Taking The Airlines To Court

bazaar_2

bazaar wrote: »

Hi guys,
Anyone know if I should amend the defendants name via N244,
Thomson defence shows that wrong defendant was put on claim and Thomson airways to be the defendant, Claimants right of re-service to be dispensed with.'
Does this mean they agree to the change or do I have to apply via N244? any help greatly appreciated. I have to send directions questionare in thursday

Any takers on this one as I have to submit the docs today?

111KAB

bazaar wrote: »

Any takers on this one as I have to submit the docs today?

Sorry cannot assist (but sure someone can) but can you not just 'phone the Court and ask?

bazaar_2

111KAB wrote: »

Sorry cannot assist (but sure someone can) but can you not just 'phone the Court and ask?

Hi KAB,
yes called MCOL, they just said file the order with AQ, so I guess it means an extra 40 quids, just toi be sure ive got my ducks in a row.

Dr_Watson

Dr_Watson wrote: »

After receiving a defence from Ryanair (over on the Ryanair thread) I have also received from the court a form N150 allocation questionnaire.
Is this normal for this claim route? There is no sign of form 'C' that I have seen posted on this forum. From what I have read about the form I have received this seems to be to help the judge to decide which track the claim should progress- again from my understanding the European route is a written based hearing and no oral hearing would usually be held.
Should I have received this form from the court? - I thought that at this point I would now have to be replying to Ryanair's defence and not completing allocation questionairre's.
Thanks for your help.

In a word folks-no.
Thanks to blondmark and Cobybenson for their assistance in this matter. I've just received confirmation from my local court that this is not the procedure for the ESCP, despite a judge saying so twice before being pointed in the right direction via the european justice portal.
If you are using the ESCP (for example claiming against Ryanair) and your local court tries to get you to fill in an allocation questionnaire, get in touch with them and put them back on track.
We move on.......

ArianSandra

Hi all. Two questions:
1. After receiving Monarch's standard response to my claim I wrote stating my belief that the delay was not due to ec and giving them 14 days to reconsider before I issue proceedings. I had not at that time discovered these boards and didn't head the letter as NBA. Do I need to do that again or will my letter consititute NBA anyway?
2. On another thread I was advised to find out what efforts Monarch made to get us to our destination on time. Should I do that before progressing the legal remedy or can I get that underway and then ask them? I'm not hopeful of getting any answer from them as they don't seem capable of even tying my letters to one case - responding each time as if each was the first letter.

richardw

Compare the suggested NBA with what you actually wrote to Monarch and consider if your letter included all the essential elements.

Yes ask them about the 'reasonable measures' before submitting your claim to the court.

romanby1

richardw wrote: »

Compare the suggested NBA with what you actually wrote to Monarch and consider if your letter included all the essential elements.

Yes ask them about the 'reasonable measures' before submitting your claim to the court.

When asking them for details of the cause of the delay say if they do not respond in 14 days or the reason is not an EC say you will be issueing proceedings in the Small Claims court

tonxy22

JPears wrote: »

Although I lost my court case , I would be happy to have a look at it, more eyes the better!
email sent on PM

Hi J Pears

I have not heard many people say they have lost in court. As my court date is due through immenently (I am awaiting Thomson's response on mediation first) I found your post a little disconcerting.

Was it some for of evidence they provided or reference to a particular trial case that swayed it in their favour? Are you able to give detials?

darkwarrior

I've received an N180 form to fill in in regards to my case against Thompsons. However I've yet tor eceive their defence and according to MCOL it was sent on the 9th so I'm wary to fill this form in before I've seen what they are saying. Not sure what to do now.

bazaar_2

darkwarrior wrote: »

I've received an N180 form to fill in in regards to my case against Thompsons. However I've yet tor eceive their defence and according to MCOL it was sent on the 9th so I'm wary to fill this form in before I've seen what they are saying. Not sure what to do now.

check youre MCOL online, with the N180, did you get a notice to say the case is being defended? have you received a defence at all either from thomson or the court?