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    • buffer2212
    • By buffer2212 17th Jun 17, 12:05 AM
    • 64 Posts
    • 8 Thanks
    buffer2212
    Losing the will to fight!
    I have had numerous posts on here since June 2015 and lots of people have said I have a claim.In fact one lady had exactly the same situation and got compensation. I used all the example letters on this site and followed all the proper procedure. I have read the whole Regulations and case law and I am confident I have a case. I have never heard of Botts but I will look it up.

    Thank you
    Originally posted by buffer2212
    Well to continue with my saga, my solicitor has been sending emails to United Airlines since my last post. They came back in January to offer $100 each travel voucher. We refused, since UA have now pulled out of N. Ireland. My solicitor then emailed them back refusing this offer and advising them we are about to take legal action. Since then they have not replied, despite the solicitor having sent 2 more emails. I have been to see the solicitor and asked him why he needs to email them Instead of just proceeding with court action? He says it's impossible to take court action, as they don't have a UK Base!
    Is this true? Has anyone in the past had a successful claim against United and if so can anyone give me an address please.
    • Vauban
    • By Vauban 17th Jun 17, 5:16 AM
    • 4,708 Posts
    • 2,085 Thanks
    Vauban
    Have you read Lyndac40's posts in this thread - about #50 onwards? It's perfectly possible to sue United - there's even an address in Lyndac40's thread.

    Why are you using your solicitor to chase United? Is this not costing you money each time s/he sends a letter to the airline?
    • buffer2212
    • By buffer2212 17th Jun 17, 7:28 PM
    • 64 Posts
    • 8 Thanks
    buffer2212
    Have you read Lyndac40's posts in this thread - about #50 onwards? It's perfectly possible to sue United - there's even an address in Lyndac40's thread.

    Why are you using your solicitor to chase United? Is this not costing you money each time s/he sends a letter to the airline?
    Originally posted by Vauban
    I have tried already myself and they are refusing to pay out, so I went to the solicitor to proceed to court
    I will fins the address, thank you.
    • lyndac40
    • By lyndac40 17th Jun 17, 9:46 PM
    • 459 Posts
    • 123 Thanks
    lyndac40
    Hi Buffer, This is the address i used to send the court papers to United.
    United Airlines
    United House Building 451, Southern Perimeter Road, London Heathrow Airport
    Hounslow
    TW6 3LP
    Telephone: 0845-844 4777

    Dont give up

    Lynda xxx
    • Ian011
    • By Ian011 25th Jun 17, 1:45 PM
    • 1,864 Posts
    • 1,055 Thanks
    Ian011
    United Airlines ... Telephone: 0845-844 4777
    Originally posted by lyndac40
    This transaction is covered by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which were published by BIS on 13 December 2013 and came into force on 13 June 2014.

    Regulation 41 bans the use of premium rate numbers starting 084, 087 or 09 for after-sales enquiries and issues.

    In cases of non-compliance, Regulation 41(2) gives callers the right to a refund of call costs incurred over and above whatever an equivalent call to an 01, 02 or 03 number would have cost that caller.

    Finally, promotion of a premium rate number starting 084, 087, 09 or 118 must be accompanied by a declaration of the call costs alongside. This regulation was published by Ofcom on 12 December 2013 and came into force on 1 July 2015.
    • JPears
    • By JPears 4th Aug 17, 10:17 AM
    • 3,278 Posts
    • 916 Thanks
    JPears
    bumped as way down board
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • buffer2212
    • By buffer2212 4th Aug 17, 2:48 PM
    • 64 Posts
    • 8 Thanks
    buffer2212
    Getting nowhere with United!
    Well my solicitor wrote to United Airlines at the address which Lyndac40 kindly gave me. That was 1 month ago and to date, he has had no reply.

    What the heck can I do now, with a company who is just failing to acknowledge my existence ?
    • Vauban
    • By Vauban 4th Aug 17, 7:57 PM
    • 4,708 Posts
    • 2,085 Thanks
    Vauban
    Well my solicitor wrote to United Airlines at the address which Lyndac40 kindly gave me. That was 1 month ago and to date, he has had no reply.

