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    • Timothea
    • By Timothea 9th Jul 16, 1:39 PM
    • 24 Posts
    • 14 Thanks
    Timothea
    Court Directions
    My court claim is progressing. I have now received a Notification of Allocation to the Small Claims Track (Hearing). The hearing date has not been fixed but the notice contains the following Directions:

    Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing within 21 days of service of this order. The original documents shall be brought to the hearing.

    My question is: what documents does this include? Obviously, it includes stuff like tickets, boarding passes, correspondence, etc. But does it also include the airline's Conditions of Carriage or legislation or case-law or witness statements?
    • Vauban
    • By Vauban 9th Jul 16, 4:06 PM
    • 4,430 Posts
    • 1,950 Thanks
    Vauban
    It means everything that you will need to rely on in court - witness statement, other key judgements that are relevant, proof of delay, that kind of thing. It needs to be put together in a numbered folder.

    I put up my bundle of documents ages ago as an idea of the kind of thing you need. It been overtaken by subsequent legal developments, but would give you an idea of the kind of thing required- you'd need to search for it though!
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • BGRoxburgh
    • By BGRoxburgh 4th Aug 16, 10:19 AM
    • 1 Posts
    • 1 Thanks
    BGRoxburgh
    Just wanted to say a big thanks you to Martin! Me and my partner just got offered €600 each compensation for a cancelled flight to JFK in April last year. Absolutely delighted with the result. We could have taken $1000 voucher for American Airlines but decided to take the cash as we just bought our first house. Would never have thought this was possible without the MSE emails. Will pay for a new bathroom in our new house! Thanks a million for all your advice over the past few years.
    • JOSSIE
    • By JOSSIE 29th Aug 16, 6:17 PM
    • 1 Posts
    • 0 Thanks
    JOSSIE
    Cancelled AA flight
    I put a claim in to American Airlines for a cancelled flight from LA to Heathrow then a further delay on the connecting flight the next day via Philadelphia to Manchester in February. I had a reply stating Europe reg 261/2004 does not apply as we were departing from a third country?and AA is not a community carrier and USA is not a EU member state (which I get) and the offer of a transportation voucher which is of no use now we are home. I have read some previous posts that have indicated that compensation has been paid for cancelled/delayed flights from the USA to UK so I don't know if I should pursue it and are they just fobbing me off?
    • Justice13075
    • By Justice13075 29th Aug 16, 6:30 PM
    • 617 Posts
    • 320 Thanks
    Justice13075
    If you flew from the US to the UK on a European airline like BA Virgin depending on the cause of the delay you could get compensation. But not on a non European airline such as American Airlines Delta etc Sorry no compensation due.
    • joewa
    • By joewa 11th Sep 16, 9:17 PM
    • 332 Posts
    • 34 Thanks
    joewa
    Hi could do with some help :

    Three weeks ago we went on holiday , had a connecting flight from Edi to San Fran with a 2.5 hr turnover at Newark . Plane was delayed 1hr in leaving Edi and we said to hostess that we had a connecting flight and she said not to worry they would know in Newark that our plane had been delayed. Got to Newark airport queues as long as your arm tried to explain to staff what was going on who were not interested at all and we were treated like crap.
    Anyway as a result of the delay we missed our connecting flight and had to be put on standby our transfer from the airport had also left and we had to pay $80 for a taxi to our hotel.
    Sorry for the long post but can someone advise if we have a right to compensation
    • richardw
    • By richardw 11th Sep 16, 9:25 PM
    • 17,133 Posts
    • 6,888 Thanks
    richardw
    Hi Joewa, how late were you arriving at San Francisco?

    Did they give a reason for the delay leaving EDI?
    Posts are not advice and must not be relied upon.
    • joewa
    • By joewa 11th Sep 16, 11:31 PM
    • 332 Posts
    • 34 Thanks
    joewa
    Flight was only 1 hr delayed due to paperwork not being done. We got put on the next connecting flight to San Fran but we were treated like crap. Also our transfer was away from the airport ans we had to pay $80 for a taxi
    • richardw
    • By richardw 12th Sep 16, 8:52 AM
    • 17,133 Posts
    • 6,888 Thanks
    richardw
    If you arrived more than three hours late at San Fran you might have a claim, use the checker here https://www.bottonline.co.uk/flight-delay-compensation/calculator
    Posts are not advice and must not be relied upon.
    • pollypenny
    • By pollypenny 22nd Sep 16, 5:57 PM
    • 20,712 Posts
    • 52,725 Thanks
    pollypenny
    We booked Manchester to New Orleans, via Philadelphia. Our flight was cancelled, then we were rerouted via Charlotte- that flight was cancelled!

    Things got worse: no hotels after we were sent to collect luggage, then we couldn't get back in as security had closed, so spent the night in check-in.

