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    • darren232002
    • By darren232002 18th Aug 16, 4:07 AM
    • 10 Posts
    • 2 Thanks
    darren232002
    My recent flight from Venice -> London was delayed by over 3 hours. I've submitted a claim but reading through Easyjets facebook page it seems I will be waiting a lot longer than 3 weeks for a reply and of course I am fairly confident I will be fobbed off initially. Im not interested in this dragging on for months. Is there anything wrong with just going straight to a LBA and then MCOL? I think 2 weeks to consider and pay up is more than enough time and the fact they dont have enough staff to cope with the volume of cases they have isnt my issue.

    Does anyone have the address to where to send the LBA?

    What sort of proof does one need to prepare in order to go to the SCC? I landed 2hrs and 59 mins late, screenshot of LGW arrivals board. I have a screenshot from my phone of the easyjet flight tracker which lists the arrival time as being 3hrs and 4 minutes late.* None of this feels like real 'proof'? If they mention thunderstorms, should I print off a route map and point out other flights were flying in the same direction but again, it doesn't feel like 'proof.'

    *Landed vs doors opened; Im aware of the EU case saying that its doors open time that counts.
    Last edited by darren232002; 18-08-2016 at 4:11 AM.
    • 111KAB
    • By 111KAB 18th Aug 16, 6:46 AM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    Darren - all up to you really. If you want to speed things up suggest you wait 4 weeks after your initial claim then issue 2 weeks LBA. After the 14 days go to MCOL - all issued to their Luton address.


    The 'proof' you have will not stand up in court but could be persuasive. Read Vauban's Guide and wait for EJ's response to your LBA and if none and you are confident of your 184 mins delay then go to MCOL - again wait for their defence (if any) and go from there.
    • darren232002
    • By darren232002 19th Aug 16, 3:41 PM
    • 10 Posts
    • 2 Thanks
    darren232002
    Thanks for the reply. I think 6 weeks is in itself a bit of a ridiculous wait but I will follow your advice.

    I have read Vaubans guide - Im not sure why he includes a load of articles from various solicitors in his sources as none of these are evidence really.

    In his case though, it seems he did not need to establish that his flight was in fact delayed; whereas I can definitely see EJ using the fact I landed 2hrs 59 mins late and hoping neither I nor the judge know of the applicable case law. Of course, there's an obvious argument that no plane could land, decelerate, and taxi to the gate at LGW in 60 seconds but I was hoping there was some way to prove this more conretely. A FOI request to LGW? Not sure whether they are a public body though. I know the CAA are but not sure they keep that kind of information?
    • JPears
    • By JPears 20th Aug 16, 8:44 PM
    • 3,255 Posts
    • 910 Thanks
    JPears
    You need to read Vauban's guide again. What he inclsudes is case law, setting precedent. You will need to present copies of ALL of the relevant ones in court, if it gets that far. ie Sturgeon, Huzar etc
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Basingstoke Betty
    • By Basingstoke Betty 22nd Aug 16, 4:03 PM
    • 44 Posts
    • 18 Thanks
    Basingstoke Betty
    Hi,
    They are stating bird strike - grrr - I hate that they are going to force me to go through all this when I'm in the right. I can't find ANY link to the Vauban's guide on this site and would be grateful for that please. Also, is there a template for LBA? how long do I have to wait before issuing LBA after they reject my claim?
    • 111KAB
    • By 111KAB 22nd Aug 16, 4:10 PM
    • 3,638 Posts
    • 1,478 Thanks
    111KAB
    https://www.dropbox.com/s/w6hmpy5ysxpck6k/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay% 20Compensation.pdf?dl=0
    • Tyzap
    • By Tyzap 22nd Aug 16, 4:27 PM
    • 1,135 Posts
    • 550 Thanks
    Tyzap
    http://www.manchestereveningnews.co.uk/news/greater-manchester-news/thomas-cook-loses-landmark-bird-strike-9204092
    Please read Vaubans superb guide.
    • Gamegal
    • By Gamegal 22nd Aug 16, 4:50 PM
    • 101 Posts
    • 60 Thanks
    Gamegal
    Seen this today?
    http://www.dailymail.co.uk/news/article-3751673/Want-complain-flight-delay-cost-BA-easyJet-passengers-charged-25-case-unsuccessful.html
    • donatello_76
    • By donatello_76 31st Aug 16, 4:27 PM
    • 3 Posts
    • 0 Thanks
    donatello_76
    Hi, I hope someone can help me.