    What the heck can I do now, with a company who is just failing to acknowledge my existence ?
    Originally posted by buffer2212
    Sorry to be funny, but why are you posting here when you've engaged the services of a professional lawyer?
    • Alan Bowen
    • By Alan Bowen 6th Aug 17, 10:28 AM
    • 2,964 Posts
    • 1,492 Thanks
    Alan Bowen
    I fear the solicitor knows little or nothing about EU261, most of them don't as it is frankly not commercially viable to take on one case a year. In this case there is a real danger that the solicitors costs are going to outweigh any successful claim.
    • patchwork cat
    • By patchwork cat 17th Aug 17, 10:09 AM
    • 5,650 Posts
    • 8,733 Thanks
    patchwork cat
    This is rather an involved tale and I would like some advice on the best way to proceed please.

    My daughter flew to US on 30 June, the first flight to Toronto from Manchester was 4 hours delayed and as a result she missed her connecting flight to Chicago. Air Canada transferred her onto a flight to Indianapolis as there was no free Chicago flights that day ( that meant people picking her up had to turn around and drive 3 hours back to where they started!).

    That plane then had a fault mid air and had to turn back to Toronto and change planes. By this time my daughter who had never flown since being a tot, had been travelling for 23 hours and was exhausted and very scared. She unfortunately couldn't get on the replacement plane due to anxiety. We booked and paid for a hotel for the night and she got a train the next day.

    As she didn't complete the journey do you think she is entitled to the 600 Euro, or would we be better going through a no win no fee.

    Her return journey wasn't over 3 hours delayed, but was also traumatic as the flight from Toronto to Manchester whilst pulling away from the gate had a fluid leak from the engine. Another swapped plane , but only a 2hr 45 min delay! Needless to say she is never flying Air Canada again!

    • JPears
    • By JPears 17th Aug 17, 10:15 AM
    • 3,278 Posts
    • 916 Thanks
    JPears
    Hi welcome to the forum.
    Were all flights were original booked with Air Canada?
    And all flights were to be undertaken by Air Canada aircraft?
    What was the reason for the orginal delay?
    Unless if was due to an EC (google/download and read Vauban's most superb guide) she is probaly due 600Euro for her original delayed flight.
    Probably nothing for the rest of the journey as outwith the EU. Unless the Supreme Court decide otherwise at the end of summer.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • buffer2212
    • By buffer2212 17th Aug 17, 4:50 PM
    • 64 Posts
    • 8 Thanks
    buffer2212
    I fear the solicitor knows little or nothing about EU261, most of them don't as it is frankly not commercially viable to take on one case a year. In this case there is a real danger that the solicitors costs are going to outweigh any successful claim.
    Originally posted by Alan Bowen
    I am in Northern Ireland and I can't seem to find a legal person who has any experience in dealing with this. I am about to part ways with the solicitor, as I fear it is pointless

    It just makes me angry that I have completed all the paperwork and fought this myself right up to serving notice and now United are just ignoring us..

    • Tyzap
    • By Tyzap 17th Aug 17, 7:20 PM
    • 1,141 Posts
    • 552 Thanks
    Tyzap
    I am in Northern Ireland and I can't seem to find a legal person who has any experience in dealing with this. I am about to part ways with the solicitor, as I fear it is pointless

    It just makes me angry that I have completed all the paperwork and fought this myself right up to serving notice and now United are just ignoring us..

    Originally posted by buffer2212
    Hi buffer2212,

    Reading back through your previous posts I can see you have had a frustrating time with United.

    As you know, the CAA believe that the regs intended the delay time to be the arrival at the final destination. As a result they are attempting to enforce this with another airline.

    If I were you I would sit back and relax for a while until the CAA get a result, one way or the other. You don't really need a solicitor to deal with this for you.

    If the CAA interpretation is ultimately found to be correct your case will become much easier to enforce. You have 6 years from the time of your delay to start enforcement so no great rush just yet.

    I also noted that we all missed an out and out lie by United in one of their replies to you when they said...

    If I may refer you to the text of the Regulation, Article 6.1.c states that compensation is applicable to delays of 4 hours or more for all flights over 3,500 km, not including connecting flights.

    The following is a copy and paste from the regulation and this is what it says. The words 'not including connecting flight' do not appear!

    Article 6
    Delay
    1.
    to be delayed beyond its scheduled time of departure:
    When an operating air carrier reasonably expects a flight
    (a) for two hours or more in the case of flights of 1 500 kilo- metres or less; or
    (b) for three hours or more in the case of all intra-Community flights of more than 1 500 kilometres and of all other flights between 1 500 and 3 500 kilometres; or
    (c) for four hours or more in the case of all flights not falling under (a) or (b),
    passengers shall be offered by the operating air carrier:
    (i) the assistance specified in Article 9(1)(a) and 9(2); and
    (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
    (iii) when the delay is at least five hours, the assistance speci- fied in Article 8(1)(a).


