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Correspondence being ignored by Montenegro Airlines
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berwil
Posts: 3 Newbie
Our flight from Gatwick to Tivit was delayed for nearly 4 hours Sept 13. I have now written twice to Montenegro Airlines using the MSE template but am being ignored. What to do now? Any suggestions?
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Comments
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Have you manage to talk to them or they just kept ignoring you? I didn't even know that Montenegro has an airline.0
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What address are you using?
According to companies house their registered office in the UK is:-
C/O Ana Posch
Flat 3
133 Hamilton Terrace
London
NW8 9QR
Strange address I know, but that's what it says.
BTW you'd also be quite entitled to issue court proceedings at that address.0 -
I do not believe the airline has any physical presence in the UK, just a general sales agent. I suspect they ignore claims under EU261 on the basis that no one is going to sue them in Montenegro which is itself not part of the EU. This is one of the disadvantages of booking with a small(8 planes I believe) non EU airline, not sure whether a no win no fee company would take it on but if all you are getting is silence, it might be worth asking.0
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Rule 6.9 of the Civil Procedure Rules is helpful here, because it allows you to serve a document (letter, NBA, court papers etc) on:-
Any place within the jurisdiction where the corporation carries on its activities; or
any place of business of the company within the jurisdiction.
The airline might not like you writing to the UK address, but it's completely allowed.
Also, that's the great thing about issuing court proceedings, if they carry on ignoring you then you can request Judgment after the 14th day.0 -
Very posh residential address but the airline has just registered a branch of a foreign business there and no accounts filed, ever. I very much doubt if you got judgement, that there would be any assets that could be identified as belonging to the airline, poor Ana presumably acts as a post box and sends everything home to Montengro but best of luck0
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I'd give it a go if there was demand (I've got a test case with Small Planet at the moment because demand was high).
However, I can see that in the last 4 years only 6 people have ever asked EUclaim to deal with a claim against Montenegro Airlines, so it's simply not worth the time and effort.0 -
Might be worth a look on the Land Registry site to see who owns Flat 3 Hamilton Terrace I suppose.0
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Most of the property is rented, at very high prices, the owner is unlikely to be the soon to be famous Ana Posch and I doubt a landlord would be too keen to deal with a claim against a business he has never heard of. Of course if Ana does indeed own it, in which case she is very, very wealthy she might want to just get rid of you by paying you, but don't count on it0
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