Flight delay and cancellation compensation, Ryanair ONLY

LittleAnn

strad wrote: »

My flight from Malaga to Bournemouth was delayed over six hours.
Having read about the prolonged process and likely denials of liability, I'm considering using a no win no fee claims service.
Does anybody have any recommendations to use or avoid please?
I have seen euclaim and clearlaw online mentioned.

I was on this flight and have used online form to submit claim. I have also sent letter of complaint to Malaga Airport because EU procedures were not followed. I asked for the Regs, which should have been handed out by Ryanair rep. The flight stats website states we were 395 mins delayed. No information was given as to the exact cause, although one hostess said that malaga airport would not let ryanair take off. I note that everyone avoided saying it was a technical fault.

Regards Ann

ReiverToo

[FONT=&quot]I think I'm almost at the stage where we'll be initiating proceedings via the ESCP against RA for flight delay compensation. Having read through the excellent advice offered in this thread, and others - and for which many thanks! - I have one or two questions that I'd like clarification on, just to make sure that we get off on the right foot and don't leave any wriggle room for RA.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We've actually been down the NWNF route using a well-regarded firm, often mentioned in this thread. Whilst our claim is valid, it appears that the firm has now reached the stage with RA that they are initiating further legal action in the English courts and which, because we live in Scotland, means that we can't be included.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]So we're on our own and our claim must go through the Scottish court system unless, that is, anyone knows of any equivalent NWNF firm in Scotland? We surely can't be the only ones in this situation...[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Step 1 will be an NBA which may or may not elicit a response. In any event, it looks like I'll be going through the Edinburgh Sheriff Court so have been looking at filling in Form A and assembling the relevant evidence...[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]...a couple of specific questions then:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]1. is it sensible to include a record of the correspondence between us and the NWNF firm? It does, at least demonstrate that a) we have attempted this route, and b) RA declined to respond to the claim (as, indeed, they did to our initial claim made directly to them by letter) [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2. the claim is on behalf of two of us. Since I'll be dealing with the correspondence, can I be listed as the main claimant even though it was my partner who made the flight booking? She will clearly need to sign the appropriate documents, but I was hoping to avoid leaving any loose ends which might obstruct the process[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. are there any Scottish-specific issues that anyone knows of and that we ought to be aware of?[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Many thanks!
[/FONT]

Dr_Watson

ReiverToo wrote: »

[FONT=&quot]I think I'm almost at the stage where we'll be initiating proceedings via the ESCP against RA for flight delay compensation. Having read through the excellent advice offered in this thread, and others - and for which many thanks! - I have one or two questions that I'd like clarification on, just to make sure that we get off on the right foot and don't leave any wriggle room for RA.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We've actually been down the NWNF route using a well-regarded firm, often mentioned in this thread. Whilst our claim is valid, it appears that the firm has now reached the stage with RA that they are initiating further legal action in the English courts and which, because we live in Scotland, means that we can't be included.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]So we're on our own and our claim must go through the Scottish court system unless, that is, anyone knows of any equivalent NWNF firm in Scotland? We surely can't be the only ones in this situation...[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Step 1 will be an NBA which may or may not elicit a response. In any event, it looks like I'll be going through the Edinburgh Sheriff Court so have been looking at filling in Form A and assembling the relevant evidence...[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]...a couple of specific questions then:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]1. is it sensible to include a record of the correspondence between us and the NWNF firm? It does, at least demonstrate that a) we have attempted this route, and b) RA declined to respond to the claim (as, indeed, they did to our initial claim made directly to them by letter) [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]2. the claim is on behalf of two of us. Since I'll be dealing with the correspondence, can I be listed as the main claimant even though it was my partner who made the flight booking? She will clearly need to sign the appropriate documents, but I was hoping to avoid leaving any loose ends which might obstruct the process[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. are there any Scottish-specific issues that anyone knows of and that we ought to be aware of?[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Many thanks!
[/FONT]

ReiverToo,
Welcome to the Ryanair forum, plenty in your first post to deal with so here goes;
I'm unsure what legal action is being instigated in England that does not include you north of the border, but anyway if your claim hasn't got to the point of the NWNF firm instigating court papers on your behalf then let's get cracking.
ESCP is the best way to achieve this, but of course do issue an NBA to RA, and name yourself and your partner on this.
When you get no response, Form A time.
Do name yourself as lead claimant and name your partner too, and (importantly) both sign it. It doesn't matter who made the reservation as to who is named as lead claimant.
You state that you will use Edinburgh Sheriff Court to issue the ESCP papers on your behalf, this is absolutely fine, although just because you are in Scotland and Edinburgh is probably your nearest court to you, it does not mean you 'have' to use them.
Any court in the UK that is familiar with the ESCP can instigate these on your behalf.
I have gained a few new Scottish friends over the last few months ( and lovely they all are too) who are using courts in England to pursue their claims.
Personally I wouldn't bother including correspondence from the NWNF firm as part of this claim, detail of your unanswered or fobbed off NBA is enough to show the courts that you have tried to settle your claim with RA.
Any specific Scottish issues?
Nope.
ESCP is a standard cross border simplified small claim for use in all EU states so..
Good luck and keep going.

strad_2

LittleAnn wrote: »

I was on this flight and have used online form to submit claim. I have also sent letter of complaint to Malaga Airport because EU procedures were not followed. I asked for the Regs, which should have been handed out by Ryanair rep. The flight stats website states we were 395 mins delayed. No information was given as to the exact cause, although one hostess said that malaga airport would not let ryanair take off. I note that everyone avoided saying it was a technical fault.

