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    • Hervness
    • By Hervness 13th Jul 17, 3:40 PM
    • 2 Posts
    • 0 Thanks
    Hervness
    Hi! My flight with Meridana Airlines was delayed and after following all your advice I've been offered compensation which is brilliant. HOWEVER, in order to pay me they want me to email a copy of my passport along with all my bank details to their customer services email address!? Is this normal/safe as I'm worried about doing this? Please advise! Thankyou
    • SMck
    • By SMck 13th Jul 17, 11:31 PM
    • 4 Posts
    • 0 Thanks
    SMck
    If an airline agrees to pay under the rules for EU on flight delays, can you still claim separately on travel insurance?
    • Vauban
    • By Vauban 13th Jul 17, 11:34 PM
    • 4,611 Posts
    • 2,039 Thanks
    Vauban
    If an airline agrees to pay under the rules for EU on flight delays, can you still claim separately on travel insurance?
    Originally posted by SMck
    yes you can
    • SMck
    • By SMck 13th Jul 17, 11:54 PM
    • 4 Posts
    • 0 Thanks
    SMck
    Thank you. Travel insurance are stating that we need a letter from airline with the exact details of the fault of the aircraft. They have already provided confirmation of the delay. Do I really need to try to source this as well?
    • Caz3121
    • By Caz3121 14th Jul 17, 7:55 AM
    • 10,604 Posts
    • 6,935 Thanks
    Caz3121
    Thank you. Travel insurance are stating that we need a letter from airline with the exact details of the fault of the aircraft. They have already provided confirmation of the delay. Do I really need to try to source this as well?
    Originally posted by SMck
    you would not be claiming EU261 from you travel insurance, you would be claiming as per your policy. What does your policy say about delays? it is not unusual for it to be something like £20 for each 12 hour delay so I don't know what the aircraft fault has to do with it but it depends on your policy wording
    • symphony63
    • By symphony63 14th Jul 17, 12:41 PM
    • 55 Posts
    • 3 Thanks
    symphony63
    I have this ongoing dispute with an airline. They agreed to pay the compensation under EU 261/2004 and paid in GBP, but they used an exchange rate that I couldn't phantom from where they picked that exchange rate up.
    After querying this I received a reply from the airline that they used the exchange rate (EUR to GBP) that was relevant on the day the delay happened. After looking that up it worked out a discrepancy of 350+ GBP (on a group of 7). I wrote to them and they didn't respond.
    I decided to take the matter to MCOL. Obviously they didn't respond. After the statutory 28 days I asked for Judgment by Default which I got.
    That's when the airline woke up and got a firm of solicitors on the case. They want to agree to a settlement with the exchange rate being the rate of when the claim in court was made. That's obviously about 200 GBP less. The firm of solicitors refer to a case Blake v EasyJet whereby the judge's view was that the exchange rate for converting the Euros into GBP should be established on the date of the issue of the court proceedings by the relevant passenger
    My question to the forum is if that is correct?
    My opinion is that in my case there is no dispute which date to use as the date for exchange, only which rate was relevant on that date. This firm of solicitors are just trying to scare me that I should agree to a lower figure. They get paid and they have to show something for it. Although, should the airline have settled what I asked for to begin with it would have cost them much less.
    Awaiting some learned advice.
    Last edited by symphony63; 14-07-2017 at 12:56 PM.
    • Vauban
    • By Vauban 14th Jul 17, 3:13 PM
    • 4,611 Posts
    • 2,039 Thanks
    Vauban
    I have this ongoing dispute with an airline. They agreed to pay the compensation under EU 261/2004 and paid in GBP, but they used an exchange rate that I couldn't phantom from where they picked that exchange rate up.
    After querying this I received a reply from the airline that they used the exchange rate (EUR to GBP) that was relevant on the day the delay happened. After looking that up it worked out a discrepancy of 350+ GBP (on a group of 7). I wrote to them and they didn't respond.
    I decided to take the matter to MCOL. Obviously they didn't respond. After the statutory 28 days I asked for Judgment by Default which I got.
    That's when the airline woke up and got a firm of solicitors on the case. They want to agree to a settlement with the exchange rate being the rate of when the claim in court was made. That's obviously about 200 GBP less. The firm of solicitors refer to a case Blake v EasyJet whereby the judge's view was that the exchange rate for converting the Euros into GBP should be established on the date of the issue of the court proceedings by the relevant passenger
    My question to the forum is if that is correct?
    My opinion is that in my case there is no dispute which date to use as the date for exchange, only which rate was relevant on that date. This firm of solicitors are just trying to scare me that I should agree to a lower figure. They get paid and they have to show something for it. Although, should the airline have settled what I asked for to begin with it would have cost them much less.
    Awaiting some learned advice.
    Originally posted by symphony63
    I can't offer you learned advice. But I can say that it will be a challenge for the airline to get a setaside (which they have to do first, and which will cost them £255). They can only do this if they can show a reasonable reason why they didn't respond to the court claim first time round, and that they have a credible defence:

