Settlement before Hearing...fees, rates...

ANNA

A couple of questions about settling out of Court.

The airline are paying the EUROS 250 amount in £ based on the exchange rate on the date of the flight. Is that right?

They will pay the court issue fee but no interest on the EUROS 250.

Is this the standard practice?

Ta

111KAB

ANNA wrote: »

A couple of questions about settling out of Court.

The airline are paying the EUROS 250 amount in £ based on the exchange rate on the date of the flight. Is that right?

Yes

ANNA wrote: »

They will pay the court issue fee but no interest on the EUROS 250.

Is this the standard practice?

Ta

Up to you if you accept without interest however I would suggest you do.

bazaar_2

ANNA wrote: »

A couple of questions about settling out of Court.

The airline are paying the EUROS 250 amount in £ based on the exchange rate on the date of the flight. Is that right?

They will pay the court issue fee but no interest on the EUROS 250.

Is this the standard practice?

Ta

Make sure the money is cleared before you tell the court though. just in case they renege on the deal

Vauban

Well done on winning your claim! So TC didn't fancy their day in court? I bet they didn't!

Do post some details on the "Court Success" thread, to give courage to others.

Mark2spark

As Bazaar says, make it a condition that the monies have to be BACS into your account by the end of the week, or else the action continues.

ANNA

Thanks!
I got my claim in full but without interest and TC would not pay for my expenses in bringing the claim, ie. phone calls, postage, etc.
TC say they don't have a procedure for BACS and won't be able to issue a cheque until next week.

VOB72

ANNA wrote: »

Thanks!
I got my claim in full but without interest and TC would not pay for my expenses in bringing the claim, ie. phone calls, postage, etc.
TC say they don't have a procedure for BACS and won't be able to issue a cheque until next week.

Well done! Did they deal with claim themselves or did Trav Law act on their behalf?

steve1500

TC say they don't have a procedure for BACS and won't be able to issue a cheque until next week.

Odd a last month there were a few posts that BACS was the only way they would pay

David_e

ANNA wrote: »

Thanks!
I got my claim in full but without interest and TC would not pay for my expenses in bringing the claim, ie. phone calls, postage, etc.

I may be wrong but I don't think those costs can be recovered if you bring a small claim action so the logic may be that you can't have them if they settle.

ANNA wrote: »

TC say they don't have a procedure for BACS and won't be able to issue a cheque until next week.

What kind of company can't make a BACS payment?!

David_e

ANNA wrote: »

The airline are paying the EUROS 250 amount in £ based on the exchange rate on the date of the flight. Is that right?

That does seem to be accepted practice but I can't get my head round it. Reg 261/2004 provides for compensation in Euros. There may be a legal reason but I can't see why you shouldn't be entitled to receive a Euro amount. That way, you wouldn't get stuffed on the exchange rate.

ANNA wrote: »

They will pay the court issue fee but no interest on the EUROS 250.

It appears that if a claim goes to court and succeeeds, the judge can award interest but has (complete) discretion on the rate.

If it's out of court, you can ask for what you like. If they are offering to settle, it suggests you have a pretty watertight case and I personally wouldn't be inclined to accept their first offer. Might be best to try and "negotiate" by phone. You might get a better idea what scope there is for squeezing some interest from them or whether it's better to take the offer on the table.

ANNA

It was TC's in-house legal team.

During telephone negotiations I was told that TC have a 100% success rate in court.......