Huzar appeal

purple_icecream

Novice Angel & Co........Do we really need to write to the court to get the stay lifted? Wouldn't it be best to write to the airline first, to try and get payment to save both sides time and expenses of going to court?

NoviceAngel

purple_icecream wrote: »

Novice Angel & Co........Do we really need to write to the court to get the stay lifted? Wouldn't it be best to write to the airline first, to try and get payment to save both sides time and expenses of going to court?

Hi purple icecream,

Interesting post!

Just to give a bit more background, I and others have written to Jet2 issuing NBA letters, the last resort should be court. My particular case has been going on for more than 12 months now. I didn't expect or want that.

As to writing to the airline directly, this should not be done and would be highly inappropriate, when they have appointed a team of solicitors that they employ to act on their behalf messers Twobirds.

My case along with countless others are currently 'stayed' in the court system. Twobirds are currently contacting all claimants (myself included) asking if we would agree to a further stay pending the outcome of the Amsterdam case.

So I have to agree or not, that is the only question to be answered. I chose not to, others will do as they wish!

Regards,

NoviceAngel

PS I had to 'like' your post, it will give a few of the regular posters a chuckle! Even if that wasn't the intention.

PPS You're post got me thinking, how long has my case been going on, looks like I first posted way back in July 13. https://forums.moneysavingexpert.com/discussion/comment/62681338#Comment_62681338 if you're interested?

Vauban

purple_icecream wrote: »

Novice Angel & Co........Do we really need to write to the court to get the stay lifted? Wouldn't it be best to write to the airline first, to try and get payment to save both sides time and expenses of going to court?

If you have already started legal action, the best thing to do is to write to the court requesting the stay is lifted - whilst copying this to the airline. This gives the latter the opportunity to settle, without allowing them to control the process (the evidence on here is that airlines are not rushing to settle cases but rather are finding other opportunities to procrastinate).

I think the case of superowls is pretty illuminating: they proceeded with their legal action and were offered the full settlement, plus generous interest, just before they went into court. Do you think the airline would have offered that otherwise?

batman44

I have gone straight back to the court and copied in TC solicitors asking for the stay to be lifted. There has been a two week window for them to settle nothing as yet. I now wait for the courts decision. The airline have had enough chances and time so miss them out with more letters as the only thing they understand is court action.

if the airlines are going all the way to the last possible moment the courts will soon get fed up with them and rule in favour of the passenger without question.

NoviceAngel

batman44 wrote: »

I have gone straight back to the court and copied in TC solicitors asking for the stay to be lifted. There has been a two week window for them to settle nothing as yet. I now wait for the courts decision. The airline have had enough chances and time so miss them out with more letters as the only thing they understand is court.

Out of interest, as I don't follow all the other airline threads, is it just Jet2 that are asking for the 'stays' to remain in place? Have any other of the airlines jumped onto the Amsterdam case?

Cheers,

NoviceAngel

batman44

NoviceAngel wrote: »

Out of interest, as I don't follow all the other airline threads, is it just Jet2 that are asking for the 'stays' to remain in place? Have any other of the airlines jumped onto the Amsterdam case?

Cheers,

NoviceAngel

As far as i am aware it's just your case as i have not heard anything from others. Maybe other airline could be waiting to see what happens with jet2.com as they are still slow in paying out.

I think they know it will not happen but hey they suprise us all the time.

Vauban

Just Jet2.com that I've seen. But Monarch are reported to have sent a rather threatening letter to those who submitted a claim to them (not the court) to say a) they need time to consider claims in the light of this judgement; b) that they'll write again in six weeks with an update; and c) they'll sue for costs anyone who has the temerity to try to take them to court in the meantime. Nice.

NoviceAngel

Vauban wrote: »

c) they'll sue anyone who has the temerity to try to take them to court in the meantime. Nice.

Thanks for the info batman and Vauban.

Nice isn't it just - perhaps it's just me, if I received that from Monarch I'd be going straight down the Court route, the judge could award costs but in a small claims case this would be highly unlikely the only reason a judge would do so is if they thought that the claimant or defendant had acted wholly unreasonably and pursuing a complaint for compensation is hardly an unreasonable thing to do...

Shame on you Monarch

Jet2 have tried the same disgraceful tactic on me threatening an order for costs against me if I didn't agree to a 'stay' regards Huzar. I didn't agree but no more mention of costs..... Typical bully boy tactics I'm afraid

JPears

Oh yes seemingly aggressive tactics and intimidation from Monarch et Jet2 et les deux oiseaux par for the course.

DrA_Harrogate

I understand that Jet2 are asking all the Courts to 'stay' judgement until the outcome of the Euro 'appeal' or whatever it is. I wonder...


1. Will the various Courts talk to each other or just decide for themselves, resulting in confusion.
2. Does Mr Huzar now get his money or not, and if so would he have to return it in the event of the Euro judgement going the 'wrong' way?


I suspect we will end up with a fudge, where some faults are 'extraordinary' and others are not, and each case being judged thereby. But then what do I know?


AS