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    • legal magpie
    • By legal magpie 9th Dec 17, 8:57 AM
    • 781 Posts
    • 364 Thanks
    legal magpie
    Kev. BMI will take as long as you choose to give them. In your letter you gave them notice that if they didn’t settle your claims you would take them to Court. It is a fundamental point of negotiation that you should never make a threat unless you are prepared to carry it out otherwise you lose all credibility .
    So don’t waste more time in useless correspondence. Just get on and sue them. You could include both claims in the same action although it could be tricky. If in doubt issue separate claims.
    All the information you need is in Vauban’s guide. Search for it, download it.
    Good luck.
    • Mr Nibz
    • By Mr Nibz 13th Dec 17, 11:08 AM
    • 6 Posts
    • 1 Thanks
    Mr Nibz
    Enter Air delay
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the £150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential €1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    Originally posted by tonydata
    Hi Tonydata, I sent my refusal to accept the compromise agreement about 3 weeks ago (just before seeing the post regards sending as a NBA). Nothing back from them as yet, so I will be happy to pool resource and co-operate any way I can to take this further. We are due 2 x 400 Euro so worth following up.
    What is most annoying to me about this particular issue is that spoke with an Olympic holidays rep at the airport and they told me to use the Olympic Holidays web site as the starting point to raise the claim and that there would be no issues.
    • Mr Nibz
    • By Mr Nibz 2nd Jan 18, 7:07 PM
    • 6 Posts
    • 1 Thanks
    Mr Nibz
    2nd offer from EnterAir
    Just got in and found a further reply from EnterAir following my rejection of their 1st offer of £150 each for me and the wife for our 6+ hour delay from Gatwick to Crete on Tue 29th Aug. Latest offer has been increased by £50 each to £200 but only on signing the NDA.

    At this rate it is going to take a further 4 letters to get up to the £400 each at 2 months per round of correspondence that is going to take another 8 months and cost another £24 in recorded delivery charges.

    Currently reading Vauban's guide and considering my next move. I had sent my first rejection before seeing the post about sending paperwork and the NBA so that might be one of the next things to do.

    As an alternative approach I might try to get in touch with someone at Olympic to get a view from them as to what I can do. I contracted with Olympic for the holiday, they contract with EnterAir as the carrier. Olympic can't be that happy with EnterAir with regards to the way these claims are being handled. Reading the Olympic web site it talks of "Quality" being "the keynote of Olympic Holidays" and "we offer flights on flagship scheduled and charter airlines". You'd like to think Olympic would be pleased to get feedback on a failure such as the EnterAir claims process.

    Anyone else had any recent feedback.
    • JPears
    • By JPears 2nd Jan 18, 11:25 PM
    • 3,407 Posts
    • 952 Thanks
    JPears
    I think you'll find Olympic won't give a monkey's.
    You'll need to start getting aggressive with Enterair. NBA and legal action.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • hoovuspoovus
    • By hoovuspoovus 3rd Jan 18, 8:50 PM
    • 6 Posts
    • 3 Thanks
    hoovuspoovus
    Success with Small Planet Airlines
    Having used the MSE forums extensively in my quest to secure compensation against Small Planet Airlines, I thought it only fair to share my success story on here.

    Myself and family (3 people) endured an 8 hour delay when flying from Lefkas to Gatwick with SPA on 4th September 2016. I posted the compensation claim, initially via Resolver, on our return. After months of toing and froing, and escalating within Resolver, I had got precisely nowhere so tried a different tack and started again directly with SPA.

    I emailed their customer services team multiple times, receiving the usual fob off "we are looking into your claim" responses.

    I tried countless times to phone their UK telephone number, which was only ever answered once. I eventually spoke to someone who gave me an alternative email address to send my claim to, which I did.

    After lots of chasing emails I was eventually offered 200 euros each in compensation, half what we were entitled to. I rejected this, and sent the NBA letter as advised in the excellent Vaubans guide. This was ignored by SPA. After chasing multiple times again, I eventually took them to court using the European small claims procedure via Luton County Court.

    After several months, the court found in my favour as SPA did not contest the case. I sent a copy of the judgement to SPA both via email and in the post to Lithuania. Nothing happened.

    I then Googled SPA to see if I could find the names of personnel that I could send an email to directly. I found the name of a legal rep; whilst I couldn't find their direct email address, I was able to put their name in the subject header and request that it be sent to them for their attention. After several more emails, I finally received payment of £1,220 directly into my bank account.

    In total it took over a year, but was worth the effort in the end. I wouldn't have known what to do without reading about it on MSE, reading Vaubans guide and following the advice given. if you find yourself in a similar situation there is lots of information here to help you.

