Guide to Filing out N1 Form

Scorpio666

Hi Guys

Going to take the plunge and claim through MCOL with Thomsons, ive started to fill the form out, but doesn't anyone have a guide on how and what to put in the form as some things are not immediately obvious... im sure 1000s of people on here have done this, but is there a guide what to put in each section. Vaubans guide briefly covers it a little but not in detail as I want to get this right first time.

Many Thanks

Scorpz

111KAB

Firstly are you going N1 or MCOL?

Scorpio666

Hi

N1, as there is 2 of us, so I believe N1 is the way to go, ive used the guide here:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001a-eng.pdf

But obviously it doesn't confirm everything and for every situation, such as:

- Fee Account no - What is this ?

- Claimants - How you format it when there is more than 1 claimant?

- Details / Particulars of the Claim - Whats the difference between Particulars of Claim and Brief details of Claim?

- Value - As this is in pounds do you just add under the value section your working out for the exchange rate ie 1200 euros (2 Persons on long haul) x 0.85 (Exchange rate on delay date) and then put the total in pounds in the amount claimed. Ive read you put your interest working out in the particulars of the claim.

- Court fee - do you put the original MCOL amount based on the band of claim Plus your hearing fee in here?

- Legal representative Costs - What goes in here if your representing yourself?

- Human Rights - I Assume this is a No here.

- County Court Hearing Centre Section - I know its kind of obvious to pick one
local but is there any that are better at dealing with flight delays ?

- Statement of Truth Name of claimant’s legal representative’s firm - What do you put here if again representing yourself... is it a N/A or do you put something else. ? Again in position held what goes here ?



In Relation to Thomsons what is there service / main address for this, is this correct:

Thomson Airways Limited
TUI Travel House,
Crawley Business Quarter,
Fleming Way, Crawley,
West Sussex,
RH109QL

Also is this the same address for the Defendant’s name and address for service as when sending LBA this was:

After Travel Customer Support,
First Choice Holidays,
Wigmore House,
Wigmore Lane,
Luton,
LU2 9TN

Ive tried to search the forums but it would be nice to have this in one place to make the process a lot smother for people.

Many thanks for everyone's continued efforts, help and team spirit.

Scorpz

howticklediam

From what I remember:

- Fee Account no - What is this ?

This is if you have an account, i.e. you're a solicitor and you take a lot of people to court, so NA

- Claimants - How you format it when there is more than 1 claimant?

Put both names. Make it fit.

- Details / Particulars of the Claim - Whats the difference between Particulars of Claim and Brief details of Claim?

Particulars - what you are claiming: compensation for flight delay under EU Reg 261, and how much including court fee and interest.
Brief description - circumstances, what happened, but it only needs to be brief, if they defend you will have chance to go into more detail later in your reply to defence.

- Value - As this is in pounds do you just add under the value section your working out for the exchange rate ie 1200 euros (2 Persons on long haul) x 0.85 (Exchange rate on delay date) and then put the total in pounds in the amount claimed. Ive read you put your interest working out in the particulars of the claim.

Yes, pounds, then put the numbers in here, including N1 claim fee. There's a judgement about when the exchange rate and interest apply, Blake v Easyjet at the Liverpool County Court, interest 8% from date of flight, exchange rate at time of making claim.

- Court fee - do you put the original MCOL amount based on the band of claim Plus your hearing fee in here?

No, N1 fee is usually a bit higher than MCOL, you can look it up, depends on amount claimed, not hearing fee that comes later as there might not be a hearing if they pay up.

- Legal representative Costs - What goes in here if your representing yourself?

NA

- Human Rights - I Assume this is a No here.

Don't know.

- County Court Hearing Centre Section - I know its kind of obvious to pick one
local but is there any that are better at dealing with flight delays ?

Local, unless you want to spend a day travelling for the hearing. Liverpool is where most are heard and have the most experienced judges, so if you live there, choose that.

- Statement of Truth Name of claimant’s legal representative’s firm - What do you put here if again representing yourself... is it a N/A or do you put something else. ? Again in position held what goes here ?

NA

Scorpio666

Thanks a lot for this, clears up a few things for me... i may have more questions as i clean up the form ready to send off, but this gets me through the bulk of it.

