Court success thread

beach255_2

Lil_Me wrote: »

My successful claim should give you a good indication that Virgin will settle with you too. As I said in my PM, you can try asking Virgin again using my case as a reason why they should settle out of court, but if you start court action I can almost guarantee that they won't let it actually get to court.

Thanks. I have sent NBA so just waiting to do the next step.

I would have thought as the tech flight was found 24hrs before our flight was due to leave, VA had enough time to resolve the knock on effects of the next lot of flights.

Lil_Me_2

beach255 wrote: »

Thanks. I have sent NBA so just waiting to do the next step.

I would have thought as the tech flight was found 24hrs before our flight was due to leave, VA had enough time to resolve the knock on effects of the next lot of flights.

I'll be honest, I hadn't really considered the knock on effect that one delay has! Your flight was 2 after ours and they only made up 1 hour of the delay, so how many more flights were delayed after yours?!?!

You'd think the airlines would be more keen to prevent these delays.

mart67_2

Not seen anything regarding successful claims against Ryanair. I wrote to them 1 month ago and have had no response. I have also contacted them by email, but nothing. 40 mins on hold on the phone. I have now contacted the CAA to see what they can do. EU claims want to take it on but would want about £75 if i won about £210 compo.
I'm concerned that a small claim might turn into a massive hassle. Any views?

Vauban

Post in the Ryannair thread.

Dr_Watson

Dr_Watson wrote: »

No reply from Ryanair at all so time is up. I move on with the procedure. Again I'll keep you all posted.

Hmmm interesting letter and conversation with my local court today.
I applied for a judgment to be filed as Ryanair had not responded to my claim. This has been rejected as the defendant has now submitted a defence. The court has not sent this to me and I've just rung them to ask to be sent a copy to be told that ' the reply has been sent to the judge for comment. Until he/ she responds we can't send you any further detail.' Exasperated I said that 'I had never even seen any defence to my claim and would the judge now make his/ her judgment on the case at this point?' The clerk was unsure and said' I needed to wait until the judge had responded'. Again I protested that if the judge did make a decision based in the defendants favour - I have never received the opportunity to even see it let alone reply.
Does anyone know if this is normal practice for the ESCP- does any defence go to the judge first for comment- and would the judge make his/ her judgment at this point?

friendofbillw2

Dr_Watson wrote: »

Hmmm interesting letter and conversation with my local court today.
I applied for a judgment to be filed as Ryanair had not responded to my claim. This has been rejected as the defendant has now submitted a defence. The court has not sent this to me and I've just rung them to ask to be sent a copy to be told that ' the reply has been sent to the judge for comment. Until he/ she responds we can't send you any further detail.' Exasperated I said that 'I had never even seen any defence to my claim and would the judge now make his/ her judgment on the case at this point?' The clerk was unsure and said' I needed to wait until the judge had responded'. Again I protested that if the judge did make a decision based in the defendants favour - I have never received the opportunity to even see it let alone reply.
Does anyone know if this is normal practice for the ESCP- does any defence go to the judge first for comment- and would the judge make his/ her judgment at this point?

It is quite likely that the judge is deciding, if their defence was received just outside the deadline, whether to allow it or not.

Chances are that unless it is totally mickey mouse / signed in crayon he will allow it, on the basis that they like to see justice served fairly rather than rules enforced blindly. But you might get lucky and get judgment by default.

I would be amazed if a judgment on the case as a whole was made with the evidence (not) to hand in the circumstances you have described.

Vauban

Another win here?

http://forums.moneysavingexpert.com/showpost.php?p=61967879&postcount=2364

stavros42

friendofbillw2 wrote: »

It is quite likely that the judge is deciding, if their defence was received just outside the deadline, whether to allow it or not.

Chances are that unless it is totally mickey mouse / signed in crayon he will allow it, on the basis that they like to see justice served fairly rather than rules enforced blindly. But you might get lucky and get judgment by default.

I would be amazed if a judgment on the case as a whole was made with the evidence (not) to hand in the circumstances you have described.

Don't know if the law is different in England regarding this but my local court(which is Scottish) returned Thomsons defence to them which was 1 day late.

lyndac40

HI Everyone,

I just logged into my emails and have received this email from United Airlines.

Dear Ms. Combe:

We are in receipt of the lawsuit you filed in the ******* Sheriff Court regarding the 2 hour and 33 minute delay of your flight from Edinburg in 2010. Our records indicate that we have explained our position several times, which remains unchanged. In the interest of settling this case, I would like to offer each member of your family a $1,000 electronic travel certificate valid for one year from the date of issue toward a ticket on United Airlines. Please let me know if we can settle this matter out of Court.

Regards,


Victoria A. Durr
International Regulatory / Small Claims

So another step closer but not quite what we are looking for as I am not in the position to use an electronic voucher at this time or within the next year to go back to america as the flight have doubled in cost.
It works out at about £646 each.

Lynda x

Vauban

lyndac40 wrote: »

HI Everyone,

I just logged into my emails and have received this email from United Airlines.

Dear Ms. Combe:

We are in receipt of the lawsuit you filed in the ******* Sheriff Court regarding the 2 hour and 33 minute delay of your flight from Edinburg in 2010. Our records indicate that we have explained our position several times, which remains unchanged. In the interest of settling this case, I would like to offer each member of your family a $1,000 electronic travel certificate valid for one year from the date of issue toward a ticket on United Airlines. Please let me know if we can settle this matter out of Court.

Regards,


Victoria A. Durr
International Regulatory / Small Claims

So another step closer but not quite what we are looking for as I am not in the position to use an electronic voucher at this time or within the next year to go back to america as the flight have doubled in cost.
It works out at about £646 each.

Lynda x

Nearly there, Lynda ... Tell them you'll drop the interest if they settle the full compensation and court fees!