Flight delay and cancellation compensation, Ryanair ONLY

megababe18

Thanks for the tip! I'll push forward with it. I've been told to change the court section to:
"as a consumer overseas i will be using my rights to pursue the matter through the european courts using Form A"

do you know what form A is?

olajonca

hi
Thanks for everyone advising me about my claim. I received an email today from ryanair with their ref no and xml attachment nothing else. the attachement is called standated reply but as its xml i cant read the content. I tried to email them back and it comes back as no reply email and fax no. rang them and they say there is no telephone no or email address for customer services. Just wandering what to do next?send fax asking what they meant to send? or another letter to dublin?

jsmac

Dr Watson,

Today I received a letter from my local County Court. However, rather than sending me form N205A so that I could apply for a request for judgement they sent me a Notice of Allocation to the Small Claims Track (Hearing). Do you know what this means?

Clearly, I don't want to go to a hearing at the Court. I thought that the point of the ESCP was that you needn't go to Court and that a judgement would be sent to you.

Any advice from yourself or anyone else would be greatly appreciated.

Thank you.

Dr_Watson wrote: »

jsmac,
The form you need is form N205A. This should have been sent to you from the court although in fairness mine was not either.
Ask the court to send you this so you can populate it and return.
From my experience with the ESCP route you'll need to guide the court all of the way through the process.
There is no fee in applying for a request for judgment.

Dr_Watson

Jsmac,
It sounds to me that the court have sent you this allocation questionaire possibly because Ryanair have submitted a defence.
Whilst Ryanair submitting a defence is fine the court should not be asking you to fill in an allocation questionaire (AQ).This too happened to me.
What I did was contact the court and asked for the enforcements officer dealing with my case- I explained to him that there was no need to be filling out an AQ when using the ESCP route. He actually queried this with the judge ...twice for the judge to tell him that the AQ was indeed necessary.
It wasn't until I had this confirmed by some of the regular contributors on here that an AQ is not needed for the ESCP.
What I did was to send the enforcement officer some links in an e mail to show the judge how the ESCP works.
Yes it's worrying having to tell the court how they should be processing your claim but I think you need to do the same.
Centipede100 has posted some links in a post just above mine- I'd forward these to the court and ask them to take a look at the process again.
Whilst doing this I'd ask the court to ensure they send you a full copy of any defence/ response that has been submitted by Ryanair so you can start to 'tear it to bits' in your response to their answer.
The ESCP uses a written hearing although an oral hearing can be requested by either party- Ryanair did ask for both an oral and non oral hearing in my case...? But the hearing was a written one only. In my opinion I'd have liked an oral hearing because I fancied having a real go at whoever they would have sent to represent them....but I can also see the merits to the individual that doesn't like the idea of trying to represent themself in an oral hearing.
Like I said before using the ESCP you really need to guide the courts through the process.
Hope this helps and good luck..

jimcbob

Dr_Watson wrote: »

Jsmac,
It sounds to me that the court have sent you this allocation questionaire possibly because Ryanair have submitted a defence.
Whilst Ryanair submitting a defence is fine the court should not be asking you to fill in an allocation questionaire (AQ).This too happened to me.
What I did was contact the court and asked for the enforcements officer dealing with my case- I explained to him that there was no need to be filling out an AQ when using the ESCP route. He actually queried this with the judge ...twice for the judge to tell him that the AQ was indeed necessary.
It wasn't until I had this confirmed by some of the regular contributors on here that an AQ is not needed for the ESCP.
What I did was to send the enforcement officer some links in an e mail to show the judge how the ESCP works.
Yes it's worrying having to tell the court how they should be processing your claim but I think you need to do the same.
Centipede100 has posted some links in a post just above mine- I'd forward these to the court and ask them to take a look at the process again.
Whilst doing this I'd ask the court to ensure they send you a full copy of any defence/ response that has been submitted by Ryanair so you can start to 'tear it to bits' in your response to their answer.
The ESCP uses a written hearing although an oral hearing can be requested by either party- Ryanair did ask for both an oral and non oral hearing in my case...? But the hearing was a written one only. In my opinion I'd have liked an oral hearing because I fancied having a real go at whoever they would have sent to represent them....but I can also see the merits to the individual that doesn't like the idea of trying to represent themself in an oral hearing.
Like I said before using the ESCP you really need to guide the courts through the process.
Hope this helps and good luck..

