FlyerTalk Forums - View Single Post - Need advice: has anyone ever sued a FOREIGN air carrier in USA small claims court?
Old Nov 21, 2001 | 6:04 pm
  #7  
thesilb
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Well, I cannot opine as to whether AC is ethical or not ethical because I have never had a dealing with them outside of the current transaction. However, I can say that i think they are handling THIS transaction unethically.

Here are more details.

I did find those 5 LLCs. I mailed my refund, as directed by Air Canada, via Registered international mail on 9/5/01 to Calgary. They told me to use Registered so there would be no problem with the ticket getting lost in the mail. When I had not heard from them in over one month, on 10/8/01 I did two things: I sent an email to the refund services office and a fax to the customer solutions office. I did not receive any reply to any of those two contacts either. I tried to get a phone number for a live person but I was unable to actually reach a human being. I could only get email and fax numbers.

Therefore, on 10/15/01, I filed a small claims suit in California, listing 2 defendants: one of the LLCs (Air Canada 1995-15-NB, LLC), which I did find a proper CA agent for service of process for, and also Air Canada corporation, and I served this to CT Corporations Systems, which was the LLC's agent and is the agent for about 50% of foreign corporations doing business in California. (CT is also Air Canada Crop's agent in the Wash DC jurisdiction). I knew pretty much for sure this was bad service for the Corporate entity, but I figured I would give it a try because it only was another $7 on my filing fee.

CT returned a letter to both me and the court saying service on the Corporate entity was improper.

The suit being next week, I took one last try to settle. I wanted to contact Air Canada's office of corporate counsel, but I was not successful in getting a contact number, fax or email to there. Therefore, I sent (i) another fax to customer solutions and (ii) a fax to the Ombudsman.

The Ombudsman's office replied that they could nto assist me, since I never received a final disposition from customer solutions! (Pretty clever - one arm refuses to answer my correspondence then the other says I can't be assisted because I don't have final disposition from the first arm!).

I did not receive a reply from customer solutions (but, see below).

Next, I receive a call today from Bank of America's corporate counsel's office telling me that Air Canada 1995-15-NB LLC has nothing to do with Air Canada, it is a Bank of America entity which holds the debt for a leveraged lease on one Canadair regional jet. I believe this to be correct and ethically, I had to agree to dismiss as to this defendant.

I am therefore left with one defendant with no good process and another which is basically not the entity I was in privity with. I have no evidence that the LLC entity is a sub of the Corporate entity. In fact, Bank of America faxed me documents which seem to show otherwise.

That's when I cam to Flyertalk. I am trying to figure out who the hell I can get my money from.

My local small claims says I cannot long arm a corporation into small claims in California. This seems bogus to me, but I'm not sure.

I should note that someone named Kim Swam from Air Canada also called me today. She told me she would "see what she could do." I am not sure if she is in the corporate counsel's office or not. She was not very nice. After all this, I would think they would bend over backwards just to give me my refund. I think she is going to take the position that since I sued and have no good defendant, I can go to hell.

They seem to be "mad" that I sued. What else was I to have done? They would nto help me.

I also filed a DOT complaint in this matter.

So any additional help is much appreciated.
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