Flight delay and cancellation compensation, Flybe ONLY

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  • my flight was delayed over 3 hours from Birmingham to La Rochelle. I wrote to flybe and this was their response;
    "Your flight was originally delayed due to the need to switch the aircraft due to a technical problem. We apologise that it was further delayed by the increased boarding time due to passengers with reduced mobility and we accept that arrangements should have been put in place for this. However, these services are provided by an agent at the airport, therefore we cannot accept responsibility if their actions resulted in additional delays."

    I am appalled by this response as I feel fobbed off, like they are trying to pass the buck. Is this a good enough response? Should I pursue?
  • Vauban
    Vauban Posts: 4,736
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    anniekate wrote: »

    I am appalled by this response as I feel fobbed off, like they are trying to pass the buck. Is this a good enough response? Should I pursue?

    You are being fobbed off - a rubbish excuse. They owe you compensation. Read my guide for how to get it.
  • Flybe has admitted the fault was theirs and said they are waiting on the ruling for the Jet2 v Huzar case. That has subsequently been thrown out so I want my compensation. I have given them another LBA (using the template) and there has been no response. Should I issue a summons or wait because they are inundated with claims and will be taking time to settle them?

    Summons IMHO but I will bow to more knowledgeable members.
  • Mark2spark
    Mark2spark Posts: 2,306
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    No point in giving them 'another' LBA.

    You just wait what you consider to be a reasonable time for them to reply before starting court action. Simple as that really. Everyone has their own thresholds.
    Unless of course you are near to the 6 year time limit.

    IMHO 28 days to get a reply in this current period where they are well and truly swamped post Huzar would be reasonable. And that is just the reply to say that they acknowledge your claim and are dealing with it.
    You won't get a court date for several months so it's all a bit of a mish mash really. But 6 weeks without a reply of any sort would be time for court, no further nonsense IMO.
  • Mark2spark wrote: »
    No point in giving them 'another' LBA.

    You just wait what you consider to be a reasonable time for them to reply before starting court action. Simple as that really. Everyone has their own thresholds.
    Unless of course you are near to the 6 year time limit.

    IMHO 28 days to get a reply in this current period where they are well and truly swamped post Huzar would be reasonable. And that is just the reply to say that they acknowledge your claim and are dealing with it.
    You won't get a court date for several months so it's all a bit of a mish mash really. But 6 weeks without a reply of any sort would be time for court, no further nonsense IMO.

    Thanks Mark I will look at legal options today.
  • Arcan
    Arcan Posts: 89 Forumite
    This is the email I just received:

    "We write to inform you of the determination of your claim for damages pursuant to EU261/2004.
    When you booked your flight with Flybe, we drew your attention to our General Terms and Conditions of Carriage. According to Article 16.2: "Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at your destination."
    Your flight arrived on 14th December 2011 and you notified us of your claim on 30th July 2014 . As a result, we are not able to pay the damages you have claimed, because your claim was not submitted to us within two years of your arrival date.
    We appreciate that this may be disappointing for you, but hope that you will not be deterred from using Flybe in the future."

    Unbelievable! I made the claim a month after the delay. The only thing I can think of is is that I tried to claim again on the 30th of June of this year after the initially rejected my claim because they said they didn't have responsibility. I forward them my initial email, but I've a feeling they won't play fair.

    How long should I wait for a reply?
  • They are trying to use the same excuse as Thomson who lost their court case. It is 6 years in England and Wales so I would suggest you read Vauban's guide and then look at legal action
  • Arcan wrote: »
    When you booked your flight with Flybe, we drew your attention to our General Terms and Conditions of Carriage. According to Article 16.2: "Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at your destination."

    You are not claiming for damages, you claiming statutory fixed sum compensation. The distinction between the two is already recognised in English courts and EUCJ. As greentrader says the statute of limitation for EU261 claims has been confirmed by the COA in the Dawson v Thomson case.

    You can also rely on article 15 of regulation EU261.

    Start your legal claim.
  • Received this from Flybe about a month ago. I look forward to hearing what they have to say after 15 Jan. If it's not something along the lines of 'here's your cheque' I may look at at least threatening them with legal action.

    Dear Sir / Madam
    Your EU261/2004 claim
    We write to provide you with an update on our progress with reviewing your claim.
    Following the Supreme Court's decision not to grant permission to appeal in Jet2.com v Huzar, it has been necessary for Flybe to undertake an internal review, together with our legal advisers, of all claims where there has been a technical issue with an aircraft and a defence of "extraordinary circumstances" potentially applies.
    While this review is in progress, it involves a substantial number of claims. Currently we hope that the review will have completed within the next 8 weeks, ie by 15 January 2015.
    We also wish to make you aware that a request for a ruling on whether a technical problem can constitute an 'extraordinary circumstance' has been submitted to the European Court of Justice. The English Courts are currently considering how claims are dealt with in light of that request to the European Court of Justice.
    We will provide you with an update on the English Courts' position once this is known and we will be in touch on or before 15 January 2015 to advise how your claim will be taken forward.
    As you have received this letter we hold your details on file and there is no further need to contact us.

    Kind regards
    Flybe
  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    Golactico wrote: »
    We also wish to make you aware that a request for a ruling on whether a technical problem can constitute an 'extraordinary circumstance' has been submitted to the European Court of Justice. The English Courts are currently considering how claims are dealt with in light of that request to the European Court of Justice.
    We will provide you with an update on the English Courts' position once this is known and we will be in touch on or before 15 January 2015 to advise how your claim will be taken forward.
    As you have received this letter we hold your details on file and there is no further need to contact us.

    Kind regards
    Flybe

    Apologies, I haven't visited the Flybe thread before, I'm normally locked inside the Jet2 thread, but IMHO this is total BS from Flybe!


    First of all, the Supreme Court have already ruled on the 'Huzar' case and that technical problems with an aircraft are not an extraordinary circumstance.

    And secondly, the Amsterdam case in the (CJEU), Liverpool will consider this on the 25th February, so how can they update you on the 15th January ~ perhaps they mean in 2016?

    Flybe claimants check out the J2 thread, appears we have common interests.

    Cheers,

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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