Just tell them to look at CPR rule 78.14(1), which provides for ECSP claims to be treated as if they were allocated to the small claims track; hence, no need for an allocation questionnaire.

(And, of course, Articles 4 to 9 of the Regulation governing the procedure, which are directly effective in English law: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0001:0022:EN:PDF )

Gavindasha

Over 4 hour delay from Leeds Bradford to Pisa, yesterday. 16/09/2013 Ryanair website claim form says over 3 hours & will not travel. I did travel. just very late.
Can I still claim and if so how. is it worth it? (reason given at airport was no flight staff available as worked over there hours, and new crew had to arrive to man the flight?

DTDfanBoy

Gavindasha wrote: »

Over 4 hour delay from Leeds Bradford to Pisa, yesterday. 16/09/2013 Ryanair website claim form says over 3 hours & will not travel. I did travel. just very late.
Can I still claim and if so how. is it worth it? (reason given at airport was no flight staff available as worked over there hours, and new crew had to arrive to man the flight?

If you can find your way to the second post of this thread, which contains the FAQ's you have a chance

turbos

Can anyone please advice/comment on the following :-
Lanzarote Flight was due to depart at 0700hrs. Flight was delayed by 4.5hrs. I was told by staff that this was because ryanair were missing some paperwork for the aircraft and that this was being flown in from Barcelona the same morning - no other details available. Barcelona flight arrived at 1045 with paperwork and after taking off at 1130 an announcement by the pilot said that a small bird was ingested by a engine the previous evening and that the aircraft needed signing off. The aircraft we flew home on had been parked up all night and was stood on stand when we arrived at the airport at 0530.

Mark2spark

You'll have to go through the motions of instigating the claim with RA, seeing what they say, then going through the court process in the most likelyhood.

jsmac

Thank you to jimcbob and Dr Watson for their help and advice.

Ryanair submitted a defence. However, they did not do so until several months after I submitted my claim.

I have been given a hearing date despite pointing out to the court that "Article 5(2) of the ESCP states that 'a copy of the claim form... shall be served on the defendant... within 14 days of receiving the properly filled in claim form' and Article 5(3) states that 'The defendant shall submit his response within 30 days of service of the claim form".

I also pointed out that Article 7(3) states that 'If the court of tribunal has not received an answer from the relevant party within the time limits laid down in Article 5(3), it shall give a judgement on the claim'.

Anyway, the response from the Court was that my "request for judgement in default is not with proper form and in any event an answer was filed before his request".

This is a complete farce. The ESCP clearly states that a defence must be given within 30 days and that if it is not then a judgement must be given. But since I did not instruct the court of the ways of the law before Ryanair got around to making a defence then the laws do not apply. Ridiculous.

Anyway, Ryanair has cited in their defence "Theime v Ryanair", "Pickard v Ryanair" and "Serradilla v Ryanair" all of which were dismissed on the fact that the claimants had agreed to Ryanair's T&Cs pertaining to the contractual limitation clause for bringing proceedings of 2 years.

The Counsel for Ryanair also makes a convoluted argument stating that "the contract of carriage is a matter of Irish law, being the proper law of the contract as the contract for carriage is formed only when the Defendant, in Dublin, accepts a request for seats from a passenger. Here I was thinking that the statutory limit applies to the person buying the product not the person selling it.

Clearly the Court and its interpretation of the ESCP and EU 261 is not fit for purpose.

I would appreciate your thoughts on this matter. And my apologies for the epic message, but I wanted to provide you with as much detail as I could.

Thank you again.