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    • JPears
    • By JPears 1st Jun 17, 2:16 PM
    • 2,842 Posts
    • 802 Thanks
    JPears
    Good reasoning and valid argeument.
    Either way, lets hope the CoA goes ahead.
    Is it 3 weeks to lodge appeal?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • lloydrich
    • By lloydrich 4th Jun 17, 4:39 PM
    • 1 Posts
    • 0 Thanks
    lloydrich
    Hi all,

    Just after some advice - Last Tue i missed my early morning flight from Berlin to London and took a later flight that day after paying a missed departure fee. The flight ended up being delayed by over 5hours due to a technical fault (can't quite remember but i believe they had to fly technicians from Stansted to make the repairs).

    Now, i am little confused which is the best way to take this further; going to ryanair direct, using resolver or one of those flight claim firms? I can just see getting any success against Ryanair will be similar to turning lead into gold! Also. am i able to reclaim the price of the air ticket, food/drink during the waiting period in addition to the EU set compensation amount?

    Oh, and please any other advice anyone has would be most welcomed!

    Big thanks!

    PS- Noob question, but where is the FAQ and Vauban's Guide located at?
    • 111KAB
    • By 111KAB 4th Jun 17, 6:34 PM
    • 3,605 Posts
    • 1,466 Thanks
    111KAB
    Simple Google for VG tips > https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Dela y%20Compensation.pdf
    • geoffreytro
    • By geoffreytro 11th Jun 17, 3:49 PM
    • 1 Posts
    • 0 Thanks
    geoffreytro
    ESCP case dismissed
    I wrote to RyanAir on four occasions with no response. I referred my case to the AESA who advised in a letter that the air carrier did not provide a report and the agency considered my flight was cancelled. I was therefore entitled to assistance (meals, hotel etc) and compensation. AESA advised they were sending the letter to the Carrier (RyanAir) and, in the final paragraph, AESA advised that they consider the complaint closed.


    After still no response from RyanAir I initiated the ESCP in Swords district court, County Dublin. I considered the AESA letter had crystallised a debt which I was planning to enforce using the ESCP.


    RyanAir’s solicitors offered to settle on expenses (“assistance”) only however I considered my debt was crystalised by the AESA ruling and I wished to enforce the assistance and compensation. Interestingly the solicitors suggested “you may use the AESA report as evidence however the court is not bound to hear it”.


    The solicitors responded to the claim and suggested that they did not receive AESAs original communication and responded when they received the report closing the complaint. They attached this response to the AESA to the court. However I can only assume that AESA were consistent with their ruling that considered the case closed. They did not act further i.e. I did not receive anything from AESA other than the abovementioned letter resolving on my favour and closing the case.


    In RyanAir’s response to the Court they cited extraordinary circumstances and the Swords district court dismissed my claim.


    I was not requested to attend the small claims court which is an advantage of the process, notwithstanding RyanAirs solicitors suggested I would be required to attend.


    The current position is my case is dismissed and I received neither assistance nor compensation. I am considering my next steps.
    • Vauban
    • By Vauban 11th Jun 17, 4:09 PM
    • 4,573 Posts
    • 2,025 Thanks
    Vauban
    I thought ESCP cases were heard in English courts, rather than Irish ones: indeed, that's the point of it.

    Did you follow Dr. Watson's extremely helpful guide on how to navigate this unusual process? If your claim has been dismissed, you need either to appeal or let it go. But now you're in the Irish court system, it's way beyond my understanding I'm afraid.
    • Tyzap
    • By Tyzap 11th Jun 17, 5:41 PM
    • 782 Posts
    • 415 Thanks
    Tyzap
    It sounds like something may have gone wrong here, however, all is not lost as there is an appeals procedure if you think your case has been dealt with incorrectly. Have a further read of Dr Watsons guide, if you haven't already.

    http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=569

    Much will depend on the details of your case and whether the experienced opinion suggests the judge has erred or not, which we are not privy to at this point. Dr Watson is our resident expert on the ESCP system so no doubt he will have an opinion.

