Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson · 7 January 2015 at 8:48AM

Fletchasketch wrote: »

Hoping someone can give me some advice as to the status of Ryanair claims which are over 2 yearsyears old. It was my understanding that they've asked for cases to be stayed pending the result of the KLM case which is about extraordinary circumstance cases.

What I don't understand is why all cases have been stayed when only some were originally declined due to 'extraordinary circumstances'

Thanks for your help,

Fletchasketch,
Any claim that was stayed due the two year limitation cause should now not be in this position. The Dawson ruling at the end of last year quashed this, litigants should have written to their court asking for any such stays to be lifted quoting this ruling.
If any of these cases have been 'further stayed' due to the KLM case when only the two year argument was been argued by RA then this should not be applicable. (Not that the KLM case is going to go Jet2/ RA's way anyway IMO). Again litigants should contact their court if this is the case- as like you say the two arguments are different.
But of course RA might now be claiming 'extraordinary circumstances' in these cases, if so any such defence should be presented to litigants so they can argue against this using relevant case law:- Huzar and of course Wallentin to counter this.
Where the KLM case is quoted by RA requesting a further stay- a copy of the Vergara case and the ruling made in the Scottish (albeit lower court) should be thrown in for good measure until these charlatans (RA) get their dues in Liverpool next month.
Rant over for now...

Fletchasketch · 7 January 2015 at 9:25PM

Dr_Watson wrote: »

Fletchasketch,
Any claim that was stayed due the two year limitation cause should now not be in this position. The Dawson ruling at the end of last year quashed this, litigants should have written to their court asking for any such stays to be lifted quoting this ruling.

Thanks for the response, Doc. I actually claimed via Bott and Co as I got fed up with getting no response from Ryanair. They've been excellent so far, with regards to updates, queries, e.t.c. I might drop them an email to find out what Ryanair's justification is for still not paying out for claims over 2 years old.

Thanks again.

EMJ · 9 January 2015 at 2:10PM

I have noticed a number of posts on this thread where the question "should I go to court" is asked.
In my wife's case the answer is definitely YES.

My wife and her friend were delayed by over 6 hours on a flight from Pisa to Edinburgh in May last year. Despite 5 letters to Ryanair claiming compensation all she got was the standard "Extraordinary Circumstances" refusal even tough Ryanair stated that it was a Technical Fault.
Her final letter advised Ryanair that she would take court action if the claim was refused again which it duly was.

Following advice by others on this Forum she decided to use the European Small Claims procedure and within 2 days of Ryanair receiving the summons from the court they emailed her offering the full amount of compensation (including the court fee) if she would withdraw the claim. She said that she would withdraw the claim once the full amount was transferred to her bank account.
Two weeks later the money was paid in full.

As I said at the start, if they refuse to pay take them to court. It is a very straightforward process and it seems like the only one they respond to.

Dr_Watson · 9 January 2015 at 3:41PM

EMJ wrote: »

I have noticed a number of posts on this thread where the question "should I go to court" is asked.
In my wife's case the answer is definitely YES.

My wife and her friend were delayed by over 6 hours on a flight from Pisa to Edinburgh in May last year. Despite 5 letters to Ryanair claiming compensation all she got was the standard "Extraordinary Circumstances" refusal even tough Ryanair stated that it was a Technical Fault.
Her final letter advised Ryanair that she would take court action if the claim was refused again which it duly was.

Following advice by others on this Forum she decided to use the European Small Claims procedure and within 2 days of Ryanair receiving the summons from the court they emailed her offering the full amount of compensation (including the court fee) if she would withdraw the claim. She said that she would withdraw the claim once the full amount was transferred to her bank account.
Two weeks later the money was paid in full.

As I said at the start, if they refuse to pay take them to court. It is a very straightforward process and it seems like the only one they respond to.

Well done to you EMJ (or your good lady wife)!
It's not the first time I have heard this, hopefully it won't be the last although, it is hard to predict where RA make these concessions and do what is right.
One thing for sure, if you hadn't followed the process and got to around step 2 or 3 RA wouldn't have folded.
Well done again and thanks for posting on the forum.:T:beer:

benkaylamum · 9 January 2015 at 11:54PM

EMJ wrote: »

I have noticed a number of posts on this thread where the question "should I go to court" is asked.
In my wife's case the answer is definitely YES.