    We eventually reached New Orleans 18 hours later.

    AA gave us 5,000 air miles and another 5,000 after a direct emsil to the CEO. However, they maintain that EU regulations do not apply as the cancellations were in the USA.

    I am maintaining that the initial booking, MAN to MSY, is the key and EU reg 261/2004 apply.

    Does anyone have experience of this? Do I have a case?
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
    • Vauban
    • By Vauban 22nd Sep 16, 8:44 PM
    • 4,430 Posts
    • 1,950 Thanks
    Vauban

    I am maintaining that the initial booking, MAN to MSY, is the key and EU reg 261/2004 apply.

    Does anyone have experience of this? Do I have a case?
    Originally posted by pollypenny
    Lots of similar examples on this thread - so I won't clutter the thread by repeating what's been said lots of times before. But read up and work out what you want to do next.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • pollypenny
    • By pollypenny 22nd Sep 16, 9:23 PM
    • 20,712 Posts
    • 52,725 Thanks
    pollypenny
    I have read posts where the flight is from the USA, sometimes with a connection.

    I am well aware that such flights are not covered. However, my MAN -MSY began in Europe to the USA. My question whether the fact that there was a connection in PHL negates EU regs.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
    • Vauban
    • By Vauban 22nd Sep 16, 9:51 PM
    • 4,430 Posts
    • 1,950 Thanks
    Vauban
    I have read posts where the flight is from the USA, sometimes with a connection.

    I am well aware that such flights are not covered. However, my MAN -MSY began in Europe to the USA. My question whether the fact that there was a connection in PHL negates EU regs.
    Originally posted by pollypenny
    Go back one page for posts #564-69, and loads before that.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • pollypenny
    • By pollypenny 23rd Sep 16, 7:54 AM
    • 20,712 Posts
    • 52,725 Thanks
    pollypenny
    Ok, thanks. I'm trying to summon up the energy for a continued fight.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
    • pollypenny
    • By pollypenny 28th Sep 16, 9:20 AM
    • 20,712 Posts
    • 52,725 Thanks
    pollypenny
    I downloaded your excellent guide, Vauban. Thank you.

    However, I'm pretty sure that AA will use the bad weather as their get out, as well as their insistence that the connecting flight, PHL to MSY, is what counts.

    They've given us 10,000 air miles each so I think that's it.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
    • Finst
    • By Finst 4th Oct 16, 1:37 PM
    • 107 Posts
    • 92 Thanks
    Finst
    My wife was on the Air Transat flight from Glasgow this summer where the pilots were arrested for being over the alcohol limit - delayed for 24 hours and it was in the news for a while.


    Air Transat initially offered $200 gift card at the time, but thanks to a letter to customer services using the guide here, they agreed to pay the full 600 euros almost straight away. Win!
    • Tyzap
    • By Tyzap 4th Oct 16, 4:31 PM
    • 643 Posts
    • 355 Thanks
    Tyzap
    My wife was on the Air Transat flight from Glasgow this summer where the pilots were arrested for being over the alcohol limit - delayed for 24 hours and it was in the news for a while.


    Air Transat initially offered $200 gift card at the time, but thanks to a letter to customer services using the guide here, they agreed to pay the full 600 euros almost straight away. Win!
    Originally posted by Finst
    Finst, thanks for posting.

    It would have been a hard case for them to defend.

    The flight crew certainly caused everyone, including their employer, an awful lot of time, trouble and money.

    Incidentally, it's not the first time this has happened at Glasgow, must be the good beer up there.
    Please read Vaubans superb guide.
    • jules06
    • By jules06 17th Oct 16, 12:26 PM
    • 13 Posts
    • 0 Thanks
    jules06
    What next ??
    Hello
    I started a compensation complaint via Resolver back in March 2016 for a flight delay from LHR to NYC. flight was over 4 hours late in due to a technical issue with the cabin pressure.
    After hearing nothing of note from AA I escalated the case on the 11th July. 13 weeks have now passed and I have heard nothing from the CAA. Does anyone know if I should have heard anything by now ~ even if its an acknowledgment saying they are looking into it ?
    Many thanks
    J
    • 111KAB
    • By 111KAB 17th Oct 16, 1:13 PM
    • 3,518 Posts
    • 1,418 Thanks
    111KAB
    jules - read Vauban's Guide - CAA a waste of time and space, Resolver works sometimes .
    • jules06
    • By jules06 17th Oct 16, 2:23 PM
    • 13 Posts
    • 0 Thanks
    jules06
    Woah that's a bit wordy ! Was hoping for an easy reply like " hang in there bla bla bla "

    whats wrong with Resolver ? I thought Martin Lewis had his finger on the pulse !
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