    You really cannot trust what the airlines tell you when they are doing everything in their power to avoid paying you compensation.

    Good luck.
    Last edited by Tyzap; 17-08-2017 at 7:22 PM. Reason: Typo, again!
    Please read Vaubans superb guide.
    • patchwork cat
    • By patchwork cat 17th Aug 17, 8:26 PM
    • 5,650 Posts
    • 8,733 Thanks
    patchwork cat
    Am I correct in thinking that flight stats requires a paid subscription in order to find out why a flight was delayed as we don't know why the flight from Manchester to Toronto was delayed. All flights were booked with Air Canada for Air Canada Rouge and operated by Air Canada.

    • Tyzap
    • By Tyzap 17th Aug 17, 10:49 PM
    • 1,141 Posts
    • 552 Thanks
    Tyzap
    Am I correct in thinking that flight stats requires a paid subscription in order to find out why a flight was delayed as we don't know why the flight from Manchester to Toronto was delayed. All flights were booked with Air Canada for Air Canada Rouge and operated by Air Canada.
    Originally posted by patchwork cat
    Yes, you do now have to pay a subscription fee to use Flight Stats. It only gives times tho, not reasons for delays.

    Here is something you could try.

    If your daughters flight arrived at Toronto over 4 hours late she could put in a request for EC261 compensation of €600. If it was under 4 hours late, but over 3 hours, it would be €300.

    Don't bother mentioning the connecting flight, keep it simple and see how it goes.

    Good luck.
    Please read Vaubans superb guide.
    • Caz3121
    • By Caz3121 18th Aug 17, 6:33 AM
    • 10,848 Posts
    • 7,076 Thanks
    Caz3121
    Am I correct in thinking that flight stats requires a paid subscription in order to find out why a flight was delayed as we don't know why the flight from Manchester to Toronto was delayed. All flights were booked with Air Canada for Air Canada Rouge and operated by Air Canada.
    Originally posted by patchwork cat
    Flightstats shows the scheduled and actual timings (unless there has been a change it did not show the reason)
    If you want a quick check on whether compensation is due or not, put the Manchester to Toronto details into a couple of the NWNF sites that offer a free check - EUClaim, bottonline
    • patchwork cat
    • By patchwork cat 18th Aug 17, 2:29 PM
    • 5,650 Posts
    • 8,733 Thanks
    patchwork cat
    Tyzap I am inclined to agree . That would only be 300 Euro, but there is wriggle room for them for the 600 Euro, I would hate her to miss compensation on a technicality. Morally after that journey they should be paying her a fortune, poor thing, but...

    • meeka
    • By meeka 24th Aug 17, 10:45 PM
    • 7 Posts
    • 1 Thanks
    meeka
    Advice required on bumped and cancelled flight - its complicated
    Hi, i'm hoping some kind soul will be able to provide some advice on our situation as it appears quite complicated in terms of having 3 airlines involved.

    I have read Vauban's guide and i'm sure i'm entitled but not sure who from and how much, i will try and reduce it to the bare facts.

    1)We booked flights through BA from Manchester to Orlando via JFK and were scheduled to fly Sunday at 10am with AA. At 3 am we received a call and email from AA stating flight cancelled due to maintenance issues and they rearranged flight for next day. whilst awaiting re-routed flight (below) we watched the supposed cancelled plane take off after calling for the last passengers.

    2)Unhappy with delay contacted BA who cancelled rerouted flight and booked Manchester to Dublin - Orlando for similar times to original with Aer Lingus. Flew to Dublin fine though Orlando flight delayed for 6 hours then cancelled due to problem with tail fin. Aer Lingus transferred us to hotel for night.

    3) contacted BA as Aer Lingus uncontactable, no flights to
    Orlando for 2 days with only option being BA flight Dublin - Heathrow - Miami and then drive. We accepted this and flew Dublin to Heathrow 0730 Monday am, Heathrow to miami in the afternoon.

    4) Landed in Miami 8pm Monday (original flight would have been in Orlando 7pm Sunday). collected car and drove to orlando arriving at hotel at midnight.

    I believe i can request compensation for the original cancelled AA flight from AA.

    Can i request compensation for the cancelled Aer Lingus flight and is this through AA or Aer Lingus?

    As the BA flight landed the day after the original flight should have can i also claim for this and who from???