    I'm in somewhat of a predicament. I originally processed my claim through Botts not realising that I could proceed with the claim myself at ease. When I stumbled across the MSE article regarding claiming yourself for compensation I immediately took action to go direct to Easyjet and claim myself but unfortunately by this time Easyjet had already accepted the claim and had sent a cheque to Botts which they subsequently cashed. Luckily for me I had held out signing any of Botts terms and conditions as I gawped at their £25 fee on top of the 20% of the claim that they also wanted, I emailed Botts and asked to withdraw my claim with them and return the monies to Easyjet so i could pursue it myself. I emailed Easyjet to tell them I had withdrawn the case through Botts, that they were returning the funds and asked that they forward the compensation on to me when it had been received, this was on July 20th and as yet I've not heard anything back. I've chased them several times since and don't get anything back.

    Has anyone got any idea's with how I can escalate this or where to go from here?

    Thanks for your help in advance.
    • Gamegal
    • By Gamegal 31st Aug 16, 4:45 PM
    • 101 Posts
    • 60 Thanks
    Gamegal
    Hi, I hope someone can help me.

    I'm in somewhat of a predicament. I originally processed my claim through Botts not realising that I could proceed with the claim myself at ease. When I stumbled across the MSE article regarding claiming yourself for compensation I immediately took action to go direct to Easyjet and claim myself but unfortunately by this time Easyjet had already accepted the claim and had sent a cheque to Botts which they subsequently cashed. Luckily for me I had held out signing any of Botts terms and conditions as I gawped at their £25 fee on top of the 20% of the claim that they also wanted, I emailed Botts and asked to withdraw my claim with them and return the monies to Easyjet so i could pursue it myself. I emailed Easyjet to tell them I had withdrawn the case through Botts, that they were returning the funds and asked that they forward the compensation on to me when it had been received, this was on July 20th and as yet I've not heard anything back. I've chased them several times since and don't get anything back.

    Has anyone got any idea's with how I can escalate this or where to go from here?

    Thanks for your help in advance.
    Originally posted by donatello_76
    I'd give up now, it's going to cost you to instruct a solicitor & I doubt you'll win.
    • donatello_76
    • By donatello_76 1st Sep 16, 9:05 AM
    • 3 Posts
    • 0 Thanks
    donatello_76
    Really? they've already admitted that compensation is owed by sending a cheque to Botts, is it not just a case of getting the money channeled to me, rather than a solicitor that I didn't give permission to pursue the case?!

    Thanks.
    • Tyzap
    • By Tyzap 1st Sep 16, 9:18 AM
    • 1,135 Posts
    • 550 Thanks
    Tyzap
    The simplest answer would have been to sign Botts agreement/contract and let them take their fee. After all, you contacted them and they got on with it.

    You would have still got 70%ish and you could have move on.

    Call them and see if this is still possible.
    Please read Vaubans superb guide.
    • Vauban
    • By Vauban 1st Sep 16, 10:24 AM
    • 4,707 Posts
    • 2,085 Thanks
    Vauban
    Really? they've already admitted that compensation is owed by sending a cheque to Botts, is it not just a case of getting the money channeled to me, rather than a solicitor that I didn't give permission to pursue the case?!

    Thanks.
    Originally posted by donatello_76
    What do you mean you "didn't give permission" - Botts are a reputable company who don't pursue people's cases unless they are asked to do so. Please explain what actually happened.
    • Gamegal
    • By Gamegal 1st Sep 16, 10:32 AM
    • 101 Posts
    • 60 Thanks
    Gamegal
    What do you mean you "didn't give permission" - Botts are a reputable company who don't pursue people's cases unless they are asked to do so. Please explain what actually happened.
    Originally posted by Vauban
    I agree with you, Vauban, re "Botts are a reputable company who don't pursue people's cases unless they are asked to do so". Donatello said "I originally processed my claim through Botts ...."
    Last edited by Gamegal; 01-09-2016 at 10:36 AM.
    • donatello_76
    • By donatello_76 1st Sep 16, 10:57 AM
    • 3 Posts
    • 0 Thanks
    donatello_76
    I provided Botts with the information regarding the claim before I realised how simple it was to do it off my own back, they subsequently went the full distance with the claim (which they probably had the right to do so) and banked the cheque that had been sent before i'd signed the two documents they required me to. This is where I was slightly aggrieved, that they had banked the cheque before I'd signed these documents. I've no qualms against Botts and they were excellent when I asked to retract the claim with them.

