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Resorting to court action over EC.261

Resorting to court action over EC.261

Old Mar 17, 2024, 11:53 pm
  #16  
 
Join Date: Dec 2022
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Originally Posted by Nikko5
Sorry to piggyback on this thread. Earlier this year I had three separate bookings for 3x separate passengers (bookings were all paid for by me) for a one-way Emerald flight UK-DUB, although everything was booked through the EI mainline website.

On the day, the flight was delayed for over 5hrs, for which I believe EU261/UK261 “trip in vain” applies, i.e. we no longer wished to travel and wished to receive a full refund. EI did this fine for one of the bookings, but deducted an “administration fee” from the refunds for the other two bookings. Despite me pointing out the inconsistency with the first booking (fully refunded as expected), EI are now refusing to budge as regards the other two bookings.

I have tried the CAA, but they have told me this is not a UK261 claim (I am also disputing this with them!) so will not take it on. It appears EI do not participate in the CEDR scheme, so I’m led to believe my only remaining option is the small claims court?

1) Can I use the UK version (money claim online) or would I have to use the Irish equivalent?
2) Is my claim against Emerald or EI?
3) Can I add the £35 court fee to the claim should I be successful? (To me it seems a clear cut case and I would be confident of success, unless anyone can spot any potential pitfalls!)

Thanks in advance for any advice.
1. You absolutely can sue in the UK.
2. Emerald. The Operating Carrier is responsible.
3. Yes. In the UK the £35 is added to your claim.
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Old Mar 18, 2024, 12:18 pm
  #17  
 
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Originally Posted by AviosTreasureHunter
1. You absolutely can sue in the UK.
As I understand it, you can only sue in the UK if you can provide an address in the UK where you can be contacted, and this can be difficult to provide if you don't live in the UK.
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Old Mar 20, 2024, 12:55 pm
  #18  
 
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Originally Posted by Im a new user
As I understand it, you can only sue in the UK if you can provide an address in the UK where you can be contacted, and this can be difficult to provide if you don't live in the UK.
That's true.
I know people who get around it by using rented PO boxes, their work address or addresses of friends and relatives.
But UK261 one definitely applies to an EU airline flying to the UK which EI DUB-UK would cover, or any flight leaving the UK which EI UK-DUB would cover.
Aer Lingus would need an address in England or Wales to be served at, but they do so that's covered to.
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Old Mar 20, 2024, 1:03 pm
  #19  
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If you take a case in the UK and win, it may not be straightforward to obtain payment on your judgement against a non-resident company.

Also, it's the passenger who must sue (and if filing online, each passenger must lodge their case separately, or it'll get struck out). Not the person who bought the ticket.
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Old Mar 20, 2024, 1:16 pm
  #20  
 
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Originally Posted by stifle
If you take a case in the UK and win, it may not be straightforward to obtain payment on your judgement against a non-resident company.

Also, it's the passenger who must sue (and if filing online, each passenger must lodge their case separately, or it'll get struck out). Not the person who bought the ticket.
All correct.
I have however had success in getting payment from Swiss, Wizzair and Finnair through MCOL.
​​​​​If they refuse to settle a CCJ, you can send bailiffs to their UK office or in extreme cases to the airport.
There was a case recently where bailiffs turned up at T2 and closed the Delta check in desks until a manager appeared to pay the £4000 CCJ via credit card.
​​​​​
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Old Mar 20, 2024, 1:43 pm
  #21  
 
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Originally Posted by AviosTreasureHunter
All correct.
I have however had success in getting payment from Swiss, Wizzair and Finnair through MCOL.
​​​​​If they refuse to settle a CCJ, you can send bailiffs to their UK office or in extreme cases to the airport.
There was a case recently where bailiffs turned up at T2 and closed the Delta check in desks until a manager appeared to pay the £4000 CCJ via credit card.
​​​​​
I do love those cases where an airline has blatantly tried to ignore their legal responsibilities and the passenger has taken action to defend their rights. I remember on one of those TV programs they turned up ready to seize an Easyjet aircraft at LTN. Amazing how quickly their accounts department issued a cheque.
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Old Mar 20, 2024, 3:09 pm
  #22  
 
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Originally Posted by DELLAS
I do love those cases where an airline has blatantly tried to ignore their legal responsibilities and the passenger has taken action to defend their rights. I remember on one of those TV programs they turned up ready to seize an Easyjet aircraft at LTN. Amazing how quickly their accounts department issued a cheque.
Me too.
Isn't it funny how quickly the corporate credit card is presented under such circumstances!
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Old Mar 20, 2024, 4:01 pm
  #23  
 
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Originally Posted by AviosTreasureHunter
Me too.
Isn't it funny how quickly the corporate credit card is presented under such circumstances!
That was the station managers own personal credit card in LHR for the DL case iirc.

There should be punitive damages payable to the victim if there's a unreasonable delay in paying compensation and all paperwork has been filed correctly. I bet the chequebook would come out right fast it it was 4x or 5x EU-261 if they delay beyond a certain timeline.
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Old Mar 23, 2024, 12:30 pm
  #24  
 
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Originally Posted by ChurnieEls
There should be punitive damages payable to the victim if there's a unreasonable delay in paying compensation and all paperwork has been filed correctly. I bet the chequebook would come out right fast it it was 4x or 5x EU-261 if they delay beyond a certain timeline.
Interest is payable if you pay too late. Also, it is not free of charge to send a bailiff to the airport and the airline probably has to reimburse the passenger for that cost.
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