Flight delay compensation, US and Canadian Airlines

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  • buffer2212
    buffer2212 Posts: 65 Forumite
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    edited 10 March 2016 at 11:43PM
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    Vauban wrote: »
    You should be writing to their UK offices, not their US ones. If you are going to take it to court, you need a serviceable UK address - and that's the one you should send your NBA to. Writing letters to Texas really isn't necessary.

    I couldn't find a UK address. I have checked your guide but I can't seem to access any FAQ???
  • symphony63
    symphony63 Posts: 105 Forumite
    First Anniversary Combo Breaker
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    You could choose either:
    Address:
    United Airlines
    Heathrow Airport
    Hounslow
    Middlesex
    TW6 3LP, UK

    Local Office

    Address:
    United House
    Southern Perimeter Road
    Heathrow Airport
    Middlesex
    TW6 3LP, UK
  • Timothea
    Timothea Posts: 177 Forumite
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    I am taking Air Canada to court in England. Air Canada's Customer Relations provided a PO Box in Quebec, Canada as their address for service. However, Air Canada is registered at Companies House as a foreign company with a UK establishment. I therefore used its UK establishment address (at Heathrow) on the Money Claim form.

    As far as the English courts are concerned, is the UK establishment address sufficient? Or should I also send the claim to Quebec? I sent the LBA to Heathrow and Air Canada's Customer Relations replied to that letter.

    If it goes to court and I win (or obtain a default judgement) the other questions is: will I be able to make them pay up?
  • JPears
    JPears Posts: 5,086 Forumite
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    Q1 - no, if thats the registered address at Companies House, thats where you should serve legal papers.
    Q2. It depends what they have at that adress. If it can be visited by a baliff or sheriff and have payment made or goods removed for sale, its OK.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • mcfoster
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    Hello,

    I am looking for some feedback on a recent case I opened with Delta. I wrote to them on February 11 regarding a flight I took in 2011 that was 7 hours 22 minutes delayed. The original flight path was London > Amsterdam > Seattle. The first flight out of London was delayed 25 minutes, which meant I missed my connection in Amsterdam and had to be rerouted through Minneapolis-St Paul. After ignoring my message for over a month (despite a canned response saying they would reply within 30 days), they have finally come back to say:
    Our records have shown that the flight in question was delayed due to the late arrival of the inbound aircraft because of adverse weather conditions on the route.

    We are very sorry to learn that the above delay caused a missed connection and a delayed arrival at final destination.

    However, due to the reason above, we are unable to offer legal compensation in this circumstance.

    Based on the historical flight information, my London-Amsterdam flight was 25 minutes departure delay and 28 minutes arrival delay with no runway delay. Their reasoning makes it sound to me like the flight took off at the correct time but was delayed arriving due to weather conditions. Am I reading this correctly? Do I still have any case here?
  • David_e
    David_e Posts: 1,498 Forumite
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    edited 21 March 2016 at 6:06PM
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    mcfoster wrote: »
    Based on the historical flight information, my London-Amsterdam flight was 25 minutes departure delay and 28 minutes arrival delay with no runway delay. Their reasoning makes it sound to me like the flight took off at the correct time but was delayed arriving due to weather conditions. Am I reading this correctly? Do I still have any case here?

    I can't comment on your wider circumstances but para 14 of the preamble to the regulation says "meteorological conditions incompatible with the operation of the flight concerned". I've always understood this to mean the flight in question as opposed to, say, the aircraft. If the aircraft isn't where it should be because of bad weather, I don't think that is a proper defence.
  • htb
    htb Posts: 57 Forumite
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    United airlines, through ticket from LHR to Virginia via JFK. delay leaving london =missed connection and 6hr delay to destination. They refused to compensate saying it feel outside of the requirements etc etc. Took it to CAA, who could not enforce anything but founding my favour, and so took it through money claim online. United didn't respond. Judgement was made on the 27/4/16 - waiting to see whether they pay (I think they have a month), or whether they will seek to set aside ? or make me enforce.... Very frustrating process....
  • buffer2212
    buffer2212 Posts: 65 Forumite
    Cashback Cashier
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    symphony63 wrote: »
    You could choose either:
    Address:
    United Airlines
    Heathrow Airport
    Hounslow
    Middlesex
    TW6 3LP, UK

    Local Office

    Address:
    United House
    Southern Perimeter Road
    Heathrow Airport
    Middlesex
    TW6 3LP, UK

    I used the Heathrow Address and waited for another 4 weeks - nothing!! Then I telephoned United Customer Contact who said there is no-one in Heathrow who deals with Customer issues, they only have flight staff. The lady advised me to use the on line form for Corporate customer care and they would deal with my issue and send me a case number.
    I did this on 3 June and attached my NBA. I have just received the following reply -

    Dear Mrs. Dunlop:

    We appreciate the final opportunity to address your concerns regarding your request for cash compensation under European Regulation EC261/2004. After further review, we again found that United Airlines complied with all of the applicable regulations at the time of your flight.
    If I may refer you to the text of the Regulation, Article 6.1.c states that compensation is applicable to delays of 4 hours or more for all flights over 3,500 km, not including connecting flights. Therefore, since flight UA 76 from Belfast to Newark on June 1, 2015 was delayed for 2 hours and 23 minutes upon your arrival, I must respectfully decline your request for cash compensation.

    We truly regret any inconvenience you may have incurred while traveling with us. It is our sincere desire to move forward in our business relationship with you, and we realize that you have a choice of carriers. We will consider this matter closed and will no longer correspond regarding this issue, but invite you to contact us again if we may address a future travel-related issue.

    Given the opportunity to welcome you aboard, we are confident your next experience will warrant a much more favorable report.

    Regards,

    Mrs. Amin
    Corporate Customer Care
    Case: 10484446

    This is absolute rubbish!!! What do I do now? I am NOT letting this go!!!:mad:
  • JPears
    JPears Posts: 5,086 Forumite
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    You may find this link to a posting with several links regarding through flights.
    http://forums.moneysavingexpert.com/showpost.php?p=70808296&postcount=9557
    EU take the opposing view to United.
    Perhaps write one more time with a copy of the EU determination, making the letter an NBA with 14 dyas to pay. Then start legal proceedings. You may find either of those stgae but particularly the latter prompts a response and hopefully payment.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Timothea
    Timothea Posts: 177 Forumite
    First Anniversary Combo Breaker
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    My court claim is progressing. I have now received a Notification of Allocation to the Small Claims Track (Hearing). The hearing date has not been fixed but the notice contains the following Directions:

    Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing within 21 days of service of this order. The original documents shall be brought to the hearing.

    My question is: what documents does this include? Obviously, it includes stuff like tickets, boarding passes, correspondence, etc. But does it also include the airline's Conditions of Carriage or legislation or case-law or witness statements?
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