Using the European Small Claims Procedure

Can we have a separate thread for this? I've waded through 15 pages of the Ryanair thread to try to find out how to claim. Maybe people who've used it can contribute here?

In my case, I need to use it to get Iberia to acknowledge a judgement in my favour from AESA, the Spanish regulator. My delayed flight was from Madrid to Panama, so it's been more tricky to manage with not taking off or landing in the UK.

I've visited the ESCP website, but some practical advice and experience would be helpful. Particularly involving filling in the forms in the language of the country, if you needed to, and submitting them and any other documents (such as my AESA judgement).
Was it simple? Did it work for you? Did the airline pay up if the court ruled in your favour?

Thanks.

Comments

  • sclare
    sclare Posts: 64
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    First question: If one's claim is against a foreign airline, is the case heard here in the UK, or in the airline's country?
  • Tyzap
    Tyzap Posts: 2,112
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    Dr Watsons very informative guide found here...

    http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=569
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • [FONT=&quot]I don't know the circumstances of your case but, if it's any help, I would suggest that the ESCP does not need to be intimidating and - in my experience with a claim against Ryanair - it does work.

    So if you have a sound claim then don't be afraid to go with it. In Scotland we go through the Sheriff Court system; I believe it's the County Courts in England & Wales. There is a fee to pay up front, of course, but this is refundable if you win.

    You need to be organised, fill in the forms carefully and present your case clearly; stating relevant regulations where appropriate. You don't need to use a language other than your own. As others have noted, Dr Watson's excellent guide is invaluable. Templates are available and, if you have any questions, then post back to the forum and I'm sure you'll get good advice.

    Good luck!
    [/FONT]
  • sclare
    sclare Posts: 64
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    Thanks for the encouragement. Presumably having already had my case judged and found in my favour by AESA will help?
  • I would imagine that the AESA determination can only help your case. If it's in English then well and good; if it's in Spanish then a translation - even a Google one - might be a good idea and could help the Sheriff/Judge in their deliberations.

    NB: My previous reply suggested that language shouldn't be a barrier, but I was forgetting that - since I was dealing with Ryanair - there was no problem in that respect.

    In my case, I presented the evidence and documentation to the Sheriff Court, and a citation was duly sent to the airline in Dublin. They were invited to respond but simply failed to do so within the time limits allowed and, in due course, judgement was awarded in my favour. The airline was advised by the Court and I was subsequently contacted by their legal representative in the UK who arranged for payment to be made.

    Fairly painless, other than getting the material together, filling in the forms and so on. If you decide to go ahead then I hope it goes well...;-)
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