    Good luck.
    • JPears
    • By JPears 3rd Jan 18, 10:05 PM
    • 3,407 Posts
    • 952 Thanks
    JPears
    Well done. Your persistence and tenacity have paid.
    BUT it shouldn't be this way. SPA have ignored, with impunity, European law that has been established over 12 years now. It's time the EU and NEBs did something about the woeful behaviour of the vast majority of airlines.
    Your flight probably had 200+ passengers. Your success represents just 2%. Say 5% have been successful in getting what is lawfully due to them, SPA have unfortunately conned £60k off the remaining passengers. Dispicable.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • hoovuspoovus
    • By hoovuspoovus 3rd Jan 18, 10:29 PM
    • 6 Posts
    • 3 Thanks
    hoovuspoovus
    I couldn't agree with you more. There were times during the process that I repeatedly thought "what is the point of the European directive if nobody enforces it?" there are undoubtedly ways of doing it, just a lack of will.
    • JPears
    • By JPears 4th Jan 18, 9:22 AM
    • 3,407 Posts
    • 952 Thanks
    JPears
    If you have the time and inclination I suggest you write a letter of complaint to the CAA, outlining your lengthy slog to gain what you were due.
    Although CAA are not directly responsible for your flight as it originated outside of UK, they should be made aware of the continued regular poor and frankly unlawful behaviour of airlines.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Daniel1990
    • By Daniel1990 5th Jan 18, 7:04 AM
    • 3 Posts
    • 0 Thanks
    Daniel1990
    New to the forum looking for advice please.
    Hi All, I have for many years used this website but didn't realise what a huge source of information this forum was.

    I wanted to join the discussion as I have a potential issue with Air Portugal and needed some advice on how best to handle the situation.

    I have since September had flights booked via a travel agency for May 2018.

    Flights depart London Heathrow at 6am stop for 1 hour in Lisbon then continue to Cape Verde arriving early afternoon.

    Air Portugal have last week cancelled the second part of the flight so that the journey would now be
    Depart Heathrow at 6am stop 11 hours in Lisbon and arrive in Cape Verde at midnight.

    The agency are saying I can only have a refund or the same flights the following day. I have asked to be rebooked to a new airline flying at a similar time which there is availability. Again I was toldnot possible and to contact the airline.

    I contact the airline who say it's a travel agency fair and I need to speak to the booking agency.

    I advise the airline that should I accept the new flights I wish to submit a delay claim. But have been told that because it is more than 14 days before departure I won't be eligible.

    Can someone please let me know if the above is correct and where possible what rights I have. I have researched online for some days but couldn't find the absolute answer and just wanted to make sure.

    Many thanks in advance
    • Daniel1990
    • By Daniel1990 5th Jan 18, 7:06 AM
    • 3 Posts
    • 0 Thanks
    Daniel1990
    Forgot to subscribe to updates sorry
    Forgot to subscribe
    • Caz3121
    • By Caz3121 5th Jan 18, 8:21 AM
    • 10,934 Posts
    • 7,149 Thanks
    Caz3121
    have a search for "Vauban's Guide"
    Schedule changes happen...end March is the changeover to the summer timetable so airlines will be confirming schedules/slots around now
    The airline is correct that there is no EU261 compensation payable if more than 14 days notice is given.
    Are there later flights to LIS with TAP that will reduce the layover?
    Would the refund cover the flights with other airline?
    • legal magpie
    • By legal magpie 5th Jan 18, 9:36 AM
    • 781 Posts
    • 364 Thanks
    legal magpie
    You have fallen foul of a much wider problem which is that airlines’ terms and conditions allow them to make changes or even cancel fights without penalty ( other than a refund) provided they give reasonable notice. On the other hand, if you book a flight their conditions don’t allow you to cancel without penalty even if you give plenty of notice, if you’ve booked a “supereconomy” type of fare. This seems quite unfair.
    • Daniel1990
    • By Daniel1990 5th Jan 18, 11:59 AM
    • 3 Posts
    • 0 Thanks
    Daniel1990
    Thank you Caz and Legal Magpie
    That's quite shocking but I suppose something valuable to learn when booking in advance.

    They have offered us a flight which alllows us to arrive in Lisbon later than planned and therfore less stop over.

    The other airline has more expensive tickets about £150 pp which would depart and arrive at the same sort of times.

    The hotel we have booked would charge a cancellation fee of the 1st night of around £150.

    Is it right to expect that the airline will cover my cancellation fee if I decide to scrap the holiday and take their refund. From your previous reply I doubt it.
    Thank you both for your advice
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