Flight delay and cancellation compensation, Ryanair ONLY

blondmark

This information has been redacted

Fletchasketch

Okay, so it's now been a month since I wrote the letter requesting compensation and asking for a reply within 14 days. I have sent follow-ups via the on-line form to which they ask for more information, state that the flight which wasn't delayed was delayed for extraordinary circumstances, e.t.c.

So, what is the next step that I should take? A little bit reticent to start court proceedings due to the cost, especially if there is another way, i.e. through the airline regulator (I forget the name),

Have trawled through these posts, and am still undecided so any further advice would be well received.

Thanks.

Vauban

Fletchasketch wrote: »

Okay, so it's now been a month since I wrote the letter requesting compensation and asking for a reply within 14 days. I have sent follow-ups via the on-line form to which they ask for more information, state that the flight which wasn't delayed was delayed for extraordinary circumstances, e.t.c.

So, what is the next step that I should take? A little bit reticent to start court proceedings due to the cost, especially if there is another way, i.e. through the airline regulator (I forget the name),

Have trawled through these posts, and am still undecided so any further advice would be well received.

Thanks.

You could write to the CAA, who will investigate your complaint. But it's likely to take many. many months. If they find in your favour (there's some suggestion that they are biased towards the airlines) they can't make the airline cough up, though in practice I assume they would.

Or you could take your claim to one of the specialist no win no win operations, who will take 25-35% of your compensation as payment.

karenelainehughes

blondmark wrote: »

Do you delete your emails as soon as you read them? If not, then all email programs have a search facility. Type 'Ryanair' in that search and your booking reference will come up, won't it?

Unfortunately I use my work email and they are auto-deleted to only retain 2 years of emails so as this was 2010 nothing remains.

Dr_Watson

I'll try and keep it short and to the point- I have posted on another board regarding using the CAA and the detail of my claim with Ryanair.
Me and my family were on a rerouted delayed flight by 3hrs 20mins last year. On return home I e mailed Ryanair for an explanation why and to claim under EU261/2004. I got the usual 'circumstances beyond our control' reply and told that no claim was valid. I further e mailed them to ask them for exact reasons for delay and got no response.
I contacted the CAA here in the UK and got a response saying that they would forward to the Spanish equivalent (AESA) as my flight had departed from Spanish territory. AESA contacted me to say that would investigate and reply in full once they had received a report from Ryanair and considered all the evidence.
Last week I received a letter from AESA stating that Ryanair had stated that the flight was delayed due to an 'unforeseeable safety shortcoming'. AESA also wrote that they had considered this and other evidence and that Ryanair were in breach of EU261/2004 and that I was due 400 euros compensation per person in my party. I forwarded this letter to Ryanair along with a letter stating that I would give them 14 days to pay the compensation or that I would use the European Small Courts to further process my claim.
They have been quick to respond here's their response to my letter and the AESA letter:-

'I acknowledge receipt of your letter dated 14th of March 2013.

Ryanair are now in receipt of the AESA's recommendation for the above claim.

I regret that on this occasion, Ryanair cannot comply with the board's recommendation, as we believe that their decision is outside the scope of the EU Regulation 261/2004.'

So my question is this:- do I move straight to proceedings using the European Small Claims procedure or shall I write to Ryanair again asking them to detail why they believe AESA's decision is out of scope of EU261/2004?
Any advice would be appreciated.

Fletchasketch

Dr_Watson wrote: »

So my question is this:- do I move straight to proceedings using the European Small Claims procedure or shall I write to Ryanair again asking them to detail why they believe AESA's decision is out of scope of EU261/2004?

Any advice would be appreciated.

From what I've read here, a European court order is the only thing Ryanair will take seriously. I haven't even had an acknowledgement of my letter yet, sent mid Feb, so will be going down this route myself.

The court fees are a little confusing, they seem to imply a £40 all in fee for claims up to £1500, but then also state a sliding scale implying the fee would be £80 or even £80+£40.

Can anybody clarify this please?

blondmark

This information has been redacted

blondmark

This information has been redacted

Dr_Watson

blondmark wrote: »

Well you don't need to ask them why, but technically you ought to tell them you're about to sue them, but it'll make no practical difference because Ryanair have no respect for the law (until the bailiffs come knocking of course).

Best of luck with your claim - sue using Form A from England and serve them in Dublin.

Thanks Blondmark. I did give them 14 days notice to pay up or I would be going down the European Small Claims route when I wrote to them originally. I just wanted to check if it was worth asking why they thought AESA' s decision was out of scope of EU261/2004.
I'll be on my way to the combined courts here in Sheffield tomorrow barring the forecast snow!

Dr_Watson

Dr_Watson wrote: »

Thanks Blondmark. I did give them 14 days notice to pay up or I would be going down the European Small Claims route when I wrote to them originally. I just wanted to check if it was worth asking why they thought AESA' s decision was out of scope of EU261/2004.
I'll be on my way to the combined courts here in Sheffield tomorrow barring the forecast snow!

That's my forms and supporting evidence submitted (three copies of each remember) to the combined court centre here in Sheffield and my £80 fee paid.
The clerk told me it was only the second time they had seen one of these types of claim submitted.
So here's the address of another court you can submit your claim forms to:-
The Law Courts
50 West Bar
Sheffield
South Yorkshire
S3 8PH

I'll let you all know how things progress.