Flight delay and cancellation compensation, Ryanair ONLY

Vauban

Dr_Watson wrote: »

Vauban,
Just a thought- around 2010 would RA have still had T's and C's with reference to the Montreal Convention? I seem to think they did, and that they updated their T's and C's possibly pre Dawson as a new hurdle- should the Dawson case be lost by Thomson's as was so.
If so, should rachhami's claim be open and shut regarding this, and now just a bog standard 'plane went tech claim'?

Using the "wayback machine" I see that in December 2010 Ryanair's T&Cs said:

Time limitation for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the above information

The basis of the rules described above in the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No2027/97 (as amended by Regulation (EC) No889/2002) and the national legislation of the Member states.

By February 2011, however, the T&Cs had been amended to remove the reference to the Montreal Convention, and simply say:

15.2 LIMITATION OF ACTIONS

Any right to damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

The current T&Cs as they relate to time limitations are similar, but have the phrase "and/or compensation" after the word damages. This amendment - the significance of which may or may not be meaningful- was made some time between 24 March and 10 April 2013.

ronster1

I'm a bit confused. When filling in ESCP form A isn't the defendant Ryanair Ltd (rather than their customer services)?
Also having trouble finding specific ESCP costs, my claim will be for 800 Euros via an English (Stoke-on-Trent Combined) court.

Thanks in advance for any advice

Dr_Watson

Vauban wrote: »

Using the "wayback machine" I see that in December 2010 Ryanair's T&Cs said:



By February 2011, however, the T&Cs had been amended to remove the reference to the Montreal Convention, and simply say:



The current T&Cs as they relate to time limitations are similar, but have the phrase "and/or compensation" after the word damages. This amendment - the significance of which may or may not be meaningful- was made some time between 24 March and 10 April 2013.

As I suspected, excellent detective work Our Lord Prof.....Sherlock Vauban. :T

Dr_Watson

ronster1 wrote: »

I'm a bit confused. When filling in ESCP form A isn't the defendant Ryanair Ltd (rather than their customer services)?
Also having trouble finding specific ESCP costs, my claim will be for 800 Euros via an English (Stoke-on-Trent Combined) court.

Thanks in advance for any advice

ronster1,
Go back one page to my post 1109, for an explanation on how to calculate your court fees.
The defendant is Ryanair Ltd, with their customer service address quoted as to where your court will serve your papers.

Dr_Watson

Dr_Watson wrote: »

Letter sent to the Judicial Office at the Royal Courts of Justice today,
I'll post a copy of the letter on here later this week.

Dr Watson
The Surgery
Sheffield
South Yorkshire
02/02/15




To whom it may concern:-

European Small Claims Procedure ( ESCP) and the UK Court System.

I am writing to air my frustrations at the UK court service and its apparent lack of knowledge
of the European Small Claims Procedure (ESCP).
My name is xxx xxxx and I am an avid forum user of the Martin Lewis ‘Money Saving Expert’
forum. Within this forum I post under the pseudonym ‘Dr. Watson’ and I particularly post on
the flight delay compensation thread and especially on the dedicated Ryanair thread.
Back in 2013 I took Ryanair to court using the ESCP for a claim under EU Regulation
261/2004 which relates to flight delay/cancellation. My claim was handled by the Sheffield
Combined Court Centre, and although there were a few errors in the process of this claim,
my claim did follow the right process eventually and a judgment was made in my favour.
To try and help others who are trying to make claims against Ryanair for flight
delay/cancellation compensation, I post on the forum giving advice on how to do this.
I am absolutely shocked at how little apparent knowledge there seems to be with courts up
and down the country with the ESCP process. The process is a simplified small claim
specifically for cross border claims within the EU.
I have been inundated recently with stories from forum users who are trying to bring claims
against Ryanair using the ESCP, who are getting absolutely nowhere with the courts they are
trying to use to process ESCP claims on their behalf.
Some of these courts include Birkenhead, Wigan and Winchester to name a few.
The majority of these courts are telling would be litigants that claims have to be ‘handled
through Salford (CCMCC) only’; I too was told this by my local court (Rotherham). It wasn’t
until I contacted Sheffield Combined Courts for advice that I found this to be totally wrong.
If this response isn’t what would be litigants receive then the response ‘that claims have to
be submitted through Money Claim Online (MCOL)’ is also wrongly given.

I am asking if you could, with some urgency, bring the UK Courts Service up to speed with
ESCP and how to process these claims effectively for would be litigants.
There is plenty of information about this process on the EU Justice Portal and step by step
guides on how the process should work.
I would be grateful if you would in your response to me, highlight what measures have been
undertaken to redress the issue of poor knowledge of the ESCP within the UK Court System
and what timescales it should be expected that improvements can be shown.
I am extremely concerned that potential litigants are being frustrated in their attempts to
access justice through a process that should be simple and efficient to administer, but
seems to be completely misunderstood or never even heard of within the UK Court System.
I look forward to your response
Kind Regards
Dr Watson.

japtrupusz

Dr_Watson wrote: »

japtrupusz,
Completely up to you, but I know what I'd be doing and if you have your receipts your claim is verified.
The fact that they are 'offering' £150 goes some way to admit that they are liable..

Hello again,
Ryanair sent me an email stating they were going to send me cheques in the amount I claimed within 10 working days..it's been more than this now and cheques have never arrived..what to do??

Dr_Watson

japtrupusz wrote: »

Hello again,
Ryanair sent me an email stating they were going to send me cheques in the amount I claimed within 10 working days..it's been more than this now and cheques have never arrived..what to do??

japtrupusz,
To be fair to them (well I always am), if sent by post they can take a while by snail mail to reach the UK.
Maybe contact them one more time in a week or so if nothing turns up, you could also at this point give them your account details for a direct bank transfer.
If still no joy, come back on here and we'll instigate court proceedings.

NoviceAngel

RA followers might want to check this out www.flightdelays.co.uk/blog/2014/1230/ryanair-lose-another-2-flight-delay-court-cases

First posted by len49 in the Jet2 thread https://forums.moneysavingexpert.com/discussion/4384707

japtrupusz

Dr_Watson wrote: »

japtrupusz,
To be fair to them (well I always am), if sent by post they can take a while by snail mail to reach the UK.
Maybe contact them one more time in a week or so if nothing turns up, you could also at this point give them your account details for a direct bank transfer.
If still no joy, come back on here and we'll instigate court proceedings.

Thank you. You are a really great person :A helping all the people on here! I always can count on you!

JPears

Thats the Mutts Nutts Dr W.
We look forward to reply..... sometime.......
I'm not holding my breath though...