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Old Sep 8, 2017, 11:28 am
  #136  
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Originally Posted by porky73
MCOL looks like fees at 2 stages: (1) Making claim and (2) Trial fees. Does the court also award costs? Why do you think BA won't defend the case? All in, I would be asking for somewhere near £1,000 for all the affected parties. What do I actually need to prove here, the implied value of various components of CW?
After you have paid the court fees, and so long as you aren't being obviously silly in your claim, that is effectively the cap on your costs. They don't award costs beyond the direct court costs that you paid, assuming you won the case, and perhaps photocopying. Legal fees on both sides are for own account. What you essentially need to prove on the balance of probability is (a) BA didn't provide what you paid for and (b) your valuation of the implied breach of contract is reasonable by way of recovery. BA would need to prove either you did in fact get what you paid for, or your valuation is over the top. Small Court claims tend to favour consumers in areas of doubt, but a judge cannot and will not go beyond the core principles of law.

I can see where you you got £360 from, but I thought only 2 seats were affected, so I don't see how you got to £1,000 after netting off what BA has offered you. There may be a case for going a bit under 1k rather than a bit over. However the judge may reduce anything considered too high, but won't increase anything that's too low. But you do need to have a clear logic, and you need to give BA a chance to fix this before MCOL. The EC261 thread will help you, though this isn't EC261. BA takes a pragmatic view on MCOL. It generally won't spend £1,000 fighting a £800 case since winning will still cost £1,000, losing £1,800, surrendering would be £800. But they won't surrender until a few days before the trial from what we have seen elsewhere.
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Old Sep 16, 2017, 3:47 am
  #137  
 
Join Date: Aug 2011
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I have been successful in claiming 50% of the ticket cost back through section 75, the 50% was the amount decided by the credit card company not myself
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