Anyone used EU Claim/Bott & Co?

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  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    robrymond wrote: »
    Do we know when the Huzar judgement is taking place yet?

    I thought things had ground to a halt...but it is just a case of sitting and waiting.

    22/23 May.
  • liviboy
    liviboy Posts: 544 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Got the confirmation that my case has been "stayed"...the joys!
  • jp47
    jp47 Posts: 3 Newbie
    any news n anyone using this company lately and winning
    I am concerned about signing svn though I have the thread did anyone just pay they 27% and the 25 fee or did you get stung for more
    i don't know whether to sign or not
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    jp47 wrote: »
    any news n anyone using this company lately and winning
    I am concerned about signing svn though I have the thread did anyone just pay they 27% and the 25 fee or did you get stung for more
    i don't know whether to sign or not

    They seem to one of the better ones, as NWNF companies go. If not Bott, what's your Plan B?

    (Because I understand that Bott also take your interest, if awarded, the overall % of the amount they take from the total awarded by the court could be more than 27%: but you definitely get the 73% of the statutory entitlement.)
  • I have used EU Claim's services a few months ago.
    As shown in this thread, claimants have to read quite a set of legal bindings and financial acceptations. Also they transfer the cases to national groups which create even more emails, legal explanations etc. However in a whole it is straightforward, the claimant accepts that EUC will either win the case and in this case take 30% of the paid amount (not necessarily the claimed amount), or lose the case and in this case not charge anything. There is also a flat fee of 25 EUR.

    I have found that they could handle the case for me, given that I was already busy with another case. I would say as well that they allow passengers to check beforehands if they are entitled to a compensation without even contracting with them.
    They were quite efficient and seem to just start a very well known process.

    On the other hand, if I had to do it from scratch, I think I would take the airline (Easyjet) to the court myself.
    The process in the UK is relatively straightforward and it's easy to find inspiration on consummer forums, in order to write a letter before claim or submit the claim itself.

    Also, it's worth noting that EUC mainly claims the minimal compensation as per EU regulation. In my own case, I could have claimed a higher amount under the same regulation, and under national laws. I am pretty sure that a court in UK would have granted more than this minimal compensation. I would also have avoided the 30% solicitor's fee of course.
  • jp47 wrote: »
    any news n anyone using this company lately and winning
    I am concerned about signing svn though I have the thread did anyone just pay they 27% and the 25 fee or did you get stung for more
    i don't know whether to sign or not

    To give you actual figures, EUC claimed 500 EUR (416 GBP) on my behalf.
    At the end my wife and I received 365 EUR (304 GBP), which is 500 EUR less 27% of the payout. You need to subscract the admin fee of 25 EUR per passenger so the final payable amount to us was 260 GBP.

    Of course this comes from a satisfied claimant, but I don't think there's anything hidden in their fees honestly.
    I would only say that I could have presented the case to the court without them and obtained more, that's to say:
    - a higher claimable amount (compensation for delay, plus: cost of meal vouchers not delivered, cost of telephone calls not delivered, lost of income of 1 day for each, extra parking charge of 8 EUR etc)
    - no solicitor's fee.

    The 90% success of claims presented by individuals might in fact be not so far from the 90% success that EUC claims.

    The money obtained didn't even cover the lost of income caused by Easyjet. However apart from the financial compensation, I wanted to ensure that first Easyjet would be forced to pay and secondly they would be in the News.

    So it's more of a personal decision, either you put time and effort and take a relatively low risk, or you let them handle your case and they will likely come back to you with a (smaller) result.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    I would only say that I could have presented the case to the court without them and obtained more, that's to say:
    - a higher claimable amount (compensation for delay, plus: cost of meal vouchers not delivered, cost of telephone calls not delivered, lost of income of 1 day for each, extra parking charge of 8 EUR etc)
    - no solicitor's fee.

    ... The money obtained didn't even cover the lost of income caused by Easyjet. However apart from the financial compensation, I wanted to ensure that first Easyjet would be forced to pay and secondly they would be in the News.

    Firstly, well done on having the tenacity to take the airline on. I share your view that this is about principle, rather than anything else. And they way in which these airlines are seeking to evade their legal obligations to their passengers is still disgraceful, even if it is no longer shocking.

    Just one point of clarification, any case brought before a court would need to be based on Regulation 261/04. This does not set a "minimum" amount of compensation, but rather prescribes a clear prix fixe, depending on the distance and, if over 3500km, whether it was 3-4 hours delayed or more. You can also claim, as you say, for accommodation, meals, and telephone calls.

    However, others costs - such as loss of income or other consequential costs - cannot be claimed under 261/04. If you wanted to sue for these, this would constitute damages under the Montreal Convention. And that is a way trickier proposition, I think.
  • Hi Vauban,

    Sorry I didn't read earlier.

    I have mentioned the compensation as 'minimal' because most people (or should I say, most of the few people who are aware of their rights) will claim a compensation under EU 261/2004 and this will be for the fixed amount stated in Article 7 paragraph 1. They generally do not claim for the cost corresponding to the other airline's obligations (such as meals etc as you say). However, the point is that most of the time, when an airline just does not care about laws, if they owe you the main compensation they generally also owe you the rest.
    Also, in intricated but obvious cases of non-respect of regulations, I would be surprised that a judge does not grant you certain minor costs related to the main regulation's basis, for example the cost of a taxi implied by a transfer to a hotel.

    This is for EU law. In addition to that however, you can certainly sue a company under national laws. In the UK you have a number of cases explained in other forums such as CAG.

    Best regards.
  • TonyM19
    TonyM19 Posts: 138 Forumite
    First Post First Anniversary Combo Breaker
    Hi

    My latest update on the EU Claim portal says:

    22 April 2014
    We have recently drafted the necessary court proceedings and have sent these to the Court for issuing.

    We will update you again once we receive a response from the Court

    I appreciate that this is not all going to happen overnight, but exactly how far down the track am I with this claim? Weeks/months/years?
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    TonyM19 wrote: »
    Hi

    My latest update on the EU Claim portal says:

    22 April 2014
    We have recently drafted the necessary court proceedings and have sent these to the Court for issuing.

    We will update you again once we receive a response from the Court

    I appreciate that this is not all going to happen overnight, but exactly how far down the track am I with this claim? Weeks/months/years?

    Probably about 6 months, maybe a bit more? Though Huzar is the joker in the pack.
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