    As a result of this situation we also lost;
    We stayed in an airport hotel which we didn't need to do £110
    The use of the airport lounge as it was in a different terminal to the rerouted flight £90.
    Taxi fare from hotel to Dublin airport following cancelled Aer Lingus flight £70
    1 Day at the Disney Parks.
    Data pack to enable sat nav on mobile phone to get from Miami to Orlando £20.
    Petrol Miami to Orlando £25

    Can any of these items be claimed back as i cant see this referred to in the posts??

    Many thanks for any advice provided. :-)
    • Tyzap
    • By Tyzap 25th Aug 17, 2:15 PM
    • 1,141 Posts
    • 552 Thanks
    Tyzap
    Hi, i'm hoping some kind soul will be able to provide some advice on our situation as it appears quite complicated in terms of having 3 airlines involved.

    I have read Vauban's guide and i'm sure i'm entitled but not sure who from and how much, i will try and reduce it to the bare facts.

    1)We booked flights through BA from Manchester to Orlando via JFK and were scheduled to fly Sunday at 10am with AA. At 3 am we received a call and email from AA stating flight cancelled due to maintenance issues and they rearranged flight for next day. whilst awaiting re-routed flight (below) we watched the supposed cancelled plane take off after calling for the last passengers.

    2)Unhappy with delay contacted BA who cancelled rerouted flight and booked Manchester to Dublin - Orlando for similar times to original with Aer Lingus. Flew to Dublin fine though Orlando flight delayed for 6 hours then cancelled due to problem with tail fin. Aer Lingus transferred us to hotel for night.

    3) contacted BA as Aer Lingus uncontactable, no flights to
    Orlando for 2 days with only option being BA flight Dublin - Heathrow - Miami and then drive. We accepted this and flew Dublin to Heathrow 0730 Monday am, Heathrow to miami in the afternoon.

    4) Landed in Miami 8pm Monday (original flight would have been in Orlando 7pm Sunday). collected car and drove to orlando arriving at hotel at midnight.

    I believe i can request compensation for the original cancelled AA flight from AA.

    Can i request compensation for the cancelled Aer Lingus flight and is this through AA or Aer Lingus?

    As the BA flight landed the day after the original flight should have can i also claim for this and who from???

    As a result of this situation we also lost;
    We stayed in an airport hotel which we didn't need to do £110
    The use of the airport lounge as it was in a different terminal to the rerouted flight £90.
    Taxi fare from hotel to Dublin airport following cancelled Aer Lingus flight £70
    1 Day at the Disney Parks.
    Data pack to enable sat nav on mobile phone to get from Miami to Orlando £20.
    Petrol Miami to Orlando £25

    Can any of these items be claimed back as i cant see this referred to in the posts??

    Many thanks for any advice provided. :-)
    Originally posted by meeka
    Hi Meeka,

    Thats quite an endurance trial you have been through.

    Each of the operating carriers that let you down are liable, so, you booked through BA but the operating carrier was AA, claim from them for EC261 compensation. AA have been treating their Manchester passengers appallingly this summer and are in the process of running the service down prior to closing the route. Your flight will have been downgraded from a wide body 767 to a single isle 757 in all probability, thus some unlucky passengers had to be off loaded.

    You should then claim EC261 compensation from EI too. When you do don't bother mentioning the the whole story, just keep it to a straightforward simple claim.

    Who is liable for your expenses, incurred after your arrival at Miami, is debatable but probably with BA as they re routed you and would have know that you would incur further costs en route. The only cost you may not be able to claim back from BA are the Disney tickets, but try anyway. If you fail try going via your insurance.

    There is a chance that BA 'MAY' sort the whole thing out in one go (minus the EI compensation claim I would imagine) as they are very entangled in this, so try phoning them first and see how receptive they are.

    Good luck.
    Last edited by Tyzap; 25-08-2017 at 5:12 PM. Reason: additional info.
    Please read Vaubans superb guide.
    • meeka
    • By meeka 26th Aug 17, 9:17 PM
    • 7 Posts
    • 1 Thanks
    meeka
    Hi Tyzap,

    Many, many thanks for the reply that's really helpful as i wasn't sure if AA would be liable for the re-routed flight cancellation as well. I will try ringing BA first along with the claim to Aer Lingus and see where we go from there. BA customer services answer message is saying to expect delays due to the backlog with the IT cancellations they had recently so this may be a drawn out process.

    Anyway thanks again it's appreciated.

    Meeka.
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