    My issue isn't with Botts, it's with Easyjet and them not responding to my email informing them that Botts were returning the money and the subsequent chasing emails.
    • Vauban
    • By Vauban 1st Sep 16, 11:23 AM
    • 4,707 Posts
    • 2,085 Thanks
    Vauban
    I provided Botts with the information regarding the claim before I realised how simple it was to do it off my own back, they subsequently went the full distance with the claim (which they probably had the right to do so) and banked the cheque that had been sent before i'd signed the two documents they required me to. This is where I was slightly aggrieved, that they had banked the cheque before I'd signed these documents. I've no qualms against Botts and they were excellent when I asked to retract the claim with them.

    My issue isn't with Botts, it's with Easyjet and them not responding to my email informing them that Botts were returning the money and the subsequent chasing emails.
    Originally posted by donatello_76
    It's a bit of a mess, but it looks like Bott's have been very good. So I think all you can do is write to Easyjet and pester them for the money. If they don't respond, you'll need to begin a legal claim in the normal way (I assume Bott's didn't actually start legal action, which would complicate things significantly).
    • GreenfingersXX
    • By GreenfingersXX 6th Sep 16, 5:11 PM
    • 11 Posts
    • 4 Thanks
    GreenfingersXX
    NBA / LBA timeframe
    Hi,

    On 18/9/10 my family any myself (4 adults) were on a flight from Alicante to London Stansted that was delayed by 5 1/2 hours. I have applied for compensation three times since 2010 (more to the point; applied once and appealed to them twice after each major court victory) and Easyjet cited "extraordinary circumstances" as the reason for the delay so no compensation is due (the reason was that the hydraulic fluid in the plane was contaminated, which was beyond their control according to an Easyjet person I spoke to in 2012).

    As the 6 year limit for taking Easyjet to court expires in 12 days I have decided to issue a Letter Before Action then issuing legal proceedings (talk about cutting it fine, I know). I have read a few guides to claiming and am using Vauban's template to write my NBA (thanks Vauban, great guide by the way). Question is; Which? and Vauban recommend giving the airline 14 days notice of issuing legal proceedings. As I don't have 14 days left can I issue it with a week's notice or should I give 10 days? I don't intend starting legal proceedings via MCOL as I want to submit one application that covers all four passengers by the way.

    Thanks.
    • Justice13075
    • By Justice13075 6th Sep 16, 6:05 PM
    • 1,013 Posts
    • 425 Thanks
    Justice13075
    As the guide says give them 14 days to reply. If you read the guidance about taking court action it actually says, before applying to the court
    "The court will expect you to make your claim in writing, giving the other person a reasonable time to reply – a month is usual. You should also warn them that you will take court action if they fail to reply within the given time.
    I think you will be too late others may differ.
    • ianmciver
    • By ianmciver 13th Sep 16, 1:26 PM
    • 1 Posts
    • 0 Thanks
    ianmciver
    Use of Resolver
    Firstly, may I thank Martin and all the team for the very valuable work you all do.
    I registered a claim against EasyJet using Resolver about 2 weeks ago.
    I have a Complaint number but no acknowledgement or response yet from EasyJet.
    Am I being too optimistic and impatient?
    Thanks, Ian
    • sarah_diamond
    • By sarah_diamond 13th Sep 16, 9:02 PM
    • 13 Posts
    • 21 Thanks
    sarah_diamond
    Hi all, just had an unhappy call from my mum who flew from Gatwick to Bordeaux this afternoon however they couldn't land at Bordeaux due to the weather (quite the storm apparently) so have landed at Lyon instead. They've been ushered into some sort of waiting area with no refreshments after an hour or two on the plane and are now awaiting buses to be ferried back to Bordeaux which is likely to take most of the night.

    Would this come under the more than 3 hours late arrival? I'm shocked they've apparently been put somewhere without even a cafe to get a drink...

    Thanks, Sarah
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