Small claims court lead

viola13

Brilliant, thanks again 

MyRealNameToo

A_Geordie said:

Good luck.

Just as an FYI, the charge for changing the lead passenger on the contract is a separate matter to legal proceedings. If the TUI legal rep ever suggested that this needed to be paid before they can speak to whoever is authorised to act on behalf of the group in the proceedings, this would more than likely breach the legal rep's professional regultory obligations - so don't pay it. 

I'd strongly suggest that they were referencing the N244 and its £308 fee to change the particulars of an inflight claim rather than suggesting the OP has to pay them anything. 

My knowledge of one claim form litigation is that each party must be dealt with individually and never heard of the  first named claimant in anyway being an automatic representative of the others. In the few cases where it was joint claimants, dealt with many more joint defendants, they were totally unrelated parties that just happened to have been in the same RTA. 

I guess with TUI there probably are more cases of the claimants being related and many are happy to have a singular contact but smells heavily of a junior para-legal mistaking common practice in their little niche of the world as being the norm or only way of working. 

A_Geordie

MyRealNameToo said:

I'd strongly suggest that they were referencing the N244 and its £308 fee to change the particulars of an inflight claim rather than suggesting the OP has to pay them anything. 

I agree, I pointed this out in an earlier post but was merely saying that if the paralegal was alluding to anything else such as the lead change of name under the contract, that had nothing to do with the present claim. 

I guess with TUI there probably are more cases of the claimants being related and many are happy to have a singular contact but smells heavily of a junior para-legal mistaking common practice in their little niche of the world as being the norm or only way of working. 

Your probably right, but I'd be interested to see if the legal rep is able to point to something or whether they simply accept that they should speak the OP's husband as the primary contact as I can't see it being time and cost effective to write to 9 separate individuals each time

viola13

We are in the process of replying, I will let you know. 

viola13

Just an update, we replied and she wrote back that it should be the first claimant on the form she dealt with but due to the time frame she would email my husband but copy my Dad in. Not received anything official. Not got much confidence in what she says anyway from past emails but at least we can reply now and we won't miss anything or cause my Dad extra stress. Just the court date to go now as can't see us agreeing beforehand. Thank you for all your replies

A_Geordie

viola13 said:

Just an update, we replied and she wrote back that it should be the first claimant on the form she dealt with but due to the time frame she would email my husband but copy my Dad in. Not received anything official. Not got much confidence in what she says anyway from past emails but at least we can reply now and we won't miss anything or cause my Dad extra stress. Just the court date to go now as can't see us agreeing beforehand. Thank you for all your replies

So as I suspected, they have done a 180 and have not been able to provide you with any concrete evidence to support their position that an application is to the court is needed? It sounds to me that this is more of a TUI policy position than an actual legal/procedural rule.

At least they are now willing to compromise, good luck with the claim.