Anyone used EU Claim/Bott & Co?

Caz3121

have you checked on EUClaim checker also? (have seen a few incorrect 'yes' on Bott.) what was the flight number and date and what was the reason for your claim being declined?

Tyzap

I wouldn't recommend using CEDR unless you have a very straightforward case.

Anything contentious or complicated and they seem to side with the airline.

Putting your case before a judge gains a more considered and balanced result imo. Plus, if a judge errs in law there is some recourse available, thats not the case with CEDR.

Eagle998

It was adverse weather, however the delay was actually longer than the adverse weather. I was delayed an additional 5 hours after the adverse weather had cleared up (all other flights were taking off and landing during this time). The EU check suggests I can't claim, however if Bott and Co is no win no fee, then I may aswell give them a try. Worst that happens is they say their calculator is wrong and they can't take the case on in which case I'm no worse off.

Eagle998

Tyzap wrote: »

I wouldn't recommend using CEDR unless you have a very straightforward case.

Anything contentious or complicated and they seem to side with the airline.

Putting your case before a judge gains a more considered and balanced result imo. Plus, if a judge errs in law there is some recourse available, thats not the case with CEDR.

Thanks, I was under the impression that if the airline is signed up to CEDR you had to go through the CEDr first (although you could still go to court if ADR side with the airline). If the airline uses the Aviation ADR (and not CEDR) then you can chose to not use it and issue court proceedings instead.

legal_magpie

You certainly do not have to go via CEDR but it often makes sense as you stand to lose little if you lose and you keep all your compensation if you win. If you aren't happy with the CEDR decision, you can sue anyway.

Eagle998

The flight delay page on MSE suggests you must use an adjudicator if the airline is signed up to one. Unfortunately I'm not able to post a link as I'm a new user, but a quote directly from the page states:

"If you flew to or from the UK and your airline's with an adjudicator, you MUST use it"

Have things changed since that page was written?

JPears

Alas, many inaccuracies on MSE regarding flight delays. They are told but never amend...

glocal

I asked Bott & Co too to clarify what they mean by: 'If you lose you may be liable for the other side's costs'. For the £210 I may get out of 400 euro compensation, I am not too keen to risk paying substantial costs. They went peculiarly quiet.

What I found really disillusioning though is that they explain the process in great detail so many times, but it was only later they told me they would reassess my case every time there was an obstacle. So, if they wanted, they could cherry-pick the easy cases, get their computer to send template letters, and drop cases that take more work. When I asked them to explain what that '99% success rate' meant (ie is that 99% of cases initially taken on?), they didn't reply. But they still send me automated reminders to sign their T&Cs.

I am not saying they don't pursue and win many cases through the courts to the satisfaction of clients who don't want the hassle of doing it themselves. I am not saying they actually practise cherry-picking either. It's just that you expect your solicitors to be transparent and inspire trust, not use car sales methods to get business in. The fact that they must be super-efficient to make this service worthwhile or viable is not good enough IMV.

JPears

Every legal firm will assess predictability of success at every stage and back off if the risks become too great for any return.
At the end of the day, they are a business, operating to make profit. End of.

jpsartre

glocal wrote: »

So, if they wanted, they could cherry-pick the easy cases, get their computer to send template letters, and drop cases that take more work.

If they wanted? I always assumed that's how they operate since it's common sense. I wouldn't expect them to do a lot of work for little or no return.