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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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As a person suffering with MS, I booked assistance on a return

Resolved Question:

As a person suffering with MS, I booked assistance on a return flight to Australia April last year. When flight landed late it was unable to connect to terminal at Heathrow. I was forced by the actions of BA staff to use steps to disembark, and further assistance failed completely after that. I was exhausted, humiliated and spent almost the whole of 2013 recovering from the after effects of this incident. I have had lengthy correspondence with both BA and Omniserv, and have been offered what I consider derisory compensation. Is there anything I can do through the legal system at this late stage?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to achieve please?

Customer:

I would really like to be offered some meaningful compensation for the humiliation and trauma this incident caused me.

Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

This incident happened on 1 May 2013, am I still able to take the matter to court?

Alex Watts : Yes you have 6 years to bring a claim.
Alex Watts : Does that help?
Customer:

My 'losses' are really in the humiliation and the physical and emotional trauma I suffered both at the time of the incident, and in the months afterward when I was struggling to recover from the physical effects of the extreme effort I was forced to make. I have letters from my neurologist stating that he feels my on going problems are as a result of this effort, otherwise it is just my word. Will this be enough for a court to look at my case?

Alex Watts :

Yes it would.

Alex Watts :

You can ask a Judge to assess damages.

Alex Watts :

Does that help?

Customer:

Thank you, XXXXX XXXXX process has been very helpful.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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