    http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

    On the latter point, I understand that the Blake judgement is "persuasive" and likely to hold up. See here:

    https://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

    But why didn't the airline respond to your initial claim? Did you send the papers to the correct address? If so, they might struggle to persuade a judge to allow it - so I would hold firm. It's already costing them more than if they had responded properly first time.
    • symphony63
    • By symphony63 14th Jul 17, 3:28 PM
    • 55 Posts
    • 3 Thanks
    symphony63
    I haven't seen a true copy of the Blake v EasyJet judgement besides what you referred to, from flightdelays.co.uk. I am not sure that they quote the judgement correctly.
    I found the following quote online
    Regulation says nothing about conversion from euros.
    In Blake v Easyjet Airlines Company Limited (March 2015, Liverpool County Court, District Judge Henthorn):
    “Where there are proceedings the sum crystallises on commencement because CPR provides that damages claimed in £ sterling for damages or compensation expressed in a foreign currency must use the conversion rate on the date proceedings are commenced. This must apply to compensation for a breach of Article 7 of the Regulation. This is consistent with the authorities which make it clear that the breach date does not have to be the date for the conversion rate in tort. On balance I think it is better to use the conversion rate when proceedings are commenced for litigated cases and the date of payment for claims settled before litigation and in neither case to use the breach date.”
    Litigation started not as a dispute regarding 261/2004, as the airline accepted liability as of the breach date, the dispute was about what the exchange rate was on the breach date. The airline sent cheques claiming that these represent the EUR conversion rates in GBP on the breach date, which was wrong.
    Is there anyway where I can get a copy of the judgement?
    • SMck
    • By SMck 15th Jul 17, 12:28 AM
    • 4 Posts
    • 0 Thanks
    SMck
    Policy states you may need official letter for proof of and cause of delay....
    • SMck
    • By SMck 15th Jul 17, 12:29 AM
    • 4 Posts
    • 0 Thanks
    SMck
    Proof of and cause of delay...
    • Caz3121
    • By Caz3121 15th Jul 17, 6:23 AM
    • 10,604 Posts
    • 6,935 Thanks
    Caz3121
    Proof of and cause of delay...
    Originally posted by SMck
    what does your policy pay out for your length of delay? many insurance policies only pay anything for delays over 12 hours...how long was your delay? and how much would your claim be for?
    • legal magpie
    • By legal magpie 15th Jul 17, 9:18 PM
    • 683 Posts
    • 333 Thanks
    legal magpie
    The claim has to state the equivalent value in sterling and if the airline pays up there and then that's the end of the matter. But if they don't and it goes to trial and judgment is given the sterling equivalent is at the date of judgment. Could be more or less than the original
    • Noafie
    • By Noafie 17th Jul 17, 1:52 PM
    • 4 Posts
    • 2 Thanks
    Noafie
    Hiya, I put in a claim with Norwegian air for a 5 hour delay which was caused by a drone at Gatwick. they have come back with an offer and my initial reaction was to dispute it but I think as it was caused by a drone this could be classed as 'exceptional' therefore they could retract their offer? does anyone have any advise?


    *I was going to dispute the claim as they had ample time (12hrs+) to get another crew for my flight instead of leaving it so late and causing the delay.
    • Caz3121
    • By Caz3121 17th Jul 17, 2:22 PM
    • 10,604 Posts
    • 6,935 Thanks
    Caz3121
    Hiya, I put in a claim with Norwegian air for a 5 hour delay which was caused by a drone at Gatwick. they have come back with an offer and my initial reaction was to dispute it but I think as it was caused by a drone this could be classed as 'exceptional' therefore they could retract their offer? does anyone have any advise?


    *I was going to dispute the claim as they had ample time (12hrs+) to get another crew for my flight instead of leaving it so late and causing the delay.
    Originally posted by Noafie
    EU261 compensation is based on the distance of the flight and is a fixed amount. What was your route and what was their "offer"
    • Noafie
    • By Noafie 18th Jul 17, 2:20 PM
    • 4 Posts
    • 2 Thanks
    Noafie
    Thankyou


