Crastonts

Go to small claim courts.

Crastonts

Go to small claims court, really easy using MCOL in the UK. You should sue them according to the information here: https://find-and-update.company-info...mpany/BR016123.

Often1

Isn't there an automatic stay in effect due to the bankruptcy?

HanDaniel

Thank you! Is this the address that they are registered in the UK? Unfortunately, we have tried the path of charge back, the Halifax was not very helpful, even though tickets were bought using a credit card.

Eastbay1K

There would be an automatic stay in the USA. No idea what ancillary proceedings might be going on in the rest of the world.

Often1

I am fairly but not absolutely certain that the UK is one of them. Thus, my question to the suggestion of MCOL.

Crastonts

Correct, you can sue them using that address. That said, as other people point out, an interesting battle might ensue if Aeromexico's lawyers try to argue that the US Court has in rem universal jurisdiction, and if you lose you'd need to be prepared to go all the way to the High Court or the Appeals Court (i.e. be prepared to appeal if you lose at the Small Claims Court).

Therefore, I think you should issue Halifax with a statutory demand for a reimbursement under Section 75 of the Credit Card Act, and not a chargeback (be sure to explicitly utter the words "Section 75"). If they ignore you, ask for a letter of deadlock and present a formal complaint at the Financial Ombudsman against Halifax. As tedious as it sounds, it might be easier than going the legal route.

Mama

I am just curious how much your AM ticket is for this ticket from UK to Cancun?

Often1

The question really is whether there were ancillary proceedings filed in a given jurisdiction, thus obviating the broader issues. Those proceedings do not necessarily mean that one can never collect, just that timing may be affected and, as others note, depending on when you purchased, how much you will see.

All a good reason to always pay with a credit card.

HanDaniel

We filed a court case against Aeromexico, the court gave the airline I think plenty of time to respond. They have not replied to the court in the time bracket. So now, the airline is legally obliged to refund us, however, we have no idea whether the airline will ever respond to anything. Next week is the deadline, I am really interested to see what will happen

Crastonts

Which country is this?

And if this is the USA, when did you buy your tickets? After or before the Chapter 11 Bankruptcy declaration?

Often1

If this was the US and the tickets were purchased pre-filing, it is inconceiveable that AM would not have notified the court of the stay and that would have been communicated to HanDaniel. Thus, it's either not US or there is no stay affecting this case.

Crastonts

My bad -- I completely forgot you said this was in the UK.

The second after they fail to respond (within the time frame offered by the court), go to MCOL and request a default judgement.

Afterwards, get some High Court Enforcement Officers (NOT County Bailiffs) and enforce the judgement.

Please keep us posted.

HanDaniel

Hey! Sorry for the late reply. Yes, it is in the UK. Will keep you guys updated for sure!

Crastonts

Hey there. Do you have any updates on this?

I checked the Registry Trust and AM is starting to get some CCJs, but they are not honoring them (shocking I know). Did you have luck getting your CCJ and enforcing it with HCEOs?