Does it cost you to take a CCJ against them?

If you are on jobseekers/income support or on a low income there is no court fee payable on issue of the summons (you can get a leaflet about that from the court office). Otherwise you pay a fee according to how much you are claiming. If you are claiming a maximum of £300 for instance, the fee is £30, that is the lowest amount you can pay. If you phone your local county court, ask them to send a Form of Summns plus all the helpful leaflets including the one with a form to complete to prove low income so that you don't have to pay the court fee (best to mention that if you think you may be eligible).

It is important to write a "7 day letter" to the Company concerned before issuing a summons, one of the leaflets "Making a Claim" gives you a precedent for this. The leaflet "How To Make A Claim" tells you what to do, including how to claim interest and how to calculate it.

The court staff are very helpful to individual Claimants in my experience.
Also my experience with the District Judges who deal with small claims (anything under £1000 is a small claim) is that they bend over backwards to help individual Claimants. They know that some badly behaved corporates are getting away with murder in their way of dealing with consumer complaints.

You also have the full weight of consumer legislation behind you, even if you don't know all about it, the District Judge will. You can choose any County Court, it does not have to be local, my advice is choose a big court, like Croydon, they have the best judges and are quite up to date and good at dealing with telephone enquiries.

In a lot of cases, if you have a genuine case, the company will just file an admission and make a payment into court so you don't even have to fill in a form to get a judgement. If you apply for judgement, mostly it will be paid by the company by return. Thus far you will have been able to do everything by phone and by post, so no days in court!

Even if the company should decide to defend the claim, a hearing will be fixed within a few months and you and the Defendant just sit in a private room with the District Judge, no spectators! A lot of the time, the Defendant does not even bother to turn up, it is not worth the Company's while economically to send anyone along, if the claim is under £500.

So courage, mes amis!

Jan

Be aware this can all be achieved online by filing a case using the court service website here:
http://www.courtservice.gov.uk/mcol/index.htm

HTH

Van

I think was ME who first brought the online Court Service to the attention of the HT community in my long-running battle with Goldtrail. It is certainly a fast, easy and efficient method if you end up having to report to legal action.

Oh dear. Here we go! Are we really doomed to be a pseudo-American society that feels it has the right to financial compensation at all times and in all circumstances? Does the money really compensate? Especially if it is only a few pounds?

Why not let the courts and the legal system deal with really important matters and chalk some of your gripes up to bad luck or your inability to deal with a situation with more flexibility and a cooler head.

Yes, life is unfair, you don't always get what you expect. Sometimes you don't even get what you deserve, and that can be a good thing too .....

Well I thought than when you purchased a service that the company had a "duty of care" and its not very caring to shut people out of the terminal in bad weather.
While I might agree that to go the US way of suing for everything is not to be encouraged, often its the only way for consumers to get better services. At one time the customer was always right but now we have companies that don't even accept they got it wrong. We are left for ages hanging on phones at often exorbitant rates when we need to complain, only to have a disinterested customer service clerk spin you a line from a script promising a call back that never comes. If we allow ourselves to accept poor service, then that is what we will continue to get, by hitting them where it hurts, in the pocket, they just might strive to get it right next time.
Lynn

I don't think that you will find 'duty of care' in the terms and conditions of a travel company such as Hoverspeed who are simply offering you a space on their hovercraft between X and Y.

The occasion in question is documented on a separate thread, and is probably worth reading, and my views in my post are still my opinion.

If you were shopping at your local supermarket (assuming it wasn't a 24 hours one), would you expect them to stay open to shelter you if it was poor weather outside (or your local pub)?

I don't think 'duty of care' applies outside ABTA/ATOL bonded tour operators - certainly one does not associate this with Easyjet and Ryanair.

Ah Life

In the rare event that it can be shown that a professional service provider has used practices or procedures which fly in the face of common sense and "duty of care", that practice may be inviting a hefty compensation claim. Some lawyers are even advertising in retail magazines to encourage potential claimants.

The above was taken from a trade publication in the UK, not in the travel industry I admit but the facts remain the same.

If you were shopping at your local supermarket (assuming it wasn't a 24 hours one), would you expect them to stay open to shelter you if it was poor weather outside (or your local pub)?

The key phrase here is "local" you would not be put at the same kind of risk getting home locally as you would in foreign country, it would be possible to phone a taxi or call for other assistance that could reasonably be given, this is again not possible in the situation described in this complaint.
When was the last time you heard of an airport asking customers to leave in the event of a flight delay? Finally, what about foot passengers in this instance, they have no transport to hotels, which in the circumstances may even be all full up of driving passengers not able to travel, and small children, would you propose that family's are just thrown out into the night and bad weather to fend for themselves? I can imagine parties of OAP's or a school trip abroad left outside, exposed to the elements. If this is the trading policy of Hoverspeed, its not good enough and they deserved to be sued until they get it right.
Lynn

Dear Lynn,

Thank you for your comments, but I must draw your attention to a couple of points.

Firstly that the 'duty of care' was made in connection with goods and services other than those of the travel industry.

