Flight delay and cancellation compensation, BA ONLY

Tyzap

Mhle-Hughes wrote: »

Hi.

I'm just wondered ring if anyone can give me some guidance on a recent Delayed flight I was on

I've rput in a claim to British Airways for a flight from Rome to Gatwick on 11th July 2015 which was delayed By 3 hours 25 minutes.
They have refused my claim as they say the delay was out of their control, and due to Air Traffic Control.!
However, we were informed by the Captain when we eventually got on board, that his Co Pilot had not turned in that morning as he was sick. !Whilst he was waiting for a new one to be assigned to him, he lost his crew to another plane. Then he said they took his plane off him and he had to wait for another plane to become available which at the time was undergoing routine maintenance. He then had to wait for a new crew to be allocated to him.!
We were left waiting at the departure gate in Rome for almost an hour with no one informing us what was going on. Eventually we were allowed on the plane and by this time they had lost the time slot for take off. There were subsequent problems which they are blaming on Air Traffic Control, but the original problems were in their control and caused the inbound flight to be delayed which subsequently delayed our departure and landing times. To top it all off just as we were about to land, the aircraft zoomed back up in the air and had to circle the airport again before landing. We were informed that this was due to the cabin being insecure. We believe there was a passenger still in the toilet. Whose fault that would be is beyond me.!
Do you think they are right in refusing my claim, or should I go back to them.!

Thanks for any help you are able to provide.!

Hi,

You probably have a valid claim but It all sounds a bit fudged. The only way to get to the bottom of it, and find the real reason for your delay, will be to put in a claim, either yourself or via a no win no fee solicitor. Also you could try putting your details into a claim calculator at one of the NWNF companies like Bott& Co.

Have a thorough read of Vaubans guide if you haven't already.

Then decide how you want to move it forwards and ask any other questions here, there are plenty of experienced regulars willing to help.

Good luck.

Mhle-Hughes

Tyzap wrote: »

Hi,

You probably have a valid claim but It all sounds a bit fudged. The only way to get to the bottom of it, and find the real reason for your delay, will be to put in a claim, either yourself or via a no win no fee solicitor. Also you could try putting your details into a claim calculator at one of the NWNF companies like Bott& Co.

Have a thorough read of Vaubans guide if you haven't already.

Then decide how you want to move it forwards and ask any other questions here, there are plenty of experienced regulars willing to help.

Good luck.

Thanks for the information. I have read through Vaubans guide but am still not clear if I have a claim, as the delay was caused by multiple issues.
I have put the details of the flight into Bott & Co's claim calculator which confirms a claim amount of €250 per person.
Would you advise getting back in touch with BA for clarification on exactly what caused the delay?
Thanks
Maria.

Justice13075

If Bott & Co say you have a claim I'd be pretty confident I did have a claim. Don't get involved in a game of Ping Pong with BA. You have read Vaubans guide issue Notice before Action. Wait for a reply if they still say they won't give you compensation you will have to decide to issue court proceeding or hand it over to a NWNF solicitor

Tyzap

Hi Maria,

Justice's post pretty much covers it.

If you're not confident to DIY I'd put it in the hands of Bott & Co or similar, it will cost you but it takes all the hassle out of it.

Use a solicitor tho, not a claims Co as they cannot issue proceedings should they need to.

Good luck.

Mark2spark

Mhle-Hughes wrote: »

Hi.

I'm just wondered ring if anyone can give me some guidance on a recent Delayed flight I was on

I've rput in a claim to British Airways for a flight from Rome to Gatwick on 11th July 2015 which was delayed By 3 hours 25 minutes.
They have refused my claim as they say the delay was out of their control, and due to Air Traffic Control.!
However, we were informed by the Captain when we eventually got on board, that his Co Pilot had not turned in that morning as he was sick. !Whilst he was waiting for a new one to be assigned to him, he lost his crew to another plane. Then he said they took his plane off him and he had to wait for another plane to become available which at the time was undergoing routine maintenance. He then had to wait for a new crew to be allocated to him.!
We were left waiting at the departure gate in Rome for almost an hour with no one informing us what was going on. Eventually we were allowed on the plane and by this time they had lost the time slot for take off. There were subsequent problems which they are blaming on Air Traffic Control, but the original problems were in their control and caused the inbound flight to be delayed which subsequently delayed our departure and landing times. To top it all off just as we were about to land, the aircraft zoomed back up in the air and had to circle the airport again before landing. We were informed that this was due to the cabin being insecure. We believe there was a passenger still in the toilet. Whose fault that would be is beyond me.!
Do you think they are right in refusing my claim, or should I go back to them.!

Thanks for any help you are able to provide.!

Letter tennis is all this is. You now have to give them 14 days notice that you are going to go to court as you disagree with their reasoning, where written documentary evidence of their various claims will have to be produced, in the meantime, interest will be accruing.

Mark2spark

SirGimpy wrote: »

Judges have disagreed.

Judges along the way have disagreed with quite a lot of things, whilst this Regulation was new to them.
Most have been resolved though by ending up at top courts through appeals.

The funniest one was Thomsons claim of how a *pre-eminent barrister* was insisting that 2 years was the maximum time limit to claim. :rotfl:
Still, the barrister got paid, even though he/she gave duff advice.
Wish i could have a job like that

111KAB

Barrister in my case informed the judge that the standard/usual Monarch turnaround time for a plane a Palma airport was 5 hours ..... then transpired he did not even know Palma was the capital city in Mallorca or even in the Med!


Judge informed said barrister of the facts (he had recently flown Ryanair to Palma) saying his flight had taken 30 mins to unload/load.

SirGimpy

Mark2spark wrote: »

Judges along the way have disagreed with quite a lot of things, whilst this Regulation was new to them.
Most have been resolved though by ending up at top courts through appeals.

My post was in response to a comment that 'bird strikes have never been extraordinary'. There is no appellate authority on bird strikes (in this country). I was merely pointing out that whilst Bott & Co like to pretend that Ash v Thomas Cook is definitive on the issue of bird strikes, the reality is that there have been decisions which went the other way.

Spaniel24

By following MSE guidance I have just received approximately £865 compensation from BA for my husband and I :T

In May 2015 we were offboarded before take off from our flight from Heathrow to Chicago due to a 'technical problem' and the engineers would not give clearance to fly. We were told another plane was available but as they couldn't get food sorted the flight ended up delayed by 5 hours.

Twice BA declined my claim saying the delay was 'safety reasons' so I escalated it to the CAA, they supported my claim and BA have paid up.

Thank you MSE my years of reading your information has paid off :money:

Mhle-Hughes

Mark2spark wrote: »

Letter tennis is all this is. You now have to give them 14 days notice that you are going to go to court as you disagree with their reasoning, where written documentary evidence of their various claims will have to be produced, in the meantime, interest will be accruing.

Thanks for your reply. I think I will now give them the 14 days notice, but I'm unsure exactly how I do this. Have you any set format or stock letters that you can let me have, or do I just literally say what you've said above. Any help would be much appreciated.