Regards Ann

Hi Anne, I have sent you a PM with my email address if you want to share information etc. I had a text from Ryanair whilst at the airport and a couple of emails when I got home, but no personal contact from anyone. I also took some photos of the Departure Board announcements.
Kind Regards
Tony

ReiverToo

Dr_Watson wrote: »

I'm unsure what legal action is being instigated in England that does not include you north of the border, but anyway if your claim hasn't got to the point of the NWNF firm instigating court papers on your behalf then let's get cracking.

Many thanks for the response - very helpful!

I think I have clarified the position re our claim. The NWNF firm had reached the stage where further action was going to be brought before the English courts re the claims that they were pursuing on behalf of their clients. Unfortunately, that action could not include our case because the flight in question landed at a Scottish airport, rather than an English (or Welsh) one.

So there we are. No doubt there will be others in the same boat.

In any event, it looks like we will be taking the DIY route, since there doesn't seem to be an obvious alternative, but I'll be happy to report back here on any progress made.

symphony63

I had 2 friends that had a 12 hr delay on a flight from Warsaw to Stansted. Originally they went through a NWNF company but because these are small amounts they are not willing to take it further. It's €250 each as the distance is 1394 km.
My question is 1) can I make the claim on their behalf and write myself down as their representative? 2) can I make both claims as 1? They travelled together on 1 booking. 3) would they have to appear in court or can I go on their behalf.
Just to point out I'm not a solicitor. Just trying to help out and folowing Dr Watson's guide

Dr_Watson

symphony63 wrote: »

I had 2 friends that had a 12 hr delay on a flight from Warsaw to Stansted. Originally they went through a NWNF company but because these are small amounts they are not willing to take it further.

Really? Well if they don't need the work..

symphony63 wrote: »

It's €250 each as the distance is 1394 km.
My question is 1) can I make the claim on their behalf and write myself down as their representative?

Yes you can, on your Form A state that you are their litigation friend.

symphony63 wrote: »

2) can I make both claims as 1? They travelled together on 1 booking.

Yes you can, name both claimants on your Form A along with the combined amount you are claiming and, along with your signature, get them both to sign it too.

symphony63 wrote: »

3) would they have to appear in court or can I go on their behalf.

As long as you request that you do not want an oral hearing on your Form A, neither you or your friends would need to attend a court hearing, there are merits and downfalls to this as I have explained on here before.

symphony63 wrote: »

Just to point out I'm not a solicitor. Just trying to help out and folowing Dr Watson's guide

Well good on you for trying to help others out....that's just how this place works.
If you need any more help...you know where we all are.
Good luck and keep going.

symphony63

Dr_Watson wrote: »

Yes you can, on your Form A state that you are their litigation friend.



Yes you can, name both claimants on your Form A along with the combined amount you are claiming and, along with your signature, get them both to sign it too.
If you need any more help...you know where we all are.
Good luck and keep going.

Well I need more help.

On the Form A (filled out online) there is only room for one claimant. The form says that if there are more then one claimant to use additional sheets. Where do I find these additional sheets? are they court sheets or do I fill out the form twice?
Also, at the signature space there is only room for one signature?

Some extra help would also be appreciated if I can PM you

Dr_Watson

symphony63 wrote: »

Well I need more help.

On the Form A (filled out online) there is only room for one claimant. The form says that if there are more then one claimant to use additional sheets. Where do I find these additional sheets? are they court sheets or do I fill out the form twice?
Also, at the signature space there is only room for one signature?

symphony63,
The online version of your Form A can be a pain. Yes it is limited to one name etc in certain fields.
Print off a blank one and fill out with good old black pen, this way you get the detail - especially regarding claimants and signatures onto the form.
Trust me, my Form A was populated exactly like this and I had to get Mrs Watson and two junior Watson's on the form too.
Any further detail for your Form A like section 8.1 that you want to include, just write on blank sheets of paper and give them the relevant section heading.

symphony63 wrote: »

Some extra help would also be appreciated if I can PM you

Sure if needed, surgery is always open.

Good luck and keep going.

gjchester

Another Update form Botts. As usual this is their update, I'm not trying to claim it as mine...

Ryanair
In our last update we told you that we have been issuing court proceedings against Ryanair on a large scale and had invited the airline to enter into discussions regarding the outstanding claims we have against them.

The airline is still attempting to argue that technical defects are an extraordinary circumstance and that passengers should not be able to claim if their delay took place more than two years ago. The Supreme Court brought much needed clarity to both of these points in 2014, and as such we are continuing to issue court proceedings against the airline.

Unfortunately a number of our clients have seen their claims put on hold pending the outcome of pending appeals. We understand that having to wait months, or even years for your claim to settle can be extremely frustrating, but assure you that we are doing everything we can to speed the process up for you.