Taking The Airlines To Court

111KAB

bazaar wrote: »

damn, I paid the fees, and realised the interst amount was calculated incorrectly. Oh well, I expect my defendant to defend for definite now. Damn and blast and !!!!!!edo

Interest is normally 'discussed' at the hearing anyway and if you have gone via MCOL you can correct.

JPears

Can some kind soul remind me what court fees are payable at what stage? Can't find my Gateway number to log on to MCOL!
1. Initial MCOL N1 submission.
2?
3. Court hearing fee
I have in my mind 3 fees have been paid, one at AQ submission?
Or is it most likely just the 2?
Thanks in anticip.

JPears

Cheers Centipede
Appreciate prompt response.
Doesn't look like Jet2 will settle unless I get a call tomorrow morning.

Vauban

JPears wrote: »

Cheers Centipede
Appreciate prompt response.
Doesn't look like Jet2 will settle unless I get a call tomorrow morning.

If they don't settle, make them buckle. Good luck JP!

lyndac40

Hi everyone,

Summons was served on United Airlines on 30th May, they have until the 8th July to return, hearing date is set for 22nd July.

What happens now do I sit and wait or should I start to get all my information if needed together.

Details of my claim against United Airlines below.

Our flight was delayed leaving Edinburgh 2 hours 33 minutes and we arrived in Newark NJ late. This caused us to miss our connecting flight Number UA 7460 to Chicago O’Hara and also our connecting flight Number UA 6918 to Lansing City. We should have arrived in Lansing at 21.38pm on the 23/06/2010 because of the delay we did not land in Lansing until 24/06/2010 causing a 16 hour delay in us reaching our destination.

Any help would be appreciated.

Thanks

Lynda

Kevtamuk

Centipede100 wrote: »

1 Initial N1 submission
2 Allocation to track fee (with AQ form submission)
3 Hearing fee

OK so am I right in thinking that I don't need to pay a hearing fee until we hear that there will be a hearing? As our claim is less than £1500 then we won't need to send any further money with our AQ form submission?

Sorry just don't want to get this wrong

JPears

Correct

rajivsingh100

Hello.
I m not sure if a list of current cases is being kept but I have just submitted my case today against Thomson via MCOL. Should I post on the thomson thread as well?
have there been any more successful cases recently?

111KAB

Following the ruling from the EC in October 2012 that flight delays over 3 hours were to be included for compensation I submitted my claim to Monarch Airlines They refused to consider so an initial hearing was held on 4th April 2013 which was attended by Counsel for Monarch Airlines and this resulted in another hearing (due to Monarch lack of information at the first hearing) on 4th June 2013 which was again attended by Counsel for Monarch Airlines.
Monarch Airlines defence and skeleton argument centred on a hydraulic failure on the incoming aircraft to collect my wife and I from Palma airport and in assessing whether the fault was an extraordinary circumstance they provided a witness statement from their engineer in order to try to prove that the part had no history of failure and that a replacement part had to be obtained from Germany.
Monarch Airlines also relied on the EC case Wallentin-Herman v Alitalia paragraphs 24 & 25, in that the aircraft had had regular maintenance, and because the fault was detected outside of regular maintenance and was not because of poor maintenance, then the defect could not be considered as inherent with the normal operations of the airline.
My case was that technical faults with aircraft are inherent in the airline business and as such contingency plans for short term supply of parts and / or replacement aircraft, either by contract, hire or their own aircraft availability should be in place and that not 'all reasonable measures' had been taken to provide me with the contracted/booked service.
The District Judge agreed with my claim and found against Monarch Airlines as defendant and I have now received the Judgment Order today and await receipt of the £650 by 24th June 2013.
So to all of you battling with Monarch Airlines (and others) don't be put off by their prevarication and intimidation, if you get no positive response from them to your claim after giving them sufficient opportunity and time, just progress the matter to the County Court.
But you must be motivated and prepared to devote the time and effort into seeing the matter through.

KillBetty

I'm just beginning my court claim, I've read the information on how to calculate interest just can't work out when I should start the interest from? I'm thinking it would be 30 days after I sent off the compensation forms but I'm not 100% sure?

I'm also unsure on how to add it to my claim, as surely the figure of interest will grow daily so should I add the interest as of todays date and explain the interest will continue to grow daily? Arghh I'm baffled ,a bit of advice would be great, thanks