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Hi guys ,
Firstly thankyou for the invaluable reading that this site has provided in helping my situation .Ba left us stranded in Spain in September with our newborn son (a computer glitch meant they couldn’t check him in) so we either left him or made alternative plans to get home , no help , no customer service, easyJet came to the rescue .
Issued against them via MCOL the next day as I was seething frankly .
Judgement obtained – CCJ obtained .
Now the question is how do I enforce it? Who do I write to give them the chance to pay the CCj before I escalate ? Head office ? Or does anyone have a contact that may help expedite things.
Thanks in advance .
What a horrendous situation, thank goodness you were somewhere where alternative flights are plentiful.
Did BA attend the hearing or make any kind of submission? What did you claim for and what have you been awarded?
You should contact the Legal Dept at Waterside- actuall address available on the BA website
But something puzzles me in how did you get a MC|OL judgement so quickly? Other cases are taking monrhs.
And also seems puzzling that BA didn’t ask for an extension.
Thanks for the reply guys .
I claimed for our original flights (return from Gatwick )
Our easyJet flights on the day – we got lucky to get seats on the last plane that day- but we spent 10hours in Alicante airport with a 6 week old .
And I stuck expenses and a claim for Inconvenience on aswell. Totalled £2750.We issued online to their head office – nothing heard at all – for default judgement then requested Ccj which arrived about 2 weeks later .
I was so pi*sed off given the situation I just wrote the (truthful) version of events , no supporting documents (I assume they d fight it so saved it all up for when needed ) but no they didn’t even try apparently .
Issued 21st September – they had Til 10th October – then requested Ccj straight after the 10th . Came through about a week ago.
I’m afraid it’s a bit of a mistake to rush into applying for a default judgment and whatever you do, don’t now rush into any enforcement proceedings. The fact BA didn’t respond to your claim by filing an AoS or a Defence suggests they didn’t receive the claim as it is exceptionally unusual for BA to ignore any claim let alone a sizeable one.
You need to write a hard copy letter by Special Delivery (so as to be certain of a signature vs Signed For which is unreliable) enclosing a copy of the judgment and order asking BA to pay within fourteen days [set it out as 4pm on a specific date 14 days after delivery, allow for weekends) to your account XXX failing which you will take enforcement proceedings without further reference and notify the CAA of BA’s failure to comply with the order. Copy that by email to BA’s Head of Legal as soon as you have delivery confirmation which you should note in the covering message.
As it’s a large sum BA may either respond by paying but they are more likely to apply to set aside the judgment, an application that’s quite likely to be granted unless you took steps to serve or notify BA of the claim. Whether you should oppose that application is questionable.
Well @Jamesyi this has made my day.
With such a short time between you submitting your MCOL claim and then getting judgment by default, based on our observation of BA’s behaviour on here it was clear BA was maybe understaffed in the Legal Dept at that time, so simply overlooked your claim. Possibly they were well aware but had to choose which of many claims to work on. So decided to do their usual thing of hoping it would go away and only reacting if it didn’t.
Congratulations for not going away but now I’m sure @JDB is absolutely right that they will now contact the court to say they were washing their hair that week (or something) and apply to have the judgment set aside. So you haven’t won yet, but it certainly sounds as though you will get something although more work will be required.
@JDB I’m not clear on why, in addition to the court sending official docs to BA that they’re being sued and inviting them to defend themselves, after that why should the claimant have to do it as well?Wondering also is BA likely to make an offer to settle, or could they be encouraged to do so now, and what figure would be acceptable.
Many thanks for your prompt replies again and sage words, I will follow the above advice and send off a letter tomorrow .
Now I’ve simmered down abit, i m certainly taking a more considered approach but I won’t be deterred.
It was an absolute liberty and at the time , as a frequent ba flyer and constant champion of their brand I was embarrassed for them , and had to put up with a ‘told you they aren’t that good’ from my missus for weeks after!
What email address did you specifically use when you did this?
We issued online to their head office – nothing heard at all
If it was some generic one then no wonder legal may not have gotten it and as @JDB says may allow BA to apply to over turn the judgement and restart the case.
What email address did you specifically use when you did this?
We issued online to their head office – nothing heard at all
If it was some generic one then no wonder legal may not have gotten it and as @JDB says may allow BA to apply to over turn the judgement and restart the case.
My understanding was it was issued by post to their head office . Don’t recall an email being used at all .
What email address did you specifically use when you did this?
We issued online to their head office – nothing heard at all
If it was some generic one then no wonder legal may not have gotten it and as @JDB says may allow BA to apply to over turn the judgement and restart the case.
