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  • FIRST POST
    • jamski07
    • By jamski07 17th Jul 16, 11:50 PM
    • 88Posts
    • 14Thanks
    jamski07
    Claiming against Norwegian Airlines
    • #1
    • 17th Jul 16, 11:50 PM
    Claiming against Norwegian Airlines 17th Jul 16 at 11:50 PM
    Thought I would document the progress of my claim as I can't see anything specific to Norwegian on here.

    So we were 7.5 hours delayed due to a member of ground staff being ill. To date, long story short, they've tried to fob us off claiming exceptional circumstances and citing a case about a damaged engine, totally irrelevant!

    I refused their offer of reimbursing our expenses of £60, found a case that went against the airline that has the exact same circumstance as ours, and have issued a Notice before action today.

    Planning on taking this all the way myself as the NWNF solicitors would be taking pretty much half of the compensation.

    Any advise welcome, especially regarding the small claims court, as it's going to have to be European Small Claims Procedure I think, can't see a UK address anywhere for them.

    As recommended in Vaubans guide, I have given them 14 days to respond, so have a couple of weeks to do my research for the next phase. Thanks to those who have helped on here to date.
Page 2
    • Vauban
    • By Vauban 30th Aug 16, 11:04 AM
    • 4,433 Posts
    • 1,951 Thanks
    Vauban
    For whatever reason, Norwegian appear happy to cut their nose off to spite their face. Anyone have a theory as to why?
    Originally posted by castra
    Because only a tiny number of passengers take them to court, I suspect. A few (but less than a majority I guess) may write to request flight delay compensation, but most are put off by the letters refusing to engage. So it's cheaper for the airline just to wait to get the court judgement and only then pay up - rather than have a proper system to pay everyone out who is entitled.

    The CAA should be on to them for this systematic failure to adhere to the Regulation: but as the airlines' friend, they do nothing ...
    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!
    • Froggitt
    • By Froggitt 30th Aug 16, 5:13 PM
    • 5,731 Posts
    • 3,034 Thanks
    Froggitt
    Another result with Norwegian in the epost today. Didnt need to go to the CAA this time. Maybe the £150 a time CAA bill has led them to a change of heart on blanket refusals.

    This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to technical difficulties.
    Based on the nature of this disruption, we’ve honoured your request for compensation (250 EUR per passenger).
    Also the one I took to CAA, got this today
    The payment has been executed 22 August 2016
    and a letter from the bank today confirmed it's arrival and currency exchange.
    illegitimi non carborundum
    • Froggitt
    • By Froggitt 30th Aug 16, 5:17 PM
    • 5,731 Posts
    • 3,034 Thanks
    Froggitt
    Norwegian haven't replied to Bott & Co yet, so court papers are being sent. Surely there comes a point where Norwegian can see the case isn't going away and it's in everyones interest just for them to pay up?!
    Originally posted by jamski07
    Did you go to the CAA before Bott and Co? If so, what did they say?
    illegitimi non carborundum
    • jamski07
    • By jamski07 2nd Sep 16, 10:29 PM
    • 88 Posts
    • 14 Thanks
    jamski07
    Did you go to the CAA before Bott and Co? If so, what did they say?
    Originally posted by Froggitt
    I didn't. Haven't seen that in any of the guides, but perhaps I just missed it. To be honest life has got pretty busy and it's one less thing to worry about now it's with the solicitors. I'd be delighted to get the £500 we're due, not as much as it could have been but it's £500 more towards next years holiday.
    • Froggitt
    • By Froggitt 3rd Sep 16, 9:42 AM
    • 5,731 Posts
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    Froggitt
    FYI CAA are acting as the Ombudsman for those airlines not signed up to an Ombudsman service.
    illegitimi non carborundum
    • Vauban
    • By Vauban 3rd Sep 16, 1:31 PM
    • 4,433 Posts
    • 1,951 Thanks
    Vauban
    FYI CAA are acting as the Ombudsman for those airlines not signed up to an Ombudsman service.
    Originally posted by Froggitt
    They can't make the airlines pay up though. So I still don't see the point of it. Lots of posts on these threads where the CAA have agreed compensation is due, but the airline still refuses to pay.
    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!
    • jamski07
    • By jamski07 19th Sep 16, 6:10 PM
    • 88 Posts
    • 14 Thanks
    jamski07
    Norwegian aren't even responding to Solicitors or the courts so I doubt the CAA will be able to do much! All very frustrating.
    • Froggitt
    • By Froggitt 19th Sep 16, 6:20 PM
    • 5,731 Posts
    • 3,034 Thanks
    Froggitt
    Yup nothing. Other than revoke their license to fly to/from the UK.

