N1 form filling

catoutthebag

So Im not getting much help with this so i thought I'd open it to other more 'responsive' (lol) forumites

Hi everyone.

I've put my claim to the back of the 'to do' list for a few months, due to other things taking priority. I haven't kept up with recent developments - are they now asking for proof?

In the process of N1 form filling (as advised here, due to insufficient space entering both claimants' names onto the online mcol)

So, would be grateful if someone could help with the following so I can get it sent today or Saturday at the latest, now or never as there's £800 total in it!

1) when I sent off all the previous letters, it was under 2 years since the delay...when this N1 gets sent off, it will be just over the 2 years. Now that the 2 year thing is BS, is there any chance they will try to start on that (given the previous correspondence were under 2 years, and that EC had been stated as a defence)?

2) the N1 claim form has a circle with 'SEAL' written inside, in one of the spaces...is that like 'office use only stamp'?

3) can you continue writing onto another sheet of paper, or use the space provided?

4) there's 'brief details of claim' on page1 & 'particulars of claim (attached)(to follow) on page2 with double the space...when should the content in each include?

5) defendants name and addresses...which one do I use? Know there was 2, don't want to write the incorrect one.

6) 'value' on page1 - i) do I put that in euros or pounds, and if pounds, the value on the day of the claim or today, or an average? ii) do i put loss of interest in this bit too at 8% from the day of the delay (or day after) to today...because by the time the hearing is, or compensation is paid, the interest will be higher, so does the court recalculate this for you?

7) also on page1 is box with amounts..'amount claimed' (as per 'value'?), 'court fee' (is this £0 since it may not go to a hearing, or this the same as the application fee/cheque when the form is sent?), and 'solicitor fee' will be £0

FYI, the delay was just over 4 hours on 10th sept 2011, & looking to claim 400euro each, 800 total

Any clarification would be great so I can get this is pre-2years to avoid any other obstacles

jimcbob

My suggestions, which are obviously not advice and at your own risk!

catoutthebag wrote: »

1) when I sent off all the previous letters, it was under 2 years since the delay...when this N1 gets sent off, it will be just over the 2 years. Now that the 2 year thing is BS, is there any chance they will try to start on that (given the previous correspondence were under 2 years, and that EC had been stated as a defence)?

Yes, they may well try. Technically, you should not raise limitation issues in your claim but only in a reply if they are raised in a defence. However, given that a couple of claims have been struck out on limitation grounds, you might want to say: "For the avoidance of doubt and if it be contended otherwise, this claim is not time-barred because the claim is not subject to the 2 year limitation period set out in the Montreal Convention: see Case C-139/11, More v KLM [2013] 1 Lloyd's Rep 341".

2) the N1 claim form has a circle with 'SEAL' written inside, in one of the spaces...is that like 'office use only stamp'?

Yes, the Court will place its seal here when you issue it.

3) can you continue writing onto another sheet of paper, or use the space provided?

Yes, you can continue on another sheet of paper. However, the only part where this is likely to be relevant is the Particulars of Claim, and if you can't fit those in the box it would be better to have them all on a separate document headed with the title (i.e. Your name v Airline name) and "PARTICULARS OF CLAIM", and then use the "Particulars of Claim attached" option.

4) there's 'brief details of claim' on page1 & 'particulars of claim (attached)(to follow) on page2 with double the space...when should the content in each include?

In the brief details of claim, just say: "The Claimant claim [EURO [x] (being the equivalent of £[x] as of [issue date] *or* GBP [x]] pursuant to Art 7 of EC Regulation No 261/2004 in respect of the long delay of [flight number] operated by the Defendant on [date], together with interest under s. 69 of the County Courts Act at a rate of [x; usually 8]% until judgment or sooner payment amounting to [EURO [x] (being the equivalent of £[x] as of [issue date] *or* GBP [x]] as at date of issue and accruing thereafter at a daily rate of [EURO [x] (being the equivalent of £[x] as of [issue date] *or* GBP [x]]". You can then include the full details of your claim in numbered paragraphs in the Particulars of Claim.

I have put alternatives there for whether you claim in EUR or GBP - as to which, see below.

5) defendants name and addresses...which one do I use? Know there was 2, don't want to write the incorrect one.

Use the registered office.

6) 'value' on page1 - i) do I put that in euros or pounds, and if pounds, the value on the day of the claim or today, or an average? ii) do i put loss of interest in this bit too at 8% from the day of the delay (or day after) to today...because by the time the hearing is, or compensation is paid, the interest will be higher, so does the court recalculate this for you?

Assuming that the current exchange rate is more favourable, I would put the claim in EUR (being the currency in which you are entitled to payment under the Regulations) although you can do it in GBP. If you do it in EUR, you should state your value as follows:

"EUR [x] being the equivalent of GBP[x] as of [date; being the date of issue] at a rate of [x] source: [e.g. https://www.xe.com]. The sum is claimed in EUR because this is the currency of the sums stated in Art 7 of EC Regulation 261/2004".

You ignore interest and costs for the purposes of the value box: CPR r. 16.3(6). As set out above, when you put the interest claim in your brief details of claim and particulars of claim, you give the accrued amount as of the date of issue and a daily rate thereafter.

7) also on page1 is box with amounts..'amount claimed' (as per 'value'?), 'court fee' (is this £0 since it may not go to a hearing, or this the same as the application fee/cheque when the form is sent?), and 'solicitor fee' will be £0

Amount claimed should include your accrued interest - you will need to convert this figure into GBP. The Court Fee for the purposes of this box is the issue fee. Solicitor fee is £0.

I would advise you to take your claim form in to have it issued, rather than posting it, as then the court office will point out any obvious problems (hopefully!).

catoutthebag

thank you very much for that! will have a trawl through and get cracking!