Flight delay and cancellation compensation, Ryanair ONLY

Medis111 wrote: »

Can't see any new messages. Hopefully it will come through a bit later.

Send me a PM with your e Mail on and I'll send it you direct.

Medis111 wrote: »

I think I did, but it doesn't show up in my sent items. Let me know if you've received it.

Got it, detail should be with you now.

PatMaguire wrote: »

Many thanks to Dr Watson for help so far. I was about to send off another (last) letter to RA when I received an email from RA yesterday. The attached letter (finally) explained why there was a delay of 7+ hours on a flight from Malaga to Leeds:

"your flight FR2447from Malaga to Leeds Bradford on the 21/10/2014 was delayed due to an unexpected technical fault with the aircraft due to operate your flight. We are unable to release any technical details pertaining to this flight in the interest of safety for our aircraft, passengers and crew". This was explained as "unexpected technical fault(s)" which meant it was "outside their control" and was, therefore, "extraordinary circumstances". The letter ends with "don't bother writing again" brush off.

I'd be grateful for comments about the strength of this case against RA (I accept based on the info provided). I need a a bit of reassurance of being right that this seems to fly in the face of the Huzar v Jet2 result recently before sending the ESCP paperwork off to Sheffield Courts and ...

Having sent the claim in and assuming "bad luck" or additional explanation from RA that screws the case can we withdraw the case before going to Appeal so as not to be stung with possible big costs?

Many thanks in anticipation[/FONT]

PatMaguire,
The response you have received from Ryanair is just their generic standard response to all their customers who are starting the process to claim what they are rightfully owed.
Yes they have edited the response to include your flight details, but don't even have the sincerity to give you any detail to the alleged technical fault.
Same old Ryanair.
From the detail you have given, you have a cast iron case, the recent rulings in the Huzar case cement this.
A technical fault cannot be used as an excuse for an 'Extraordinary Circumstance' and thus remove the obligation on air carriers to pay compensation in line with the regulation 261/2004.

Regarding the process (ESCP) and possible costs, quite simply your court fees is all you will pay, even if RA come up with a legitimate excuse that is a genuine EC (they have to prove it firstly though), but say they do, and you lose that's it, no further costs.
Believe me RA might enter a completely different 'answer' to court to your claim than you have already received, but it'll be all smoke and mirrors.
Do follow my advice in post 569, your journey will follow this path and at some point bring you the compensation you paid a levy to RA to cover.
And if you need help smashing their 'answer' to bits when it eventually arrives, well you know where I and the other good people on this forum are.
Good luck and keep going.

Rahan wrote: »

Question to Dr. Watson, Vaubaun &
JPears

Blimey, that's high esteem you put me up there with!

Rahan wrote: »

Hi lads,

I'm just wondering if you know of anyone whom is an Irish resident and won a case against RA? I read the other day that the Swords Small Claims Court has postponed their decision until early spring to see what the European Court of Justice will come out with regarding the "extraordinary circumstances".

I would really appreciate on answer on this when you have a few minutes,

Thanking you,
Rahan

Using the Irish Courts, yes I do, but, as JPears just beat me to it, try the work around that is suggested.
The recent case in Swords District Court perplexes me somewhat, and I've made comment about this already on here.
To quote again a past friend on here; "The Irish Courts are not your friend, do not be tempted to use them".
RA's stay in the case you highlight is another appalling attempt by the airlines to just drag these legitimate cases on.
In the UK we have a precedent set now, thanks to Huzar and Dawson which is why the workaround and ESCP favours you.
Of course EU law is still applicable to Eire and Wallentin is still the highest precedent set, regardless of a ridiculous argument about the wording of 'extraordinary'.
Go seek out that long lost cousin over the water...and start proceedings with the ESCP.