    Latest email from Norwegian....I don't understand why they're not coughing for anyone else!!!

    Dear Mr. Froggitt,
    We have now finalized payment of 500 EUR (250 EUR per passenger) to the earlier stated account number.

    The money should be accessible in your account within two to three weeks.

    Kind Regards

    Eva B
    Accountancy Norwegian Air Shuttle
    illegitimi non carborundum
    • jamski07
    • By jamski07 20th Sep 16, 2:06 PM
    • 88 Posts
    • 14 Thanks
    jamski07
    Yup nothing. Other than revoke their license to fly to/from the UK.

    Latest email from Norwegian....I don't understand why they're not coughing for anyone else!!!
    Originally posted by Froggitt
    Very weird. What was the reason for your delay?
    • Froggitt
    • By Froggitt 20th Sep 16, 4:55 PM
    • 5,731 Posts
    • 3,034 Thanks
    Froggitt
    Arrived five hours late, they say
    This delay was caused by an earlier disruption within our network that had a direct effect on this flight. The original flight was disrupted due to technical difficulties.
    which doesn't sound too different from your engine problems. Unless its fundamental engine design problem, say involving a recall of the engines to the manufacturer, then its not extraordinary circumstances.
    illegitimi non carborundum
    • jamski07
    • By jamski07 20th Sep 16, 10:27 PM
    • 88 Posts
    • 14 Thanks
    jamski07
    Arrived five hours late, they say

    which doesn't sound too different from your engine problems. Unless its fundamental engine design problem, say involving a recall of the engines to the manufacturer, then its not extraordinary circumstances.
    Originally posted by Froggitt
    Mine was due to a single member of staff going home ill. By the time a replacement was found, the rest of the crew had been on too long so had to leave too, meaning an 8 hour delay. They claimed exceptional circumstances in the one reply I had which this isn't. So far neither the solicitors, or as far as I know the court have had any replies to them.
    • gordon_harris
    • By gordon_harris 6th Oct 16, 11:50 AM
    • 8 Posts
    • 14 Thanks
    gordon_harris
    I'm in the middle of a claim with Norwegian which seems pretty open and shut to me. The flight was delayed for over 24 hours and the reason they've given was that there was a "possible fault with the aircraft that was later dismissed after inspection". They're claiming this is "extraordinary circumstances" but that seems a pretty weak case in this instance. From what the pilot said at the time it seems there was some kind of warning light relating to the plane's computer system that they couldn't get rid of and needed an engineer to come out and fix.

