Court claim against Travel Agent

[kudos1uk]

I am asking for a friend who needs some advice, hope someone has some insight.

 

My friend started a MCOL against a travel agent, at the 11th hour they asked for a further 14 days then again at the 11th hour they rejected the claim with a lot of false information that wont stand up in court.
They have marked every day until the end of Aril 2021 as unavailable.

 

What can my friend do, by marking every day unavailable they are clearly trying to frustrate the process but I don't know what he can do now.

Many thanks.

[AndyOrch]

You will have to upload a copy of the claimed particulars...a little history behind the claim and what was done leading up to the claim and a copy of their defence if you want and practical advice.

 

The defendant isn't really frustrating the process...they are allowed up to 33 days in total to respond to a claim...if a valid defence has been submitted.

 

Andy

 

Topic title updated 

[kudos1uk]

They have already responded with a defence but what I mean is they have marked every single day from now until the end of April and unavailable to attend court.

How can any company not be available at all for 6 months? To me this is a deliberate attempt to delay the process.

 

The background is the Travel Agent produced a new set of T&Cs mid pandemic and uploaded to their website, they have been applying the new T&Cs retrospectively to all bookings (including 2 of mine) that were booked in 2019.

I have won my cases as they were booked with credit cards and I could use a section 75. Unfortunately many people used debit cards and have been restricted to 120 days as section 75 is not open to them and they have to rely on a chargeback.
The defence is a load of lies about the T&Cs including and admin fee clause, it did not at time of booking.

 

[AndyOrch]

Quote

They have already responded with a defence but what I mean is they have marked every single day from now until the end of April and unavailable to attend court.

How can any company not be available at all for 6 months? To me this is a deliberate attempt to delay the process.

 

It wont delay the process...the court will direct that a remote hearing be held or possibly no hearing at all and will make judgment on the papers alone. If they dont attend or dont request permission to be absent then all the better for your friends claim.

[kudos1uk]

1 hour ago, Andyorch said:

 

It wont delay the process...the court will direct that a remote hearing be held or possibly no hearing at all and will make judgment on the papers alone. If they dont attend or dont request permission to be absent then all the better for your friends claim.

 

That is fantastic news, thank you for your advice.