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Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • millsmum
    millsmum Posts: 216 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    just a quick update. I posted my NLA on the 30th june. I have heard nothing back. I am a bit over the 14 days but today i have managed to file my county court claim.
    flight vs075 on the 21st oct 2010.
    will keep you informed, fingers crossed it will be a positive result
  • hmtowns
    hmtowns Posts: 21 Forumite
    I have posted on here previously but looking for reassurance. My flight from MCO was delayed 4+ hours because of a crack to the flight deck window on a previous flight. Not my flight. This was not caused during a flight, was noticed on the ground before the previous flight took off.

    I have submitted claim, rejected of course citing 'extraordinary circumstances' and responded with letter before action advising was previous flight so case law says extraordinary circumstances do not apply. Been more than three weeks now. No response.

    Just completing the money claim on line and it has asked me about interest under the County Courts Act. Can this be claimed? Have calculated that from the date of the delay this is £336 at £0.22 per day. Is this right or should I just not include it?

    Many thanks for considering and responding.
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    hmtowns wrote: »
    Just completing the money claim on line and it has asked me about interest under the County Courts Act. Can this be claimed? Have calculated that from the date of the delay this is £336 at £0.22 per day. Is this right or should I just not include it?

    Yes, definitely include it.

    The claimant claims interest under Section 69 of the County Courts Act 1984 at the rate of 8 per cent a year from [delay date] to [claim date] of £XX and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £XX.
  • lfc4ever
    lfc4ever Posts: 442 Forumite
    ruby28 wrote: »
    Does anyone know off the top of their heads which judgement/regulations relate to extraordinary circumstances on a "particular flight on a particular day" I am sure i have read this somewhere

    many thanks

    Please ignore, just found it

    Hi would you mind letting me know what the past judgements were as I think they will be useful for my claim.

    Many thanks
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    lfc4ever wrote: »
    Hi would you mind letting me know what the past judgements were as I think they will be useful for my claim.

    Many thanks

    It is in the actual Regulation - which you should have learned off by heart by now! Shame on you for asking.;)
  • KillBetty
    KillBetty Posts: 13 Forumite
    Virgin were served on July 18th, today I received a cheque for £719 ... Happy Days :). My original claim was for two people 300 Euros each but with interest they ended up paying nearly £200 more than the original amount I applied for
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    KillBetty wrote: »
    Virgin were served on July 18th, today I received a cheque for £719 ... Happy Days :). My original claim was for two people 300 Euros each but with interest they ended up paying nearly £200 more than the original amount I applied for

    Well done - good result! Make sure you post in the Court Success Thread!
  • blondmark
    blondmark Posts: 456 Forumite
    Vauban wrote: »
    It is in the actual Regulation - which you should have learned off by heart by now! Shame on you for asking.;)

    Just to be precise (because the Judge will be) I don't think the regulation does refer to a particular flight on a particular day.

    It does refer to a particular aircraft on a particular day though, and this looser description allows airlines to argue that your plane on an earlier flight that was affected by ECs, caused your flight to be late, so (they will argue) the ECs carry forward. An unfortunate ambiguity.

    Elsewhere in the regulation though it refers to "meteorological conditions incompatible with the operation of the flight concerned" which is the nearest the regulation gets to saying that ECs must affect your flight and no other.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's an angle that no doubt an airline barrister will exploit if possible.
    Therefore it's important to check - if possible - any pre flight scheduling, and take account of time zone differences.
    Ambiguous maybe. But midnight is midnight and the start of a new day.

    I'm talking about transatlantic flights mostly here btw
  • Hi

    We were delayed by 2 nights when our flight which was due to return by to Delhi has issues with the tail. Virgin kept us on the runway tarmac in temperature in excess of 35c starting from around 12.30pm to around 5pm as they were trying to fix technical issues with the plane. They switched of the power on the plane and as you can imagine the temperatures soared with a full capacity on board. The heat was unbearable and were told to get small water cups ourselves as the staff could not obviously cope with so many people thirsty at one time. We were then told to leave the plane around 6 as they could not resolve the issue and a part along with a Virgin engineer had to fly out from LHR the following day. We were put up in a hotel and finally got a return flight on the 18th morning if I recall properly. I had to young children (aged 3 and 6) which one of them suffered quite badly due to the heat and was off school for 3-4 days and my wife. Do I have a claim with this incident?
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