide and come back post and help others, trust me the more you help on here the more you will learn.

Cheers,

NoviceAngel

johndoe70

novice angel,
thanks for reply and yes i suppose there is a tendancy to over complicate matters when it comes to being a l.i.p. ,just worried that if i get one measly thing wrong on the form,it will be bounced back to me to re-issue along with another fat fee to stump up.
with regard to my earlier post i apologise if it seemed a little gnarly as that was not my intention and i truly appreciate all suggestions and assistance other forumites are able to offer.
i must say though that although i am classed as a newbie i have done a shedload of homework on this subject and read the excellent guides and FAQ's on here as well as all the relevant judgements and rulings on the matter so i am failry well read on this issue and would not waste others time with easy to find ,well linked bread and butter info that is freely available thanks to the effort and time of others.Believe me it is nit my intention to be spoon fed answers.
my enquiry,i felt,was r elating to an uncommon issue whereby the answer isn't readily,or easily found on here and was quite specific.
i understand that its a give and take forum and amembers should 'pay it forward' and help others where possible.Unfortunately due to my workshifts and kids extra curricular activities and my daughters ongoing medical situation i am not able to offer my time much at the mo but going forward as commitments allow i fully intend to participate more on here and let people know how my claim is progressing when i can.
im not a taker guys and want to do this myself and cant wait to take tc on in court.
just sometimes,now and again,there may be something that in not entirely sure on and would like to approach others about without fear of being subjected to 'eliteism mentality'. Where all on the same side after all.
so frustration? No. Disappointed at being pulled up on my grammer? Yes!
i hear you noviceangel and understand where your coming from when you mention the car breakdown and garage scenario but i would say this, i myself am a stroke patient therapist and try to help all my patients yet i cannot imagine a scenario whereby if i was asked my advice about something i could actually help with,not bothering just because I'd clocked off!
perhaps i should have found razorsedge' post myself but you know sometimes its hard to see the wood for the trees on these threads even when its staring at you, lol.
anyway,enough grandstanding and once again my apologies if ive been overly sensitive but honestly ive done my own homework and am not looking for a free ride.

NoviceAngel

Hi Johndoe70,

Thank you for a respectful comeback.

Well you doing better than me, I did issue via MCOL for myself and my wife and can't even remember if I mentioned her in the particulars, but my case hasn't been chucked out yet! Lol

Just do your best with the legal side of the paperwork, we all learn by our mistakes, if I could help more at this stage I would.

All I can say is good luck with your claim, you seem to be getting more right than wrong and I respect you for not jumping straight into the NWNF route when the going gets tough

Cheers,

NoviceAngel

JPears

jd70, I don't think legalmagpie was pulling you up in anyway that was intended to offend.
None of us on here can give you specific legal advice, that wouldn't be fair or sensible for either party.
Your post was difficult to read and understand due to the format and your subseuqent one isn't that much easier either.
Without wishing to offend or upset, please take this as constructive advice - all of your court documents, should they be required, will need to be very well set out and formatted