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  • FIRST POST
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 2:37 PM
    • 146Posts
    • 43Thanks
    Aubrey Thicket
    Refused and now ignored by Iberia
    • #1
    • 13th Sep 17, 2:37 PM
    Refused and now ignored by Iberia 13th Sep 17 at 2:37 PM
    Hi all


    Earlier this year (April 2017) we were scheduled to take a flight from Heathrow to Miami (Via Madrid). We booked the flights with BA but on arriving at Heathrow found that the flight was operated by Iberia. We actually boarded the plane and actually taxied to the end of the runway but the plane returned back to the gate and were told to get off because of a technical fault. We were then left waiting 6 hours in Heathrow. Eventually, the only option of getting to Miami was to fly to New York. Wait in New York for 4 hours and then another flight to Miami. So, we wrote to BA who immediately dismissed our Claim and told us to take it up with Iberia as they were responsible. So, we claimed via Iberia Website (which is a nightmare). Eventually, Iberia sent us a standard letter telling us there was no compensation due and the case was closed. So, since then we have written twice to Iberia in Madrid (by recorded delivery at £7 per time) only to be ignored.


    I'm not asking anybody to do the job for me but I would just like some information on what to do next with regards to:


    1. Do we actually have grounds for a claim given the length of the flight delay and also the fact that Iberia did actually get us to Miami, albeit over 12 hours later (if you take into account the 6 hour delay in Heathrow and then the re route to New York etc).


    2. Should we give up fighting this ourselves and hand it to a specialist solicitors company?


    Thank you in advance all.
Page 1
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 2:43 PM
    • 146 Posts
    • 43 Thanks
    Aubrey Thicket
    • #2
    • 13th Sep 17, 2:43 PM
    • #2
    • 13th Sep 17, 2:43 PM
    Tried to edit the title of this to 'Flight Delay Compo refused and now ignored' but it wouldn't let me. apologies for any confusion...


    This indeed is a thread regarding a delayed/cancelled Iberia flight from Heathrow to Miami
    • Justice13075
    • By Justice13075 13th Sep 17, 3:44 PM
    • 984 Posts
    • 420 Thanks
    Justice13075
    • #3
    • 13th Sep 17, 3:44 PM
    • #3
    • 13th Sep 17, 3:44 PM
    Firstly whether you are due compensation is down to was the delay caused by an extraordinary circumstance. Put you flight details into bottonline and EuClaim if they say you are due compensation google and download Vaubans guide all will be explained.
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 4:19 PM
    • 146 Posts
    • 43 Thanks
    Aubrey Thicket
    • #4
    • 13th Sep 17, 4:19 PM
    • #4
    • 13th Sep 17, 4:19 PM
    Brilliant. Thank you.
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 4:32 PM
    • 146 Posts
    • 43 Thanks
    Aubrey Thicket
    • #5
    • 13th Sep 17, 4:32 PM
    • #5
    • 13th Sep 17, 4:32 PM
    Hi again

    So. I did as you suggested. Input all our family details in Euclaim and it returned saying that we WERE due compensation. However, the next step became a little scary as I was asked to read the terms and conditions which to be honest I don't really understand. There's talk of:
    No win no fee
    Liability
    Indemnity
    Force majeure etc

    And looking through it I can't properly see the fees that they will take from us if we are successful.

    Thanks.
    • Caz3121
    • By Caz3121 13th Sep 17, 4:39 PM
    • 10,775 Posts
    • 7,021 Thanks
    Caz3121
    • #6
    • 13th Sep 17, 4:39 PM
    • #6
    • 13th Sep 17, 4:39 PM
    the checkers are useful to validate whether compensation is due or not,(it is worth checking bottonline too) I would still follow Vauban's guide to see steps for NBA before looking to use a NWNF that will likely take about 30% of the compensation.
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 4:43 PM
    • 146 Posts
    • 43 Thanks
    Aubrey Thicket
    • #7
    • 13th Sep 17, 4:43 PM
    • #7
    • 13th Sep 17, 4:43 PM
    Thanks Caz.

    Will do bottom line too. Euclaim say they work on NWNF and will take 25% and also £25 admin fee per passenger.

    Based on our family of 4 that amounts to:

    4 x €600 = €2400
    25% deduction (win) €600
    Admin deduction £100

    I would like to ask other readers of this thread if IN THEIR OPINION I should accept this or is it worth giving it a go with the afire mentioned Vaubans Guide, bearing in mind I'm not sure how simple/difficult Vaubans guide is.
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 4:53 PM
    • 146 Posts
    • 43 Thanks
    Aubrey Thicket
    • #8
    • 13th Sep 17, 4:53 PM
    • #8
    • 13th Sep 17, 4:53 PM
    Bottononline also confirms compensation is due.

    Just to recap... I'm not being lazy. I did previously claim online against Iberia but they dismissed my claim. I then wrote 2 letters to them by recorded delivery. So, you can see that I'm not after somebody doing it for me. I'm just looking for advice on what to do next.

    Up to now thanks for all your advice.
    • Justice13075
    • By Justice13075 13th Sep 17, 5:20 PM
    • 984 Posts
    • 420 Thanks
    Justice13075
    • #9
    • 13th Sep 17, 5:20 PM
    • #9
    • 13th Sep 17, 5:20 PM
    So now read Vaubans guide if you need any help come back
    • Aubrey Thicket
    • By Aubrey Thicket 13th Sep 17, 6:51 PM
    • 146 Posts
    • 43 Thanks
    Aubrey Thicket
    Return
    Will do.

    Thank you.
    • Tyzap
    • By Tyzap 13th Sep 17, 9:19 PM
    • 982 Posts
    • 494 Thanks
    Tyzap
    Bottononline also confirms compensation is due.

    Just to recap... I'm not being lazy. I did previously claim online against Iberia but they dismissed my claim. I then wrote 2 letters to them by recorded delivery. So, you can see that I'm not after somebody doing it for me. I'm just looking for advice on what to do next.

    Up to now thanks for all your advice.
    Originally posted by Aubrey Thicket
    Hi Aubrey,

    I don't think there is any doubt that you are due compensation from Iberia, the question is how.

    According to the CAA website they do not seem to have contracted an ADR service provider to adjudicate for them, so that route is a none starter.

    That leaves three options open to you.

    1). As you will read in Vaubans guide, there is no point trying to sue them via MCOL tho, if they do not have a legal presents in the UK. Maybe check companies house for a UK address for Iberia to be able to serve notice upon them.

    2). The ESCP (European Small Claims Procedure) is a further option. You will find a link to Dr Watsons in depth guide about ESCP in Vaubans guide. It is a tried and tested system which gets results.

    3). Use a professional firm of solicitors, such as Botts.

    Good luck.
    Please read Vaubans superb guide.
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