Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you have travel insurance please ?
Alex Watts : I see it covers you for £100 - why did you not have a higher value insurance ?
Alex Watts : what is it you would like to know about this please a.
I have travelled world wide and I am in the aero bussiness and over 30yrs I have always managed to sort this out with the carrier if there has been ay difficulties.
I had presummed that my insurance would have been slightly higher but unfortunatly it is no.
Alex Watts : Ok, give me a second
We are where we are and I think that the carrier in accepting the luggage when they knew that the luggage would most likly be delayed have taken a responsibility to deliver the luggage. I need to know as per my letter what action I can take to recover the costs, is a small claims court the best way or is this just for legal purposes and would not be suitable.I see that the carriers are liable under EU and a Montreal law to pay a amount but getting them to admit liability seems to be impossible.
Alex Watts : You are entitled up to 1200 euros so that would work out to about £1000 or so
Alex Watts : You need to write and set out your losses and request a refund of £600 per person 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?
Can you state where in law the amount 1200 euros is stated so that this can be quoted.
Alex Watts : Montreal Convention
Alex Watts : Does that help?
Not really this is all basic stuff which iI have already done.
What I need to know is this suitable for a small claims court or will the fact that this is a Law issue mean it will be thrown out since the company will say that they were not at fault that BAA the luggage carrier was at fault.
Alex Watts : Yes it's suitable for the small claims court.
Alex Watts : Your contract is with the airline not BAA
Alex Watts : You sue the airline and the airline sues BAA if they wish to.
Alex Watts : You can't sue direct.
Alex Watts : Can I clarify anything else for you?
OK, that is what I thought, regarding who this is sent to , if its Iceland air would that be their UK headquaters, would the customer service area handle this or is there a specific dept I should aim at?
Alex Watts : Uk HQ yes. Customer services for any letter and just their UK Hq generally for any claim
Alex Watts : Claim issued for court that is
Alex Watts : Does that answer the question today for you?