Small Claims Court - Ryanair

Lemonymoonlight
Lemonymoonlight Posts: 2 Newbie
edited 23 December 2022 at 10:25AM in Overseas holidays & travel planning
I put in an MCOL claim for £800 to Ryanair 14 days ago, as we were refused boarding on a flight for which they claimed we needed covid tests.  I have received this email today.
Dear Sirs,

We write on behalf of our client, the Defendant in the above matter.  

We refer to the claim form issued on 24/10/2022.  It appears to us that the proceedings have been started under the Online Civil Money Claims pilot scheme. However, the claim falls outside the scope of the scheme because the Defendant is legally represented (see Practice Direction 51R, paragraph 2.1 (3) (n) (i)). Our client wishes to defend the claim. We therefore give notice in accordance with Paragraph 10.1 (1) that the Defendant is unable to respond online, and we ask the court to proceed in accordance with Paragraphs 10.1 (3) to (5).

This sounds very official and I am not sure what to do next?  If anything?  Do I need a solicitor?  Any help, tips and suggestions would be very much appreciated.

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 9,193
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    This sounds very official and I am not sure what to do next?  If anything?  Do I need a solicitor?  Any help, tips and suggestions would be very much appreciated.

    You are going to court, it is official, dont let the vaguely modern online filing system make you think its anything but. 

    The first bit is bluster, the second bit is them saying they wont be using the system so will ask the courts to send them paper forms. As per 10.1(5) the court should inform you the date on which the paper forms are sent to the defendant. 

    If you choose to have a solicitor you will be paying for them from your own pocket win or lose. 
  • Pollycat
    Pollycat Posts: 34,493
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    This should be posted on this board:
    Overseas holidays & travel planning — MoneySavingExpert Forum

    (There is another board started at the beginning of covid 
    Coronavirus travel help & info — MoneySavingExpert Forum
    but it's pretty quiet now. The first one is your best bet to ensure you get more replies.

    Site feedback board is for

    Need help using the MSE Forum, or want to share feedback about how this website works?

  • Pollycat
    Pollycat Posts: 34,493
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    Just to point out that this has been moved to the very quiet Coronavirus travel board instead of the main Overseas holidays and travel planning board that I suggested.
    And it has had no replies.
  • Ryanair have disagreed with your claim and will be defending themselves in court.
    There are many countries which still require a negative covid test to enter. If you were flying to one of them, there's no way you're going to win here.
    Mortgage start date: 01/10/2021
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  • onashoestring
    onashoestring Posts: 1,631
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    edited 23 December 2022 at 8:51AM
    There is helpful information on the process here : 

    https://www.gov.uk/make-court-claim-for-money/what-happens-at-the-hearing

    To have a chance of winning your case will need to quote the relevant law that applies and 
    you will need evidence ( from Gov website for example ) that you did not need Covid test to enter the country on the dates you were due to travel .

    You can represent yourself or pay for a solicitor. If you are going to represent yourself you will need to research, prepare and submit your evidence to the court by the deadlines they give you .

    If you are correct that you did not need Covid tests at that time - Ryanair might agree to settle before the court hearing . However you need to be prepared to go to court as that is what you signed up to when you submitted your claim on MCOL . 

    @Lemonymoonlight Please report back and let us know the outcome .


  • silvercar
    silvercar Posts: 46,772
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    I've asked for this to be moved to the overseas travel and holiday board.

    In the meantime the advice you have been given is good.

    1. Don't be put off
    2. prepare to go to court
    3. They could cave at the last minute or fail to attend, on the other hand they could push this all the way so be prepared.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • eskbanker
    eskbanker Posts: 29,949
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    I put in an MCOL claim for £800 to Ryanair 14 days ago, as we were refused boarding on a flight for which they claimed we needed covid tests.
    Did Ryanair specifically assert that you needed Covid tests for your destination or simply to travel on their flight? The former would be determined by the health authorities at your destination but the latter would be within the airline's unilateral control.
  • CKhalvashi
    CKhalvashi Posts: 12,033
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    eskbanker said:
    I put in an MCOL claim for £800 to Ryanair 14 days ago, as we were refused boarding on a flight for which they claimed we needed covid tests.
    Did Ryanair specifically assert that you needed Covid tests for your destination or simply to travel on their flight? The former would be determined by the health authorities at your destination but the latter would be within the airline's unilateral control.
    Ryanair operated on national policies.

    I had a mix of requirements ranging from nothing to PCR plus vaccine during this time.
    💙💛 💔
  • Grizebeck
    Grizebeck Posts: 2,660
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    This is normal
    You logged the claim incorrectly so to speak
    However you need to do nothing else at this stage and you just follow court directions
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • sheramber
    sheramber Posts: 18,651
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    The OP has not logged on since posting a duplicate thread on 24 November and has not answered any questions.
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