    I just wondered though where people have escalated their cases with Norwegian? This flight was from the US to Copenhagen so I was thinking it should go to the Danish regulators but I'm not sure. All I've done so far is submit the original complaint which they replied to after about a month with the line about extraordinary circumstances.
    • Maureen Jay
    • By Maureen Jay 9th Oct 16, 6:03 PM
    • 10 Posts
    • 2 Thanks
    Maureen Jay
    I pursued a claim against Norwegian Air for a cancelled flight in March on behalf of 10 passengers, I used JPears and 111KAB for advice. Norwegian quoted extraordinary circumstances "staff sickness" which is not extraordinary, we received 400 Euros each plus additional out of pocket expenses, like kennel fees, loss of earnings, additional overnight hotel fees due to very late arrival at Gatwick. The rest of our party (we were 35 in total) also received compensation. It was a hard slog but if you are in the right keep going. Many thanks to JPears and 111KAB for their help and advice.
    • JPears
    • By JPears 9th Oct 16, 9:11 PM
    • 2,596 Posts
    • 731 Thanks
    JPears
    I pursued a claim against Norwegian Air for a cancelled flight in March on behalf of 10 passengers, I used JPears and 111KAB for advice. Norwegian quoted extraordinary circumstances "staff sickness" which is not extraordinary, we received 400 Euros each plus additional out of pocket expenses, like kennel fees, loss of earnings, additional overnight hotel fees due to very late arrival at Gatwick. The rest of our party (we were 35 in total) also received compensation. It was a hard slog but if you are in the right keep going. Many thanks to JPears and 111KAB for their help and advice.
    Originally posted by Maureen Jay
    Well done Maureen Jay. Perseverance is often the key
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • castra
    • By castra 10th Oct 16, 10:54 AM
    • 11 Posts
    • 0 Thanks
    castra
    I'm in the middle of a claim with Norwegian which seems pretty open and shut to me. The flight was delayed for over 24 hours and the reason they've given was that there was a "possible fault with the aircraft that was later dismissed after inspection". They're claiming this is "extraordinary circumstances" but that seems a pretty weak case in this instance. From what the pilot said at the time it seems there was some kind of warning light relating to the plane's computer system that they couldn't get rid of and needed an engineer to come out and fix.

    I just wondered though where people have escalated their cases with Norwegian? This flight was from the US to Copenhagen so I was thinking it should go to the Danish regulators but I'm not sure. All I've done so far is submit the original complaint which they replied to after about a month with the line about extraordinary circumstances.
    Originally posted by gordon_harris
    No matter what the delay, Norwegian Air will always claim 'extraordinary circumstances'. (see my earlier posting on this thread and the response). What you have quoted from Norwegian is utter nonsense (from the airline) and comes nowhere close to the definition of 'extraordinary circumstances'.

    Regarding in which state you should pursue the claim: I don't know the answer to that. I would expect somebody here to clarify that, or another option possibly: Contact somebody like Bott & Co with all the details. If its out of their jurisdiction, I'm sure they will point you in the right direction if they can't handle the case.
    • Froggitt
    • By Froggitt 10th Oct 16, 11:59 AM
    • 5,731 Posts
    • 3,034 Thanks
    Froggitt
    My second claim against them, they didn't claim "extraordinary circumstances" and it went through/all paid within a month or so.

    I don't know whether this was because I included an implied threat that I knew it wasn't extraordinary and that I would take it straight to the CAA, which would cost them another £150 in costs if they tried claiming it was.
    illegitimi non carborundum
    • jamski07
    • By jamski07 1st Nov 16, 11:25 AM
    • 88 Posts
    • 14 Thanks
    jamski07
    WE WON! They've finally agreed to pay! Happy days. It's worth the fight, don't give up folks.
    • JPears
    • By JPears 1st Nov 16, 3:20 PM
    • 2,596 Posts
    • 731 Thanks
    JPears
    Well done and congratulations.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Froggitt
    • By Froggitt 14th Nov 16, 3:45 PM
    • 5,731 Posts
    • 3,034 Thanks
    Froggitt
    My second claim against them, they didn't claim "extraordinary circumstances" and it went through/all paid within a month or so.

    I don't know whether this was because I included an implied threat that I knew it wasn't extraordinary and that I would take it straight to the CAA, which would cost them another £150 in costs if they tried claiming it was.
    Originally posted by Froggitt
    Just flown with Norwegian from Fort Lauderdale on a new Dreamliner. Great flight, arrived early. Loads of legroom in the seats behind the galley, row 11 DEF. In fact so much, people were using it as the cut thru to the toilets.
    illegitimi non carborundum
    • jamski07
    • By jamski07 29th Nov 16, 10:03 AM
    • 88 Posts
    • 14 Thanks
    jamski07
    Received the money this morning. Nearly 6 months in all. And still not received the expenses they said they would pay. That will be my next battle. Have to say they seem to be getting more and more negative comments on Facebook. I will never ever fly with them again.
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