    it was Ibiza to Gatwick, they have offered €250 per person which sounds quite good to me but 5 hour delay with a 4 year old was not fun when they had enough time to sort it out.
    If its not worth me pushing further I'm happy not to, also if I get this compensation can I still claim on my insurance?
    • Caz3121
    • By Caz3121 18th Jul 17, 2:29 PM
    • 10,604 Posts
    • 6,935 Thanks
    Caz3121
    it was Ibiza to Gatwick, they have offered €250 per person which sounds quite good to me but 5 hour delay with a 4 year old was not fun when they had enough time to sort it out.
    If its not worth me pushing further I'm happy not to, also if I get this compensation can I still claim on my insurance?
    Originally posted by Noafie
    that is the correct amount for the route....whether it is 4 hours, 14 hours or 24 hours the amount is the same
    Your insurance policy should tell you if they pay anything for a 5 hour delay (many don't kick in till longer)
    • bricky74
    • By bricky74 18th Jul 17, 5:24 PM
    • 1 Posts
    • 0 Thanks
    bricky74
    EU Claim
    Dear Martin/All
    We were delayed for 4+ hours last June on a Thomson night flight leaving Manchester. Unknowingly we raised a claim through a company called EU Claim. They have been slow beyond belief. I've contacted them on numerous occassions stating other family members on the same flight have been paid out. I have wrote direct to the airline asking what the hold up is and why they aren't responding to letters from EU Claim and they replied straight away to me (well within 28 days) saying they are paying out and sending me a check for £1400. I haven't received payment yet but where does this leave me with the 3rd party company. In their T&C's it states we must inform them if the airline contacts us... I'm just frustrated as I've done their job for them and they want to take 25% commission. Please advise.
    • JPears
    • By JPears 18th Jul 17, 5:37 PM
    • 2,898 Posts
    • 820 Thanks
    JPears
    You could pocket the money and see if they contact you for their cut then argue that as far as you are concerned they didn't actually do much to gain compensation, leaving them to justify their cut. They may not be aware and not contact you are at all.
    Or you could contact them directly and negotiate a reduced commision given that if has taken along time and a prompt to the airline from yourself to gain payment.
    Up to you.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • rachavs
    • By rachavs 19th Jul 17, 2:49 PM
    • 3 Posts
    • 0 Thanks
    rachavs
    Hi,
    I was caught up in the chaos at Gatwick airport on Monday due to the Air Canada plane blowing a tyre. I have had a email from Easyjet saying they won't pay compensation as it was beyond our control. I totally accept that however what i do not except it the utterly appalling customer service we received at the airport from Easyjet representatives and believe I should be compensated for that.

    We were basically stranded in the airport for hours with no information other than nearly every light from the airport had been cancelled, the queue and chaos in the easyjet departures was horrendous. I was given 3 sets of conflicting information from easyjet representatives one of which was very rude. A group of us was told by the first person we encountered (which was at least a couple of hours after all the flights had been cancelled) to do what ever was necessary to get home and easyjet would pay if we keep all the receipts. I continued to stay in the customer service queue while we googled hotels and other airports and flights etc and the next available easyjet flight wasn't until Wednesday afternoon approx 44 hours after when my original flight was due to depart and myself and my husband needed to get home for our children. However due to the fact that the whole airport was being tuffed out on the street there was no availability at any of the Gatwick hotels and no flights from any other airports until the next day and which were really expensive.

    Another woman (the rude one) then turned up and said easyjet would not pay for any other form of transportation home if Easyjey could offer us another flight from Gatwick within 48 hours (as previously mentioned the next one they could offer me was approx 44 hours later) I explained we needed to get home for our children and couldn't wait nearly 2 more days to get home she said it didn't matter they wouldn't pay for any other flights and to book a hotel. I then told her this was not what the last person had said to which she replied well if that was what you were told why haven't you done it. I then explained that i had tried to book a hotel and there was none available she then spoke to me like i was utterly stupid and said i shouldn't be trying to do it myself I should be doing it via the easyjet app, i asked how did i do that and she said that it came up the option to book a hotel when you logged in, I showed her my screen that I hadn't been given that option to which she told me to log out and log back in and then show her. whilst i was doing this her phone rang which she answered with no apology walked away and never came back. once logged back in no where on the app was i given the option to book a hotel, the woman in front of me said she had been given it but she was 200 and 20 something in the online queue to book a hotel. As you can imagine we didn't know what to do.

    In the meantime my Dad had found a train we could get at 23.50 another man then turned up and told us queuing for customer services was pointless they wouldn't be able to do anything and to book a hotel and another flight keep receipts and we would be able to claim, I asked about the train and told him that this was a better option for us as we really needed to get on our way that night as they next flights for a reasonable price weren't until the next afternoon from Heathrow, he told me that they wouldn't pay for trains again conflicting info to what we'd been given by the other 2 people. By this time we had been in the airport for about 7 hours none the wiser had been given 1 bottle of water (no food vouchers were offered) so decided to just go for the train. I have kept all the receipts from what we spent and we did go on the 23.50 train.

    Can anyone advise as to A. whether they think that they will compensate us for the train and the journeys we made getting to the train station which were the Gatwick Express and tube, the food we purchased, the additional parking charge we incurred for not getting back to our car in time at Edinburgh and B. if I complain about the treatment and make a claim for compensation they are likely to pay out, I also have lost money by not being able to get back to work on the Tuesday as well. Sorry for such a long message but anyone advice would be much appreciated.
    Last edited by rachavs; 19-07-2017 at 3:16 PM.
    • leylandsunaddict
    • By leylandsunaddict 19th Jul 17, 3:00 PM
    • 1,252 Posts
    • 864 Thanks
    leylandsunaddict
    Sorry, but that is unreadable. It must be the longest paragraph in history.
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