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Delayed Flight Compensation Court Claim issued


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Hi All,

 

Just to update since my last post have received a payment from AA, hopefully my e-mail reply makes clear what has transpired.

 

Dear *************

 

Thank you for the payment of £221.21 received into my account on the 16th May 2016.

 

I must, however, remind you that this claim involved two flights, therefore the total due was £446.42, this was clear in the original claim and was also reiterated in my e-mail accepting your offer 1st April 2016.

 

As you are aware this claim and claim number ********** are now the subject of a county court claim and whilst I will accept the payment of £221.31 as partial settlement legal action for the balance of £508.42 will be continuing.

 

Yours faithfully

Nosnibor

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Hi,

 

Latest update, today (just prior to the deadline) AA have submitted a defence, MCOL shows the following.

 

American Airlines filed a defence on 03/06/2016

A bar was put in place for American Airlines on 03/06/2016

DQ sent to American Airlines on 03/06/2016

 

Please could someone enlighten me in particular with regards to “the bar”

 

Many thanks

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Hi,

 

Latest update, today (just prior to the deadline) AA have submitted a defence, MCOL shows the following.

 

American Airlines filed a defence on 03/06/2016

A bar was put in place for American Airlines on 03/06/2016

DQ sent to American Airlines on 03/06/2016

 

Please could someone enlighten me in particular with regards to “the bar”

 

Many thanks

 

Routine. It means you can no longer apply for default judgement (provided they follow the rest of the process, such as returning the DQ), which you would have been able to apply for if they had failed to file a defence.

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Hi,

 

Sorry for the delayed reply, been away working for a day or two.

 

Thanks Baza, so what is the next deadline I should be looking for, also at what point might I expect to see this “defence” it’s just that I claimed for 3 passengers on the flight, they paid for one but not the other two:???: so I can’t wait to see what tack they are going to try.

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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MCOL should forward a copy of said defence to you for consideration...you then have 33 days to decide if you wish to proceed to the next stage (allocation).

 

 

Andy

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Hi,

 

I have now been sent a copy of the defence together with a "Directions questionnaire (Small Claims Track) with instructions to return by the 20th June and serve a copy on all other parties.

 

I have completed the DQ obviously agreeing to mediation do I need to send these by recorded delivery or am I safe with proof of posting?

 

I will post up the defence over the weekend, it utterly fails to address the particulars of claim and I think may even be an abuse of process.

 

Thanks

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Proof of posting will suffice nosnibor

We could do with some help from you.

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Morning,

 

I have attached my original POC and AA's defence.

 

Always grateful for any advice/guidance

 

Thanks:-)

 

Well, they have admitted to owing one X €300 and paying one.

They have neither admitted nor denied owing the other 2.

 

If they had denied owing the other two, they'd have had to say why and the court has to judge who is correct.

 

Since they haven't denied owing the other two, the burden is on you to show your proof why they do owe it (so, the tickets, the EU reg, and the fact it was delayed). They then shouldn't be allowed to start arguing why that isn't correct ; if they had wanted to do that they should have denied, and stated their reason.

 

They might try saying "the LBA letter sent was for one ticket, which we settled", but then you point out the letter noted multiple travellers, as did the POC.

 

I'm surprised they didn't try to go down the "he isn't one of those travelling and he isn't entitled to claim" or "one of the passengers is a minor, and needs a litigation friend" routes, but if the defence was only lodged at the last hour maybe it got overlooked and worked on at the last minute?

 

They shouldn't be allowed to come up with new lines of defence now : (such as why they don't owe the other two X €300) - that was what submitting the defence was for!

 

I'd say you have them 😃

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To use MCOL it states:

Claims issued via MCOL can only have one claimant – if you need to issue a claim with multiple Claimants (for example, on behalf of a couple), please contact the County Court Money Claim Centre (CCMCC).
It might be that the sol for the airline has jumped on the fact that only one claimant per claim when issuing via mcol and therefore the claim has been settled.
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Depends who purchased the tickets ? The contract is with nosnibor if it was he...one claimant one loss.

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Not for flight delay compo claimed under EU261, it's to compensate the individuals who were actually delayed regardless of who paid for the flights. It's been a while since I did a flight compo claim so not sure if things have changed but when I last looked at the procedure, it was to go the N1 paper route if the claim involved more than 1 passenger (claimant) as each claimant needs to be named on the claim form (not within the PoC) and MCOL only allows for 1 claimant. If any claimant is a child then to also complete form N235.

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Ah okay ...well I'm sure a court would not expect a litigant claimant to be aware of that and will judge on the merits of the claim.

 

If there is a problem its easy to add the parties to the claim.

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It would seem my ducks are not quite as in a row as I thought.:|

Should I withdraw this claim and re-issue for the other two flights on an N1

Thanks

Nosnibor

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Who purchased the tickets ?

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Then Mrs. Nosnibor's should have been the claimant.

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Speak to the Court...they will advise you make application to add/remove parties/claimants.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a#2.1

 

CPR 19a (PD 2.1)

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Spoken to the court and it will cost me £100 to substitute the claimant, so on that basis probably more cost effective to let this go and re-issue using N1.

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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You will have to discontinue the original claim and serve notice on the defendant.

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You will have to discontinue the original claim and serve notice on the defendant.

 

Are there any costs implications to a discontinuance that might influence if the OP chooses to discontinue or instead vary their original claim?.

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If the Defendant hadn't paid prior to you issuing Court proceedings I don't see why you need to file a formal notice of discontinuance.

 

A letter to the Court advising that the matter has now settled should suffice.

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