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  • FIRST POST
    • Gorie
    • By Gorie 19th Jul 17, 5:17 PM
    • 98Posts
    • 19Thanks
    Gorie
    Do you HAVE to go through Adjudication Services?
    • #1
    • 19th Jul 17, 5:17 PM
    Do you HAVE to go through Adjudication Services? 19th Jul 17 at 5:17 PM
    I was recently delayed on a European Flight due to a spurious ‘natural disaster’. The airline in question have refused to pay out citing exceptional circumstances. They have not responded to subsequent emails / letters.

    My question is do I need to use an adjudication service (and wait the eight weeks etc…) Or could I just serve a Notice Before Action and then proceed with a Money Claim Online?

    What are other people’s experiences with CEDR and other adjudicators?

    Many thanks for your experienced help.
Page 1
    • Vauban
    • By Vauban 19th Jul 17, 7:03 PM
    • 4,708 Posts
    • 2,085 Thanks
    Vauban
    • #2
    • 19th Jul 17, 7:03 PM
    • #2
    • 19th Jul 17, 7:03 PM
    You can proceed with MCOL - but why would you? CEDR seem to be pretty fair and - if it's a straightforward case - it'll be much quicker than going to court (which takes potentially many months).
    • Gorie
    • By Gorie 19th Jul 17, 8:48 PM
    • 98 Posts
    • 19 Thanks
    Gorie
    • #3
    • 19th Jul 17, 8:48 PM
    • #3
    • 19th Jul 17, 8:48 PM
    Thanks Vauban. I guess I will try CEDR first.

    Furthermore on reading it again the webpage on MSE about flight delays states:

    If you're flying to or from the UK and your airline's with an adjudicator, you MUST use the ADR scheme.

    So I've emailed and written (with proof of postage) to EasyJet today.
    • Vauban
    • By Vauban 19th Jul 17, 8:56 PM
    • 4,708 Posts
    • 2,085 Thanks
    Vauban
    • #4
    • 19th Jul 17, 8:56 PM
    • #4
    • 19th Jul 17, 8:56 PM
    Thanks Vauban. I guess I will try CEDR first.

    Furthermore on reading it again the webpage on MSE about flight delays states:

    If you're flying to or from the UK and your airline's with an adjudicator, you MUST use the ADR scheme.

    So I've emailed and written (with proof of postage) to EasyJet today.
    Originally posted by Gorie
    In fairness, I think the context of the paragraph means that if you want to appeal to an adjudicator, you have to use the one the airline has formally signed up to (rather than a separate one - of which there are a few). You absolutely don't have to go to ADR before going to court.
    • Gorie
    • By Gorie 14th Sep 17, 10:19 AM
    • 98 Posts
    • 19 Thanks
    Gorie
    • #5
    • 14th Sep 17, 10:19 AM
    • #5
    • 14th Sep 17, 10:19 AM
    Thanks for that - time has come and I'll put my claim to ADR.
    • JPears
    • By JPears 14th Sep 17, 10:28 AM
    • 3,274 Posts
    • 916 Thanks
    JPears
    • #6
    • 14th Sep 17, 10:28 AM
    • #6
    • 14th Sep 17, 10:28 AM
    What was the "natural disaster"?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Gorie
    • By Gorie 15th Sep 17, 11:14 AM
    • 98 Posts
    • 19 Thanks
    Gorie
    • #7
    • 15th Sep 17, 11:14 AM
    • #7
    • 15th Sep 17, 11:14 AM
    It was the first of three excuses used in phone calls for said flight. It changed to weather and then became ATC restrictions. They emailed and phoned me to explain politely why I couldn't claim - both with alternative reasons.
    • JPears
    • By JPears 15th Sep 17, 12:19 PM
    • 3,274 Posts
    • 916 Thanks
    JPears
    • #8
    • 15th Sep 17, 12:19 PM
    • #8
    • 15th Sep 17, 12:19 PM
    Sounds like a touch of bovine excrement being cast around there by airline?
    Which airline?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Gorie
    • By Gorie 15th Sep 17, 12:46 PM
    • 98 Posts
    • 19 Thanks
    Gorie
    • #9
    • 15th Sep 17, 12:46 PM
    • #9
    • 15th Sep 17, 12:46 PM
    It was EasyJet.

    Their rejection to my initial claim cited natural disaster. I wrote to them and then received two phone calls, each with a new excuse and finally (as I had asked for emails) an email stating weather.

    They had told us (ground staff in airport on day of delay) weather on the day (in Southern Europe) delayed our aircrafts preceding flights. So I think that is the most likely and accurate explanation. But weather didn't affect MY flight.

    I've just today escalated to CEDR...
    Last edited by Gorie; 15-09-2017 at 12:47 PM. Reason: clarification
    • JPears
    • By JPears 15th Sep 17, 12:55 PM
    • 3,274 Posts
    • 916 Thanks
    JPears
    Have you read the EJ thread? You will see that EJ are not above misinforming or deceiving customers.....
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Gorie
    • By Gorie 15th Sep 17, 11:43 PM
    • 98 Posts
    • 19 Thanks
    Gorie
    Yup I've read it loads - yet somehow I'm still surprised. Makes me wonder whether some people there are actually paid to phone claimants and see how many they can put off taking things further???
    • JPears
    • By JPears 16th Sep 17, 10:45 AM
    • 3,274 Posts
    • 916 Thanks
    JPears
    It's a numbers game. Airlines will probably fob off 80-90% of passengers. Possibly 10% may continue and get compensated. Result for the airlines.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Gorie
    • By Gorie 18th Sep 17, 1:23 PM
    • 98 Posts
    • 19 Thanks
    Gorie
    Thats incredible, I guess thats where the threat of £25 comes (that said at least its not paid in advance) I'll keep you posted.
    • Tyzap
    • By Tyzap 18th Sep 17, 1:53 PM
    • 1,139 Posts
    • 551 Thanks
    Tyzap
    Thats incredible, I guess thats where the threat of £25 comes (that said at least its not paid in advance) I'll keep you posted.
    Originally posted by Gorie
    Personally, I have not heard of a single person having to pay the £25 fee.

    If anyone has, I'd love to know why.

    The stats from the ADR companies would make interesting reading but I doubt they'll get published.
    Please read Vaubans superb guide.
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