Yeah but technically @BAFIS so far as I’m aware any reasonable email or other address for the company being sued will do.
@Lady London – the claimant has no obligation to do anything to serve the proceedings for MCOL but equally you really don’t want a default judgment so it’s really best to make sure the defendant is aware of the claim. If you do that, it would also make it likely for any set aside application to succeed. BA will always pay normal judgments, so you need to win your case properly. An awful lot of default judgments end up being pyrrhic victories.
Tx @JDB
My experience of taking our favourite ex credit card provider to MCOL was that service by email does not count unless you have the defendant’s explicit permission for that beforehand. You must send a hard copy of your claim and any additional particulars etc to their physical address. I’m not sure whether it’s enough to rely on the court doing that on your behalf, either.
I had exactly the same – no response, judgment in default (in hindsight I rushed into that too quickly), judgment set aside due to defendant claiming (successfully) that they hadn’t been served (despite their having previously acknowledged receipt of my docs – but as above, that didn’t count due to the formality of not having permission to use email). All sorted out in the end, but a bit of a faff.
My advice would be that if you’re not already familiar with the civil procedure rules and practice directions, set aside a nice big chunk of time and read the relevant bits thoroughly (and be prepared for some mind-bending / soul-destroying cross-referencing… 😉
My experience of taking our favourite ex credit card provider to MCOL was that service by email does not count unless you have the defendant’s explicit permission for that beforehand. You must send a hard copy of your claim and any additional particulars etc to their physical address. I’m not sure whether it’s enough to rely on the court doing that on your behalf, either.
I’m in the early stages of working out what to do to recover money owed to me by someone who has now moved abroad. Whilst I have his email address, I don’t know where he is currently living. I know his former home address in the UK, which is currently let out, and I know the address of his letting agent. I had assumed that the email address would suffice. Am I stuffed? Can you really escape your debts just by moving without leaving a forwarding address?
@Jon for MCOL you are entitled to rely upon the Court to serve the claim form which it does by post. Sometimes, the defendant doesn’t receive them, so while it technically doesn’t constitute service, if you send the claim form by email it is going to be harder for the defendant to make a successful set aside application if you can show that the defendant was made aware of the claim by various methods.
@louie MCOL claims do need to be served in the jurisdiction, so you need a valid postal address. There are potentially other routes – see CPR Part 6https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9
In the instance you describe, it may depend on the nature and degree of knowledge of the person you are claiming against as to whether you can get to them.
Just to update this thread – letter with copy of judgement was sent 9th and signed for on Friday 10th , used dhl, adult only signature .
Now I need to find an email address for someone in ba legal to send a copy of the letter to via electronic means .
Any help appreciated !
Just to update this thread – letter with copy of judgement was sent 9th and signed for on Friday 10th , used dhl, adult only signature .
Now I need to find an email address for someone in ba legal to send a copy of the letter to via electronic means .
Any help appreciated !
BA’s General Counsel is Andrew Fleming. I don’t think it’s appropriate to put people’s email addresses here, but you should find it quite easily.
Just to update this thread – letter with copy of judgement was sent 9th and signed for on Friday 10th , used dhl, adult only signature .
Now I need to find an email address for someone in ba legal to send a copy of the letter to via electronic means .
Any help appreciated !
BA’s General Counsel is Andrew Fleming. I don’t think it’s appropriate to put people’s email addresses here, but you should find it quite easily.
I was about to say – ignore me – found it!
Appreciate the reply nonetheless !
Regards
Hi guys and girls ,
Just to bring this full circle – cheque arrived for full amount of claim today from BA.
Thankyou to all the contributors who helped me get to this point , it’s been very much appreciated .
Regards
Hi guys and girls ,
Just to bring this full circle – cheque arrived for full amount of claim today from BA.
Thankyou to all the contributors who helped me get to this point , it’s been very much appreciated .
Regards
That’s a great result in quite short order; you must have written a good letter. BA obviously didn’t fancy paying £275 to set aside the judgment only to be back at square one.
Fantastic work, congratulations!
Good result for you @jamesyi, and thanks for updating this thread with your outcome, which will benefit others in future.
Interesting
Well done @Jamesyi you have made my day again. Thanks for coming back.
Hi guys and girls ,
Just to bring this full circle – cheque arrived for full amount of claim today from BA.
Thankyou to all the contributors who helped me get to this point , it’s been very much appreciated .
Regards
Brilliant news. Just a general q, will you be boycotting BA now?
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