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  #26  
Old Oct 1, 2010, 5:57 AM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default Our Tobagan "friend"

Don't know which is worse: A Tobagan drunk, or a cyber criminal in Moscow.
  #27  
Old Oct 1, 2010, 11:14 AM
kirb20 kirb20 is offline
 
Join Date: Sep 2010
Posts: 13
Default Filing of the claim

thank you for that information, it was useful. I am still not sure if I have to address it to a specific individual though. Does it have to be marked to a specific person's attention? some of what I read indicates that it needs to be received by someone in a managerial role, or who is directly involved. I am not sure if I serve "Delta Airlines" if it will just get lost in the administrative offices and never make it to anyone who cares...
  #28  
Old Oct 1, 2010, 3:25 PM
jimworcs jimworcs is offline
 
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Location: Lot et Garonne, France
Posts: 3,197
Default

In the UK, no specific named person is required, but you might consider calling the small claims court and asking them. I find they are usually very accommodating.
  #29  
Old Oct 1, 2010, 3:35 PM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
Location: Nearest Airports: COD, BIL, WRL
Posts: 577
Default Serving process on Delta Air Lines

Does it have to be marked to a specific person's attention?

No. But it DOES have to be sent to an address the court recognizes as a valid address for the purpose of service of process. The on-line information, from the Ontario Attorney General’s office, seems to indicate this can be any location, in Ontario, from which the defendant does business. The clerk of the court should be able to tell you whether a company must be served at a specific, process serving, address or any address at which they maintain a physical presence.

The Ontario AG’s office also stresses the importance of filing your court complaint with the name the defendant is registered to do business under. In the USA, Delta is registered as:

DELTA AIR LINES, INC.

In Canada, Delta could be doing business through a subsidiary, such as: “Delta Air Lines, Ltd.”

By paying a fee you might be able to obtain the registered name and address from which Delta does business in Ontario. Try this link:

http://www.ontariobusinesscentral.ca...ate-search.asp

BEFORE filing your action you should send a “demand letter” to the address you intend to serve Delta at. In the USA, a demand letter is a precondition to a court considering a small claims action. The purpose of the demand letter is to give the defendant one last opportunity to pay. It should read something like:

“You caused me to sustain losses in the following amounts as a result of out-of-pocket payments to the parties listed.” “I must receive a check, from you, in this amount within 45 days or I will file suit to recover said sum.”

Your “demand letter” should be sent by certified mail, return receipt requested. After the deadline for payment has passed, you may file your suit.

In addition to mailing a complaint to the Canadian Transportation Agency, you can also mail a complaint to the United States Dept. of Transportation (“DOT”), Aviation Consumer Protection Division. Contact, and other information, is at:

http://airconsumer.ost.dot.gov/CP_AirlineService.htm

US based airlines pay close attention to complaints forwarded to them by the DOT. However, the courts should be relied upon if you are looking for a cash payment. The best you can expect by going through the DOT are an offer (from Delta) of the worthless travel vouchers I mentioned previously.
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