Court success thread

romanby1

jackndaz wrote: »

Just wanted to add my case to this thread and ask for some more advice, TC legal rang me yesterday offering me an out of court settlement on the promise that my cheque will be with me by Friday 26th July 2013. Something hasn't quite sat right with me all night with the conversation, I will try to be as brief as possible.... After the initial offer of the settlement amount the person I spoke to asked if I wouldn't mind contacting the courts and letting them know that I have accepted an offer and would not be taking this further and that my cheque will be with me by Friday she knows this is not the normal run of things (doing this before cheque has arrived) but she obviously would contact the court herself but she said it would just move things along quicker if we both did it. Like I said it hasn't sat well so I did not contact the court. Lo and behold a letter arrived this morning basically giving a run down of our conversation and a copy letter for the court attached. TC's defence had to be filed and served by the 26th July 2013 (surprise surprise) they will not be preparing any documents and will not dispute the claim as they have reached a settlement. Now I know why she wanted me to contact the court ! I have rang her back today and said if my cheque is not with me on Friday 26th I will continue with my claim through the courts, she advised me my cheque was being prepared and should be with me tomorrow ! If I can have a letter received the next day after a telephone call surely a cheque could have been added to said letter.

Don't contact the court until the money is in the bank. In my case with Thomsons, they do not send cheques it is a transfer direct to our bank. Tell TC if they are sending a cheque you will not contact the court till it has been cleared. You were quite correct in not stopping the case. I told Thomsons if the money was not in my account by the Friday we were going to submit the papers. The money was there next day.

jackndaz

romanby1 wrote: »

Don't contact the court until the money is in the bank. In my case with Thomsons, they do not send cheques it is a transfer direct to our bank. Tell TC if they are sending a cheque you will not contact the court till it has been cleared. You were quite correct in not stopping the case. I told Thomsons if the money was not in my account by the Friday we were going to submit the papers. The money was there next day.

Am I right in thinking if the cheque does not arrive tomorrow I can withdraw my agreement to settle ? I did make that absolutely clear if this was the case then that is what I would do, just not sure if I am legally bound by my initial acceptance of settlement over the phone.

bazaar_2

jackndaz wrote: »

Am I right in thinking if the cheque does not arrive tomorrow I can withdraw my agreement to settle ? I did make that absolutely clear if this was the case then that is what I would do, just not sure if I am legally bound by my initial acceptance of settlement over the phone.

you can accept the payment, but until its in your bank and cleared you havent been paid have you?
Case is still ongoing until its paid, then you tell court.

dstainer

Another Success for moi.....

http://forums.moneysavingexpert.com/showpost.php?p=62650889&postcount=2618

Thanks to everyone on here for all of their help and advice.
:T:T:T:T
It's my 2nd success after an earlier one with Virgin. I'll just be happy to get away on my hols this year without any delays

rajivsingh100

I m intrigued that amongst all these successes, people are not also demanding interest at 5-8%? that would amount to a lot given the delays of a few yrs in most cases of flights here. Why not demand that too if they make you an offer? It ll be worth more than the court fees?

Also- can you ask for the penalty to be paid in euros but obviously not into a bank account eg cash or traveller cheques? you would save on exchange rate loss especially as all of us will then be converting money later on into euros for future holidays? just a thought!

best wishes

David_e

rajivsingh100 wrote: »

I m intrigued that amongst all these successes, people are not also demanding interest at 5-8%?

Agreed. I have done a quick search and Section 69 County Courts Act 1984 appears to be the relevant legislation. That refers to "at such rate as the court thinks fit or as may be prescribed". I've seen the rate of 8% described as the (current) rate of "statutory interest".

rajivsingh100 wrote: »

Also- can you ask for the penalty to be paid in euros but obviously not into a bank account eg cash or traveller cheques? you would save on exchange rate loss especially as all of us will then be converting money later on into euros for future holidays? just a thought!

Very valid thought. I mentioned this when someone said they were given compensation at the exchange rate applicable at the time of delay. (To their detriment, needless to say.) Whether you can ask for Euros I don't know but I would think it worth inserting in the claim something like "or Sterling equivalent at the date of payment of the claim" - assuming that was more favourable!

Mark2spark

It would appear that a further court success is to be recorded:

http://forums.moneysavingexpert.com/showpost.php?p=62657558&postcount=400

I don't do the success ratio in this thread so i'll leave it to others to determine if this one has already been counted.

MrsVictorious

I'm delighted to report a 3-1 victory against Jet2...

My husband and I were delayed on 4 separate Jet2 flights between July 2010 and July 2012. After unsuccessful and frustrating correspondence with the seriously misnamed 'customer services' (eg telling us that it could take up to 60 working days to reply to a letter from us) we took our claims to the local County Court with a trial date for the end of June. For the hearing, Jet2 sent a barrister with expertise in aviation law who, in turn, had been retained for the case by Jet2's solicitors - also specialists in this field!

Our Judge decided that he needed more time to consider the facts and the relevant law before he could come to a verdict and we have waited for 4 nail-biting weeks until this was delivered. Ultimately he disagreed with Jet2's barrister and expert witnesses who had argued that in each case our flights were delayed by Extraordinary Circumstances and awarded us approximately £3,000 including court fees and interest for 3 of the flights in our claim. But on the 4th flight he felt that a crack in the fuselage of the plane amounted to an Extraordinary Circumstance - and I'm sure that we all hope this isn't a regular occurrence!

We have spent many, many hours researching and developing our claims - my husband using his legal expertise and me trawling the internet as well as spending a lot of time reading this forum. And we did it ... we proved that Jet2 can still be beaten even when they send their legal aviation team and their expert witnesses to Court to argue on their behalf that everything that goes wrong with their planes is an Extraordinary Circumstance

Thanks for all your help (even though you were unaware you were helping us!) I wish you all a verdict to equal ours. We shall continue to fly with Jet2 as we have done on many occasions since they began their service from Leeds Bradford, in fact I was on one of their flights only 2 days ago and I'm pleased to say it landed on time

Vauban

And another one - this one with Virgin:
http://forums.moneysavingexpert.com/showpost.php?p=62671021&postcount=702

jackndaz

:TCHEQUE HAS ARRIVED:j