Court success thread

Vauban

DvG: Really very sorry to hear this: we can all prepare for every eventuality, except for a judge who hasn't read their papers. Do think seriously about appealing - maybe even pm Coby Benson for an informal chat to talk through options. Your case still looks good from here, whatever the judge may have thought.

MrsW86

My husband attended a preliminary hearing today in which the judge gave a verdict in our favour. TC had admitted liability but would not comment on the interest claim and wished for the amount of interest to be determined by the court. We were awarded interest from the date of our flight to today.
Our flight was a MyTravel flight, delayed over 12 hours, they had to fly a replacement plane in from the Caribbean and then the flight crew went out of hours. Originally they claimed that they couldn't locate the flight logs and that the flight was before the merger between MyTravel and TC (however the flight was actually AFTER the merger) they subsequently claimed EC (found the flight logs???!).
When we submitted mcol they said they intended to defend...Their defence was that we hadn't provided them with proof we had been on the flight and they wouldn't comment on the interest payable but they did admit liability.
TC did not submit the mediation forms and chose not to attend the preliminary hearing (which was called to determine whether to escalate to a full hearing as tc had no real prospect of defending the claim successfully).
I don't know how helpful this will be to others as the small claims deadline has now passed for this flight, but I hope that it may assist others who were delayed on MyTravel flights and offer hope to those persuing their claim in the courts.
Just waiting for tc to send us the compensation now....
:j

notsurewhereIstand

Congratulations Mrs W86.

bazaar_2

OK, Cheque cleared, so although this wasnt a court win ( shame coz I had a load of a sheetstorm for em).
Been paid out after sending in the CPR 18 request.
Strange that eh? so, people, please keep the faith, everyones claim is entirely different until we get some court success and precidents set.
But, its all about tactics, I had a tactic that worked for us, it might also work for some of you, but. You MUST understand what you want to do as it is not an easy journey (pun intended).
Big thanks to all the regulars here, you know who you are.
I'll keep checking in if anyone needs any assistance, BUT, if you havent read the FAQ's or done some leg work yourself, you know the rest

JPears

MrsW86 wrote: »

My husband attended a preliminary hearing today in which the judge gave a verdict in our favour. TC had admitted liability but would not comment on the interest claim and wished for the amount of interest to be determined by the court. We were awarded interest from the date of our flight to today.

Just waiting for tc to send us the compensation now....
:j

Did you get your money due yet?

purple_icecream

alberto2012 wrote: »

Hi all,

Just before I send off my (form1B) to the small claims court,
Could someone tell me what exactly is involved in the reality of attending court?

i.e. - what documents am I required to have? (obviously proof of being on the flight / correspondence etc) But what futher legal yarn would stand me in good stead to have to hand?....


- What is the process actually like?

The reason for asking is to guage whether I really need 'proper' legal representation..

I would be keen too for any advise please if mine goes to court, or in fact how do I prepare for a mediation call, do I need to research "Wallentin-Hermann judgement" that others speak of, because at present that is all gobbledegook to me??

Vauban

purple_icecream wrote: »

I would be keen too for any advise please if mine goes to court, or in fact how do I prepare for a mediation call, do I need to research "Wallentin-Hermann judgement" that others speak of, because at present that is all gobbledegook to me??

Then you are in trouble, aren't you? Read-up or lose.

gallaghb

Make that 1 more success.

United have agreed to pay EUR 600 per passenger today, they sent a defence to claim but have since decided to settle.
Interestingly I first received notification of the settlement from the CAA, not sure what part they played in getting United to cough up...

Vauban

Well done - great result.

JPears

gallaghb wrote: »

Make that 1 more success.

United have agreed to pay EUR 600 per passenger today, they sent a defence to claim but have since decided to settle.
Interestingly I first received notification of the settlement from the CAA, not sure what part they played in getting United to cough up...

marvellyhouse :beer::T:T