Who's been to Court?? Any HELP PLEASE?! Small Claim Update

greeneyedlad

Im Posting this here as there is still doubt who IS the OAC Thomson or Monarch.

Was booked through Thomson.
Flight number was TOM
Actual Flight was Monarch

Wrote to Thomson who blamed Monarch.
Wrote to Monarch who blamed Thomson.

Thomson then said;
"As part of our investigation I have checked our flight reports and can see your flight was delayed due to a technical defect being detected prior to a previous scheduled flight.
This then caused a knock on effect to your flight.
The aircraft is unable to be legally dispatched with this defect. Therefore the cause of this delay sits under Extraordinary Circumstances, as the technical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen."

Gave both 14 days notice.
Served both SCOTTISH Small Claim papers asking the court to decide who IS the OAC as both companies[FONT=Century, serif] are mischievously conspiring together to circumvent the authority of the Court by refusing to disclose their respective roles for the purpose of this action.

Or has Thomson now basically admited they ARE the OAC as they have stated Extraordinary Circumstances?

How do things stand when its not even my flight, but "A knock on effect."??

I also complained to the CAA, & have just had a reply after 2 months saying that due to the NEW RULES they have sent it back to Monarch who they believe to be the OAC.

I have just had a solicitor letter on behalf of Thomson stating they intend to defend the Small Claim & will see me in court.
So far no reply from Monarch.

So to say im scared to go to court is an under statement now.
I think I'll be a gibbering wreck in front of a judge, especially when they have a lawyer!

What if they win & I have to pay court expenses?
As im on benefits the Small Claim fee was waived. Will any costs be waived also as im on benefits?

Should I go to citizens advice now & ask if they can represent me?

If Monarch fail to respond do I still fill in a Form 11, even though Thomson have defended?

So many questions, sorry

Any advice would be much appreciated thanks.

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JPears

greeneyedlad wrote: »

Im Posting this here as there is still doubt who IS the OAC Thomson or Monarch.

[FONT=Century, serif].........

So many questions, sorry

Any advice would be much appreciated thanks.

[/FONT]

With all due respect for putting up a fight, you need to read, re-read and understand ALL the relevant threads on here - FAQs, taking Airlines to court etc, AND get to know Wallentin case inside out.
Then come back with more specific queries and questions.
But for starters, knock on effects are a moot point - as far as I am aware this aspect has never really been tested in court.
What was the technical defect? Did it affect your aircraft or another? Did the tech defect occur on the same day or previously? What measure did the OAC take to minimise your delay?
You need to find these things out, probably through CPR18 (more reading)

greeneyedlad

JPears wrote: »

With all due respect for putting up a fight, you need to read, re-read and understand ALL the relevant threads on here - FAQs, taking Airlines to court etc, AND get to know Wallentin case inside out.
Then come back with more specific queries and questions.
But for starters, knock on effects are a moot point - as far as I am aware this aspect has never really been tested in court.
What was the technical defect? Did it affect your aircraft or another? Did the tech defect occur on the same day or previously? What measure did the OAC take to minimise your delay?
You need to find these things out, probably through CPR18 (more reading)

WHAT is CPR18??
All the questions you ask I do not know cause Thomson also said;
"We are not obliged to release any further internal information surrounding your delay."
So I will be left in the dark until the actual court day I guess.
Thanks for your reply, but with respect I do understand most of the threads on here, however there are not very many who have actually went as far as court like me. That is what im trying to establish here.
I am not legally trained therefore I do not understand the Wallentin case inside out, so im guessing Thomsons lawyer will destroy me in court.
That is why im asking for any help on here, thank you.

HappyMJ

County court is the least scary of all the courts. You don't even need to stand up to speak to the court. You just all sit round a table chatting about the case at hand. It's not a big court room like a criminal court. You don't need representation at all in county court just speak for yourself present your side and the judge will consider the matter and ask questions to clarify anything that isn't clear. If they think your case has no merit at all then they will award costs against you so just be warned on that one.

Vauban

When is your hearing?

greeneyedlad

Vauban wrote: »

When is your hearing?

its the 19th Sep Vauban mate

Vauban

Crickey. And when do you need to submit your bundle of papers? Or is the Scottish system different?

greeneyedlad

Vauban wrote: »

Crickey. And when do you need to submit your bundle of papers? Or is the Scottish system different?

Well I read something about submitting "Productions" which I think are the documents 14 days before so im !!!!ed I think.

I kept phoning the court to ask if they had defended & the lady kept saying not to do anything until the monday after there deadline which is tomorrow the 5th.

Im going to look a fool in court aren't I.
All iv submitted was the original 01b Small Claim form & The Particulars of the claim.
Thats basically it to be honest.
I dont know what else to say......:(

433Barbara

HappyMJ wrote: »

County court is the least scary of all the courts. You don't even need to stand up to speak to the court. You just all sit round a table chatting about the case at hand. It's not a big court room like a criminal court. You don't need representation at all in county court just speak for yourself present your side and the judge will consider the matter and ask questions to clarify anything that isn't clear. If they think your case has no merit at all then they will award costs against you so just be warned on that one.

HappyMJ, Really thank full for your details on County Court as it was worrying me as I suppose does worry a lot. The whole idea of going to court is daunting but I HAD hoped, it was more of what you had described.

I questioned several times that surely a 'layman' would not have to justify everything and know every in and out of the law.

I think all these forums are brilliant in that we gather strength and brilliant information from all who provide but end of day..... if my car turbo engine failed (for whatever reason) would I have to go to small claims court and argue to the dealership about sprocket valve 6 was rubbing on the crank valve 7 etc etc and this caused.......... hope you get where I'm coming from.

Would love to have your opinions on my details but I can't see a PM option for you

Anyways, thanks again

HappyMJ

433Barbara wrote: »

Would love to have your opinions on my details but I can't see a PM option for you

Anyways, thanks again

That's OK I've had abusive PM's so I disabled it. Anything that anyone has to say to me personally can be said to me on open forum.

They might try and settle out of court...probably in the foyer of the court before you get before a judge so be prepared for that too.

greeneyedlad

433Barbara wrote: »

HappyMJ, Really thank full for your details on County Court as it was worrying me as I suppose does worry a lot. The whole idea of going to court is daunting but I HAD hoped, it was more of what you had described.

I questioned several times that surely a 'layman' would not have to justify everything and know every in and out of the law.

I think all these forums are brilliant in that we gather strength and brilliant information from all who provide but end of day..... if my car turbo engine failed (for whatever reason) would I have to go to small claims court and argue to the dealership about sprocket valve 6 was rubbing on the crank valve 7 etc etc and this caused.......... hope you get where I'm coming from.

Would love to have your opinions on my details but I can't see a PM option for you

Anyways, thanks again

Thanks for all that info but im led to believe this is not the case in Scotland.
As far as im aware, i WILL have to stand up in a small court. It wont be sitting round a table im afraid in Scotland.
I wish it was