Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson

Medis111 wrote: »

Hi,

Haven't received the payment from RA yet and they haven't appealed the decision. Will be emailing the sheriff soon. Do I need to contact the court to request the SCP Certificate (Form D)? They've only sent me General form of Judgement. thanks

Medis111,
Yes, contact the court and ask for your populated Form D.
The Dublin County Sheriff will need this to pursue your claim and a copy of the judgment in your favour.
Good luck and keep going.

netg

All,

So I finally have the RA defence, and to the untrained eye it appears they are trying every trick in the book to avoid paying.

Specifically, they are requesting a stay whilst referring to a stayed case A51SE600 Patrick Maguire v RA that is pending the outcome of van der lans v koninklike C-257/14, which if I'm not mistaken is what the Allen case was all about?

They are also, claiming that I cannot claim for my family amongst other things, anyone want to give me a hand tearing this apart?

Forgot to add that due to the delay in receiving the defence I need to reply early next week!

Dr_Watson

netg wrote: »

All,

So I finally have the RA defence, and to the untrained eye it appears they are trying every trick in the book to avoid paying.

netg,
Believe me they are.

netg wrote: »

anyone want to give me a hand tearing this apart?

Sure.
That's what we do here.
PM coming your way with some 'guidance' that you will find very useful.
Good luck and keep going.

rdone

legal_magpie wrote: »

You don't say when in 2009,. There is an absolute deadline of 6 months from the date of your flight to commence court proceedings. You don't need a booking reference to commence proceedings but once you get to the Court stage you will have to prove, amongst other things that you were on the flight. "Prove" means satisfying the Judge that you were on the flight on the balance of probabilities.
If your time is almost up you will have to choose NOW between issuing proceedings and taking your chances or forgetting it.

It was August so I'm within time. I haven't done it until now because I thought I had to have the reference number. I do feel that after 14 hours and being sent to a hotel I deserve something! It was my first ever flight as well so I was absolutely terrified!!!

Fishol

Just returned from Portugal and totally unimpressed by Ryanair. After spending 11 hours in the airport with nothing but a €10 voucher offered for food. Which by the way didn't even cover a cheeseburger meal.

We finally flew and made some time up but it still ended up as a 7 hour delay.

So I have some questions:

1. There were 22 in our party. Do we claim individually or together?

2. Even before we have claimed Ryanair have already sent an email to the person who booked the flights claiming "Extraordinary Circumstances" and no compensation due. Did make my blood boil so I assume I ignore it?

3. Is there anywhere that shows the reason a flight was delayed. I know the captain said something about having to rescue passengers from somewhere else but it was 1.30 in the morning and I didn't properly listen. Just extraordinary circumstances without a true explanation is such a smokescreen.

JPears

"rescue" is not an EC. Read Vauban's most excellent guide. All your answers will be found there, along with the venerable Dr Watson's assitance will no doubt ensure compensation.

Dr_Watson

Fishol wrote: »

Just returned from Portugal and totally unimpressed by Ryanair. After spending 11 hours in the airport with nothing but a €10 voucher offered for food. Which by the way didn't even cover a cheeseburger meal.

We finally flew and made some time up but it still ended up as a 7 hour delay.

So I have some questions:

1. There were 22 in our party. Do we claim individually or together?

2. Even before we have claimed Ryanair have already sent an email to the person who booked the flights claiming "Extraordinary Circumstances" and no compensation due. Did make my blood boil so I assume I ignore it?

3. Is there anywhere that shows the reason a flight was delayed. I know the captain said something about having to rescue passengers from somewhere else but it was 1.30 in the morning and I didn't properly listen. Just extraordinary circumstances without a true explanation is such a smokescreen.

Fishol,
The only way you will find out what the alleged 'Extraordinary Circumstance' is that 'allegedly' affected your flight is by taking RA to court.
My post #569 explains how to do this. Do also have a good read of Vaubans guide.
If there were 22 in your party that booked with one reservation number this will undoubtebly 'burst' the threshold for an ESCP claim.
You will need to condense the claims into snaller ones up to €2000 for ESCP claims so maybe three or four claimants per claim.
If you booked using separate reservations - again make sure your claims don't go through the €2000 threshold for the number you are claiming for.
Be sure to name all the persons you are claiming for in your Form A with one named as lead claimant and everybody to sign this.

Well done for finding the right place to post this- we are all here to help.
Good luck and keep going.

netg

Dr_Watson wrote: »

netg,
Believe me they are.



Sure.
That's what we do here.
PM coming your way with some 'guidance' that you will find very useful.
Good luck and keep going.

#

Thanks Dr Watson, I will be in touch! :T

PatMaguire

netg wrote: »

All,

So I finally have the RA defence, and to the untrained eye it appears they are trying every trick in the book to avoid paying.

Specifically, they are requesting a stay whilst referring to a stayed case A51SE600 Patrick Maguire v RA that is pending the outcome of van der lans v koninklike C-257/14, which if I'm not mistaken is what the Allen case was all about?

They are also, claiming that I cannot claim for my family amongst other things, anyone want to give me a hand tearing this apart?

Forgot to add that due to the delay in receiving the defence I need to reply early next week!

Well – my name in print! Case no A51SE600, Maguire -v- Ryanair is indeed mine BUT it seems someone somewhere (for reason of ignorance or obfuscation) is describing the state of my case wrongly.

My case was stayed dependant on the Barnes v Ryanair case at Liverpool before District Judge Jenkinson (he of “Justice delayed is Justice denied” fame). When RA lost that case all Stays should have been removed (as others have noted on the forum) but the stay on my case was not automatically removed so I sent a request in to the court to lift the stay. This request was heard in Chambers by a Deputy District Judge on 14 April. I went along but no one from either Ryanair or their Solicitors turned up – as noted by the Judge.

She lifted the stay as of the end the hearing, asked whether I would like an oral or a papers only hearing of my claim (I went for papers only) and was given a date for the exchange of written submissions which is next week. Very friendly and helpful Judge who commented that I was “clearly on a steep learning curve”.

My case is based on 3 main planks:

1. The EU Regulations
2. Huzar v Jet2
3. Wallentin-Hermann -v- Alitalia

The full case will be heard before a District Judge on 22 May “determined on the papers only”. Must mention the sterling work (and considerable patience) of Dr Watson without whom I would have made far more mistakes and be considerably more stressed.

Hope this clears up mis-information. If netg would like more detailed info about my case please do send your email address via a PM and I'll get back to you

JPears

netg wrote: »

All,

So I finally have the RA defence, and to the untrained eye it appears they are trying every trick in the book to avoid paying.

Specifically, they are requesting a stay whilst referring to a stayed case A51SE600 Patrick Maguire v RA that is pending the outcome of van der lans v koninklike C-257/14, which if I'm not mistaken is what the Allen case was all about?

They are also, claiming that I cannot claim for my family amongst other things, anyone want to give me a hand tearing this apart?

Forgot to add that due to the delay in receiving the defence I need to reply early next week!

So they ae requesting a stay based on a case which has had he stay lifted, and quoting a Dutch case which is irrelevant given the decisions by the CoA and SC last?
Obfuscation, bordering on dishonesty by RA...