Court success thread

A question about : Court success thread

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Best answers:

• Will you include cases where it is due to go to court and the airline settles on the steps? If so then Droylie's case is worth a mention: https://forums.moneysavingexpert.com/...&postcount=279
• Surely some more people have court dates by now?
• I have received notice of issue this week. No date as yet. TC have until 26th May to respond
• Ryanair have got until the 28th of this month to reply in my case. Not heard anything back yet......
  I'll keep in touch.
• I got a court date for June, Thomson called yesterday and settled. Offered a lower offer first which I refused, I did agree to forgo interest for full amount and costs which I thought was reasonable.
  My claim was another technical fault = extraordinary circumstances.
• Hi everyone,
  Not exactly a court success but i wanted to share.
  Court papers lodged against United Airlines with my local Sheriff court today And even better because I am disabled and my husband claims income support for us as family it was free of charges.
  Will keep you all informed of how it goes.
• Either people are not telling of their court successes, or the airlines are using stalling tactics or worse still - ignoring claims at their peril.
  I'm guessing that most claimants have jumped through the hoops set by the airlines, served NBA's, and are now waiting for court dates??!! Certainly hope to see a tsunami of results soon - even from those who are lurking. Come on!!
• I'd missed this post when it was originally posted, but another one where Virgin paid up after court procedures were started - https://forums.moneysavingexpert.com/...&postcount=176
• On 3rd/4th July 2012 my wife and I suffered a delay in excess of 3 hours due to a technical problem on a Monarch Airlines flight from Palma de Mallorca. The airline claimed the technical problem was an extraordinary circumstance and as such they were not obliged to pay us any compensation.
  The compensation sought was 500€ being 250€ each. Monarch Airlines refused to pay compensation so accordingly we submitted a claim via MCOL (Money Claim on-line) and attended Worcester County Court with a Monarch Airlines Barrister on 4th April 2013. Monarch Airlines submitted their evidence late and they 'forgot' to include a relevant page in the Judge's copy of evidence.
  Consequently the Judge ordered another hearing for June 4th 2013. Again Monarch Airlines failed to submit their evidence correctly. Monarch Airlines were again represented by a Barrister, Mr Virk. The Defendant was allowed to state the Monarch Airlines case first and to be quite honest it was completely lacking. I tried to interrupt as Mr Virk's statement included comments which were totally incorrect. The judge asked that I keep quiet and allow the Defendant to state the Monarch Airlines case.
  Following this I fully expected to be allowed 'my time inCourt' however the Judge then ruled before I could get a word in. He stated that the Monarch Airlines defence was completely and utterly incorrect and that a technical problem could not be regarded as an extraordinary circumstance. Accordingly he awarded us the compensation plus 5% interest thereon from the date of delay, reimbursement of our court and hearing costs, travelling expenses including car parking fees, an allowance for attending court and a loss of earnings provision in respect of my wife attending court.
  For various reasons I cannot release all the details due to the future involvement of two newspapers however there will be a press release within 24 hours where I will mention the people who assisted me (you know whoyou are) throughout the past 11 months. I still fail to understand why Monarch Airlines sought to defend a case they had no chance of winning and spent thousands of pounds instead of just settling the 500€ from day one. The fact they chose to do so I see as a bully boy tactic and I'm glad the judge agreed!
• Many congrats. Have you posted details of your technical problem previously?
  You win some, I lose some
• will you be selling your success story to the papers
• Message for 111KAB. Congratulations.
  Can you give a link to the Press Release when it is published. I am sure it will be of interest to many on this forum
• Good News.
  It isn't exactly a court success ,but yesterday we received a letter from Thomsons with an offer to settle.
  We have accepted on the proviso that the money is in our account by the end of next week otherwise we will be sending the documents for the hearing to the court.
  We haven't got everything we asked for but a good offer.
  We are puzzled why they did not wait for us to send the documents to them that we were going tor rely on in court.
  If you have a good case don't be put off by Red Herings like the 2 year rule and The Montreal Convention etc or other rubbish defences of Extraordinary Circumstances where it is clearly not.