Secondly, although Calais is in France, not all Calaisiens are thick - they often speak better English than we do, and certainly those in the hotel, taxi or restaurant trade would be able to cope well linguistically - as would the local police if required. Calais is not really 'abroad' as in 'darkest Peru' as my childhood friend Paddington would say, and I really don't think that this should be a major problem for your average traveller who travels regularly to France as does the lady who started this thread.

Finally, although I agree with your point about airports, might I state that it is only recently that most airports have become 24 hour facilities, with flights departing 24H/24H. Hoverspeed, by the nature of the catamaran which is not a safe form of transport for travel in the hours of darkness or in certain weather conditions, eg high wind and swell, does not offer a 24H/24H service, and indeed has timed and fixed departure and arrival schedules, which are published both in their brochure and on the web. The last departure (as in this case) was already scheduled, and although the service did not actually run because of the bad weather, the terminal would have closed down for the night as on every other night after the service would have left. Hoverspeed would not have had the staff available for the security (and comfort) of leaving passengers in the terminal overnight, especially if they had already decided to fortify themselves with their 'liquid' souvenirs.

It's perhaps not 'fair',(and sadly, life isn't always fair), but it was not the fault of Hoverspeed ... and I certainly would not like to hold them (Hoverspeed) responsible for the weather or acts of God. Perhaps if all passengers (even foot passengers travelling over the Channel for the day or to go shopping) had taken out adequate travel insurance before leaving the relative safety of their own homes, this might have resolved the problem and shown that these travellers to foreign parts are at least able to take personal responsibility for themselves as competent adults - not forgetting the OAPs or the younger members of their party.

Silverpixie - I agree
Alsacienne - regrettably - Nonsense! except that insurance is worth having

Sorry you think my reply is nonsense. I'll let you enjoy that misconception, but with age and experience, plus time spent at the University of Hard Knocks, and post-graduate specialisation in making the best of difficult situations, maybe you'll see things a bit differently. This is not intended to be a personal attack, but I still think that it is most unwise to see financial gain as the be all and end all in life.

Going back to my original answer to this topic If the captain decides not to sail that is it The company has nothing to do with it its his decision As to what happens if he doesn't sail thats buried in the small print

Would those trying to seek compensation be happy if the captain had sailed & the worst happened NO THEY possibly be dead

Get your act together weather happens!! be glad it doesn't happen to you !!!

No sensible person would want to put their lives at risk or anyone else's, but to throw people out into the elements is not good business practise in my opinion.
Often a day trip to France is the only or first foreign trip for many people, I live near the port and pop over frequently as do many in the area. While insurance would be the ideal, it wouldn't have been much help to those without access to money or without a credit card in these circumstances. As for the people of Calais, I can understand that they may get very fed up of the constant stream of English day trippers but in my experience and even when I have attempted a little French, I have found them to not want to make an effort to understand or help.
Of course the weather is an act of God but extreme circumstances such as these are not an everyday occurrence, surely emergency procedures can be put in place for the terminal to remain open when needs must.
As for duty of care, I am sure people will be very reassured to find that when we book our holidays, flying, sailing living in hotels, eating etc the TO's or airlines or whatever have no responsibility for our safety.
Anyway despite our debating the point, Hoverspeed paid up, they must have thought it not worth fighting in court over and perhaps if more people were to do the same then they will provide a safe haven for other travellers caught in bad weather in the future.
Lynn

No Lyn if forced to provide overnight facilities all that will happen is that prices will go up They paid up but in making payment there will be a rider not admitting any responsibility

In future you will possibly find a clause denying any responsibiliy for any delays

In future you will possibly find a clause denying any responsibility for any delays

I think you will find that in the terms of most travel services anyway, and as for prices going up, that a different subject entirely, we cant have it all.
Lynn

To expand a little on my previous brief reply

Calais citizens often speak better English than we do - RUBBISH

SeaCats are not safe to sail at night - RUBBISH - I have often been on them on night time sailings in the dark - they have good radar which may be seen from the bridge observation windows.

Duty of care doesn't extend to travel industry - TOTAL RUBBISH

And insurance, although a good idea. would not necessairly find you a bed for the night under those circumastances in Calais.

And what would it have cost Hoverspeed to keep that terminal open one night? Not much.

No I'm afraid its one more instance of staff not wanting to be inconvenienced.

I myself suffered at the hands of the Belgian staff at Ostend Hoverspeed on more than one occasion until they got closed down.

The disdain and comtempt those staff had for the passengers was amazing!

Full Marks Silverpixie

Alsacienne - Zero Points (Well OK one point - for insurance)

Alsacienne

I can't agree with you. Hoverspeed will have a duty to provide somewhere to wait in a warm safe place if the crossing is cancelled. It is then upto the passenger if they want to book into a hotel at there own expense They can't expect passengers to try and find shelter somewhere else. Cancellations must be regular so they know there is problems for passengers if there is a cancellation.

I actually think if more people took the small claims route we would all get a better service. If somebody is wronged they are intitled to compensation and if companies were to offer compensation instead of making life as difficult as possible then people wouldn't resort to the courts. I for one suppport this action by rhinestonemaiden, if everbody were like you then the companies would treat us even worse because they know they would get away with it. Whats the point of consumer laws.

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