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Court claim against Alitalia

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Hello

 

I need help to clarify a few questions regarding filing a claim against Alitalia.

 

I am in the process of filing a court claim against Alitalia because they delayed our luggage on a trip my wife and I did in July to attend a friend's wedding in Italy.

Alitalia delayed our luggage by more than 36 hours. All our formal wedding clothes and shoes were in that bag and so we had nothing for the two wedding events. Alitalia call center told us to go and buy replacement clothes and they'll reimburse us. we specifically asked if there was an upper limit and they told us (and told the hotel we were staying at) that there was no limit.

We spent the whole trip running from store to store to find suitable clothes for the two events instead of relaxing and enjoying our holiday! it was a nightmare. Also many stores close on Saturday afternoon, so we ended up having to go to the big brands for the shoes!

so when we returned to London we filed a claim with Alitalia to reimburse us all the additional cost incurred as well as reimburse us the cost of the airline ticket, hotel and car we booked since our holiday was ruined.

they initially refused to pay us anything, then they offered us 140 euros, then increased it to 200 euros after a long talk on the phone. When I informed them that I will be making a court claim, they increased their offer to 400 EUR, which is still far below the total claim amount.

 

I'm in the process of filing the court claim online where it says I have to write "A short statement (maximum 1080 characters) of what you are claiming for and why." and I also have the option to send "detailed particulars direct to the defendant."

 

The questions I have are:

1) what document do I need to send to the court or to Alitalia?

2) are there any legal forms I need to fill?

3) Do I need a solicitor or can I do it on my own? and what are the likelihood that I can win the case?

 

thanks a lot!

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Hi and welcome to CAG

 

Sorry you have been missed and also that I cannot help but I will alert the site team as to whether this may be better placed in the legal issues forum.


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Thread moved to Legal issues.


 
 

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The questions I have are:

 

1) what document do I need to send to the court or to Alitalia? Just draft your fully particularised claim on a sheet of paper quoting Claimant V Defendant Claim Number (MCOL) See CPR practice direction 7 e

2) are there any legal forms I need to fill? See above look for certificate of service

3) Do I need a solicitor or can I do it on my own? No and what are the likelihood that I can win the case? If you have suffered loss and can prove the quantum then you should be compensated to that loss/expense.

 

Regards

 

Andy


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Thank you Andy!

 

Just to confirm. I need to:

1. Complete the MCOL and get the claim number

2. Send all documents, evidence, receipts, copies of emails, etc... to Alitalia, referencing the MCOL claim number

3. File form N215 with Northampton County Court, and include all documents I sent to Alitalia

 

When I send the documents to Alitalia, is there a legal template/paragraph I could follow to inform them that a court claim has been made (other than referencing the MCOL claim number)?

 

-----

Practice Direction 7 e:

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –

(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(2) file a certificate of service in form N215 at Northampton County Court within 14 days of service of the particulars of claim on the defendant.

6.2 The certificate of service may be filed at the court by sending form N215 by e-mail to mcolaos @ hmcourts-service.gsi.gov.uk. However, the subject line to the e-mail must contain the claim number.

-----

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:thumb: Thats correct and no form just enclose a covering letter with header Claimant v Defendant claim number xxxxx court xxxxxx date

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