My wife and her friend were delayed by over 6 hours on a flight from Pisa to Edinburgh in May last year. Despite 5 letters to Ryanair claiming compensation all she got was the standard "Extraordinary Circumstances" refusal even tough Ryanair stated that it was a Technical Fault.
Her final letter advised Ryanair that she would take court action if the claim was refused again which it duly was.

Following advice by others on this Forum she decided to use the European Small Claims procedure and within 2 days of Ryanair receiving the summons from the court they emailed her offering the full amount of compensation (including the court fee) if she would withdraw the claim. She said that she would withdraw the claim once the full amount was transferred to her bank account.
Two weeks later the money was paid in full.

As I said at the start, if they refuse to pay take them to court. It is a very straightforward process and it seems like the only one they respond to.

Hi. I take it you used a Scottish court. I wonder if you can advise what court you used. I have made contact with a local court and they are unaware of the process, in fact, advised me not to use the ESPC process. I would prefer to go to a court who has already dealt with a case. Many thanks in advance.

Dr_Watson · 10 January 2015 at 12:10AM

benkaylamum wrote: »

Hi. I take it you used a Scottish court. I wonder if you can advise what court you used. I have made contact with a local court and they are unaware of the process, in fact, advised me not to use the ESPC process. I would prefer to go to a court who has already dealt with a case. Many thanks in advance.

benkaylamum,
It's a real problem within the UK court system and one which I must try to redress. ESCP is just something that most 'local' courts don't understand.
So here goes ..and I'm really not on commission ...but send your ESCP form A and supporting papers (3 of each remember) to the Combined Sheffield court, believe me, they are now well versed in this process and will deal with your application swiftly and correctly.
You have hit your first hurdle in the process, but it's easily worked around.
Keep going..

benkaylamum · 10 January 2015 at 2:23PM

Dr_Watson wrote: »

benkaylamum,
It's a real problem within the UK court system and one which I must try to redress. ESCP is just something that most 'local' courts don't understand.
So here goes ..and I'm really not on commission ...but send your ESCP form A and supporting papers (3 of each remember) to the Combined Sheffield court, believe me, they are now well versed in this process and will deal with your application swiftly and correctly.
You have hit your first hurdle in the process, but it's easily worked around.
Keep going..

Dr Watson....Thank you once again! That is what I shall do. I had trouble in the Scottish Courts website trying to work out the fee. I asked the local court and she wasn't sure but then came back with...... "As regards the fee, if the claim is for less than 250 euros it is £17 and for 250 or over it is £73."
Does this sound right to you? Just don't want to send it with the incorrect amount.
Many thanks

Dr_Watson · 10 January 2015 at 4:14PM

benkaylamum wrote: »

Dr Watson....Thank you once again! That is what I shall do. I had trouble in the Scottish Courts website trying to work out the fee. I asked the local court and she wasn't sure but then came back with...... "As regards the fee, if the claim is for less than 250 euros it is £17 and for 250 or over it is £73."
Does this sound right to you? Just don't want to send it with the incorrect amount.
Many thanks

benkaylamum,
Court fees can be found here:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Remember you are not using MCOL. Roughly calculate the amount you are claiming from euros into sterling to work out your court fees and, remember to include this amount on your Form A as you will get it back when you win!

Vauban · 12 January 2015 at 2:06PM

I missed this in December - interesting!

Mouseman · 12 January 2015 at 5:28PM

Just filling in the forms for a flight in August.

I pretty much fell at the first question on Form A: I chose UK as the court I'd be using, as opposed to Ireland. I hope that's right?

Do we have a definitive answer to the "Do I claim in Euros, or take today's spot rate and claim in Sterling?" question please? The pages linked to in all the guides are MCOL numbers, so it looks like £70 fee for offline claims of around the £625 mark (€800)?

Also, at the declaration point of Form A it asks for "Done at:" I have no idea what this is for!

If what we were told on the plane is true then this should be fairly straightforward: The plane landed in Spain and was grounded, so Spain->UK was delayed, thus UK->us was delayed, so us getting home to UK was delayed. A classic knock on effect, whereby aircraft problems 8 hours before our flight caused us the four hour delay. :T

Ironically I'd have been happy with far, far less than the €800 I'm about to sue for; they'll never know this as replies to their CS team bounce back. Their loss! :rotfl:

Thank you for any and all guidance.

Flight delay and cancellation compensation, Ryanair ONLY

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