MSE News: Flight delay compensation floodgates open

Mark2spark

Almost every thread has this 2 year letter in it now, despite there being two dedicated threads on it :undecided

Andrew1986uk

Hey Everyone,

I hope someone can help me. I followed the rules/templates added all of myflight details explanation the amount I was seeking blabla and send my lettersof to EasyJet for a flight back in 2009 and Thomson Airways for a flight in2012.

I kindly requested a reply within 14 days as Martin advised but I’m yet to hearanything via phone/email or letter.

I sent the letters recorded delivery (and I have the receipt) back on the18/02/2013 so I would have expected a reply at the beginning of last week.

What’s the next step? I appreciate this will be a difficult process but Iwould expect they have a duty to reply to me. Should I send a second letter andif no reply go to one of these no win no fee companies?

Please Help!

Andy

111KAB

Andrew - Post in the EasyJet thread.

dave35

Posting on behalf of my mum
She was delayed in feb 2012, flight was from Heathrow to singapore with Cathay Pacific-delayed for 13 hours including 4 hours sitting on the plane-it had a mechanical problem.
She was put up in a hotel as is correct, she wrote to the airline on her return but they have never replied-3 letters all sent recorded delivery.
Is she entitled to any compensation? If so,how does she go about it if the airline won't reply to any letters sent.
Thanks in advance

Vauban

dave35 wrote: »

Posting on behalf of my mum
She was delayed in feb 2012, flight was from Heathrow to singapore with Cathay Pacific-delayed for 13 hours including 4 hours sitting on the plane-it had a mechanical problem.
She was put up in a hotel as is correct, she wrote to the airline on her return but they have never replied-3 letters all sent recorded delivery.
Is she entitled to any compensation? If so,how does she go about it if the airline won't reply to any letters sent.
Thanks in advance

Dave,

It does sound like she has a claim. Your next stage is for your Mum to write a Notice Before Action (sometimes called Letter Before Claim). Read the FAQs - there are links to templates there. But if the airline still don't respond after 14 days, your Mum will either need to start a court claim (through MCOL) or engage a no-win no-fee company (who will take a third of the award). See my other thread "taking the airlines to court" for some useful links on court action - it ain't too hard.

goodwithmoney101

Centipede100 wrote: »

Your flights were neither delayed nor cancelled and you could have brought a legal case by now for denied boarding as that is what has happened in your case.

It was not "extraordinary circumstances" as this doesn't apply to claims for denied boarding.

I was involved in a similar successful legal case regarding the refusal of KLM to carry passengers via AMS in Dec 2010 due to "terminal overcrowding". The story is here:

http://www.flightmole.com/forum/showthread.php?t=1452

There is another similarly successful case here by Danielf which mirrors your account of the MAN-AMS denied boarding situation. Danielf didn't have to go to court as Vac had already won their case and KLM simply paid up without too much of a fight:

http://www.flightmole.com/forum/showthread.php?t=1473

You also now have the benefit of the Finnair ruling which further strengthens your denied boarding claim here:

http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=req&docid=128005&occ=first&dir=&cid=3890342

In that judgment the ECJ ruled that denied boarding should not only occur in cases of "overbooking but also to those where boarding is denied on other grounds, such as operational reasons".

You have a strong claim and I believe that in your case the airline will pay up without a court hearing (but you may have to initiate proceedings before they capitulate.

Draft a claim letter with the requisite details (you must be able to state your booking ref/PNR).

Your claim will be for 600 euros per passenger.

Just wanted to say thank you to centipede100 and the other clever folk on this site once again for the sound advice.

I eventually received a cheque this morning, 5 months after starting a process during which KLM didn't even show me the courtesy of response. They didn't bother to reply to my two recorded delivery letters nor did they respond to the court summons, so a judgement was issued in absentia. Only when sheriff officers delivered the decree and a final demand for payment did I receive a cheque from KLM's lawyers.

It wasn't easy but my case shows that as long as you are willing to persevere and follow through with the court process, you will (eventually) arrive at a successful outcome.

stephanieann

On 29 November 2012 I made a claim for an Alitalia flight from Milan to London City Airport that was cancelled in October 2009. After repeated chasing I just got a phone call from Alitalia (5 months after I initially contacted them).

They say that they will not honour the claim because the flight was in 2009 and that is too long ago. They said they would put this in writing to me.

Is this true? Has time run out? If not, any ideas what I need to do next?

Silvercity

Hey

Just wondering if anyone could help me, am trying to find out what time my parents arrived at Heathrow from Miami. I carnt seem to find out using the Flightstats website.

The Details are

17/04/13 Miami Flight BA206
18/04/13 Heathrow

was meant to depart at 17:25 and arrive at 6:40

Thanks

Vauban

Silvercity wrote: »

Hey

Just wondering if anyone could help me, am trying to find out what time my parents arrived at Heathrow from Miami. I carnt seem to find out using the Flightstats website.

The Details are

17/04/13 Miami Flight BA206
18/04/13 Heathrow

was meant to depart at 17:25 and arrive at 6:40

Thanks

It's showing as arriving just over two and a half hours late.

jfboy88

droylie wrote: »

:beer:

Dear all

Thomson have agreed to settle out of court for the full amount (400 euros x 2 + court costs of £140). I was due to go to court this Thursday and it had been put on hold for 2 years and I started it up again before Xmas. They could not prove that the 16 hrs and 33 mins delay was caused by extraordindary circumstances and in fact that our plane was used to pick up passengers in Mexico due to a technical difficulty in Mexico. My ex-husband is a Barrister and helped to write the claim against them which I am happy to post on here or send to others.

Victory! Just to say - do not give up - They wrote a 12 page defence originally but it was all rubbish.

Kerrie

Hi! droylie,
I have pm you for a copy of your letter,you need to empty your inbox. Thank you,
jfboy88