    If RA claimed the cause was an EC, and the judge agreed, you should still receive a duty of care from the airline resulting in payment of your expenses had you claimed them correctly.

    In my own court case the judge stubbornly refused to be swayed by the findings of AESA, he dismissed the evidence and reasoning they had supplied without due consideration. So what happened to you is not wholly unusual, unfortunately.

    Good luck.
    Please read Vaubans superb guide.
    • Dr Watson
    • By Dr Watson 12th Jun 17, 12:43 PM
    • 422 Posts
    • 207 Thanks
    Dr Watson
    geoffreytro,
    Ryanair rarely respond to AESA so nothing new there. Like Tyzap states you do not state the reason why your flight was allegedly cancelled, so it is hard to make a consideration on the decision by the judge in your case.
    It sounds like you have negotiated ESCP fairly well and the case was heard in a court of your choice (but not your member state), and you benefitted from not having to attend a court hearing.... Although from experience being there to present your argument can have its merits and maybe would have helped for you.
    Of course you have the right to appeal and the process is simple enough for this, remember though that no new evidence from either party can be submitted for consideration.
    Is your case worth an appeal? I don't know, but if you place some more facts on here, some very learned people on the subject would give you their opinion.


    Good luck and (maybe) keep going.
    Last edited by Dr Watson; 12-06-2017 at 12:47 PM.
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    Current known score:-
    Dr Watson 35 - 0 Ryanair / Ince and Co

    Go to post 569 on the Ryanair thread to read how to sue them safely.
    • mariannes39
    • By mariannes39 12th Jun 17, 7:52 PM
    • 8 Posts
    • 0 Thanks
    mariannes39
    Hi
    I put in a claim last September using resolver, today I finally had my first offer from Ryanair. I now have to decide to accept or decline. They have offered €250 there was 5 of us can anyone advise if this is a good offer or if I should decline. Many thanks
    • JPears
    • By JPears 12th Jun 17, 8:44 PM
    • 2,842 Posts
    • 802 Thanks
    JPears
    Hi
    I put in a claim last September using resolver, today I finally had my first offer from Ryanair. I now have to decide to accept or decline. They have offered €250 there was 5 of us can anyone advise if this is a good offer or if I should decline. Many thanks
    Originally posted by mariannes39
    Hi,
    flight details -departure/arrival amount of delay?
    The compensation should be 250 - 600Euros each depending on the length of your flight and the delay.
    Read Vauban's most informative guide for more information. (google it)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Doinfine
    • By Doinfine 12th Jun 17, 8:51 PM
    • 9 Posts
    • 9 Thanks
    Doinfine
    I suspect not - ha ha
    • mariannes39
    • By mariannes39 12th Jun 17, 9:24 PM
    • 8 Posts
    • 0 Thanks
    mariannes39
    We was 3.5 hours delayed no food or water offered. No vouchers. Trapped on the plane! Going from Manchester to Barcelona. I thought it was 250 each but when they offered €250 I thought I'd maybe got it wrong!
    I'll give the guide a read thank you!
    • Caz3121
    • By Caz3121 12th Jun 17, 9:37 PM
    • 10,490 Posts
    • 6,884 Thanks
    Caz3121
    We was 3.5 hours delayed no food or water offered. No vouchers. Trapped on the plane! Going from Manchester to Barcelona. I thought it was 250 each but when they offered €250 I thought I'd maybe got it wrong!
    Originally posted by mariannes39
    check the offer it should state €250 each (not total)
    • mariannes39
    • By mariannes39 13th Jun 17, 1:12 PM
    • 8 Posts
    • 0 Thanks
    mariannes39
    Yes just 250 total I've declined!
    • JPears
    • By JPears 13th Jun 17, 5:10 PM
    • 2,842 Posts
    • 802 Thanks
    JPears
    Unless they are playing silly !!!!!!s (Ryanair -surely not?) and effectively inferring that you all need to claim individually...
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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