I was hoping it would be exchange rate from date of delay, when you say date of claim you mean this N1 form date or date of first letter sent asking for the compensation back near the delay date ?

Thanks

Scorpz

111KAB

Use exchange rate on day of delay.

Scorpio666

Great thanks...So in the amount claimed Box, do I just put the 2 x €600 x (Delay date Exchange rate) so roughly £950-1000 without the interest (which will be added to the Particulars section)

Or

Do I add on the interest (Showing the working in Particulars section and add it to the above and put it in the Amount claimed....?

Also finally what would you put in the brief description, that already wouldnt be in the Particulars section. In the brief part would I put that i was just claiming for compensation for a delayed flight for me and my Fiancee leaving out any figures, dates, info, amounts etc, then put all this in the Particulars ?

Thanks Again Guys

Scorpz

Scruffywuffy

My brief description:

• The Claim is for compensation under Regulation EC No 261/2004.
• Interest pursuant to Section 69 of the County Courts Act 1984.
• Costs.

4. The claim is for payment in a specified foreign currency.
5. The compensation is calculated in Euros as it is under Regulation EC No 261/2004.
6. The Sterling equivalent of the sum at the date of the claim is £887.56.
7. The Sterling equivalent was worked out using the Post Office exchange rate at www.postoffice.co.uk (paragraph 25 of attached Particulars of Claim).

For the Claimants (my OH and me) I did:

(1) Mrs Firstname Middlename Lastname of Address
(2) Mr Firstname Middlename Lastname of Address

I work in a law firm and had mine thoroughly checked before sending !!!

They settled but wouldn't pay interest plus quibbled my exchange rate - I couldn't be bothered to argue so accepted.

ETA - the formatting has gone strange from where I copied it but obviously I didn't have bullet points then 4-7 - it was numbered 1-7 !

Scruffywuffy

And from my PoC:

The Claim
1. Under Regulation EC No 261/2004 compensation falls to be paid as a result of a delayed flight. In the Judgment in Sturgeon and Others (Joined Cases C-402/07 and C-432/07), the European Court of Justice found that passengers whose flights are delayed may be treated in the same way as those whose flights are cancelled as regards their right to compensation. Thus, the Court held that if passengers reach their final destination three hours or more after the time originally scheduled, they may claim fixed compensation from the airline, unless the delay is caused by extraordinary circumstances. This was reconfirmed by the Court (Grand Chamber) in their Judgment in joined cases TUI Travel and Others (C-581/10 and C629/10) in October 2012.
2. The Claimants therefore claim €600 each, plus interest at 8% per annum in the sum of £37.05 from 10 December 2014 to 22 June 2015 plus continuing interest at a daily rate of £0.19 until judgment or sooner payment. The Claimants are also applying for the reimbursement of their court fees and hearing costs, and for their reasonable costs for attendance in court.
3. The Claim is for payment in Euros under Regulation EC No 261/2004. The sterling equivalent of €600 as at 22 June 2015 was £443.78 at the exchange rate of €1.3520 = £1 sterling, quoted by the Post Office at www.postoffice.co.uk.
And the Claimants claim:

i £887.56;


ii Interest in the sum of £37.05 calculated from 10 December 2014 to 22 June 2015 plus continuing interest at a daily rate of £0.19 until judgment or sooner payment; and


iii Costs

howticklediam

Scorpio666 wrote: »

Thanks a lot for this, clears up a few things for me... i may have more questions as i clean up the form ready to send off, but this gets me through the bulk of it.

I was hoping it would be exchange rate from date of delay, when you say date of claim you mean this N1 form date or date of first letter sent asking for the compensation back near the delay date ?

Thanks

Scorpz

Date of claim is the date on your N1.

The precedent has been set that exchange rate is at the time of the claim. You can ask for what you want but may end up arguing/negotiating. It's hard for them to argue against a previous court ruling http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp.

Scorpio666

Ok thanks, using todays exchanges rate means im £160 pounds worse off... its a shame really as I wanted the money back then and would of had it if they gave it at the time of filing the letters for the compensation. Not sure whether to go with date of delay. Hmmm

With regards to the amount claimed box on the N1... is this the amount including interest or just the 2 x €600 in £s without the interest?