Flight delay and cancellation compensation, Ryanair ONLY

Vauban

everton_boy wrote: »

Centipede probably did not phrase it right. What he said was if Ryanair refuse to pay out when the court has found in your favour instead of employing someone to chase them his organisation will do it for free through it's Dublin office. It is an official office funded by the EU.

Which Court are you talking about, everton boy? You can't use the English courts, as Ryanair are based in Dublin. And if you use the Irish courts, any "win" will be immediately appealed by the airline (they can do this in Eire) which opens you up to tens of thousands of pounds worth of liability, if you lose. So the offer from the ECC is meaningless.

There is only one "safe" way to take Ryanair to court, and that is explained by Dr. Watson here:

http://forums.moneysavingexpert.com/showpost.php?p=64457359&postcount=622

I can give you no more advice. Good luck.

Dr_Watson

Centipede100 wrote: »

Take my advice given in 694 or I'm out of this one.

You can lead the horse to water.....

everton boy, do please have a good read of my post 622.
Anything you get stuck with, post back on here..

Medis111

Dr_Watson wrote: »

Just put your name in firstly, you can add other claimants in section 8.1 when you give particulars of your claim.
E.g Myself and three others in our party on delayed flight.....claiming for xxx euros each......

I have done as you said above, however only one person has been named as the Claimant.

"It is noted that Claimant's travelling companion XX XX has not been named as a co-claimant to these proceedings. The fact that the Claimant paid the Defendant to create a contract of carriage by air between the defendant and another person does not mean, in the absence of such person being a co-claimant to these proceedings, that the claimant can claim "compensation" under article 7 of the regulation or otherwise for any person other than herself".

Are they suggesting that if a family of 5 will be delayed, only the person that paid can claim for themselves?

Even though my friend paid for the flight, to avoid multiple transactions, I paid her back for my ticket, so essentially I did pay.

Any help would be greatly appreciated.

Vauban

Medis111 wrote: »

I have done as you said above, however only one person has been named as the Claimant.

"It is noted that Claimant's travelling companion XX XX has not been named as a co-claimant to these proceedings. The fact that the Claimant paid the Defendant to create a contract of carriage by air between the defendant and another person does not mean, in the absence of such person being a co-claimant to these proceedings, that the claimant can claim "compensation" under article 7 of the regulation or otherwise for any person other than herself".

Are they suggesting that if a family of 5 will be delayed, only the person that paid can claim for themselves?

Even though my friend paid for the flight, to avoid multiple transactions, I paid her back for my ticket, so essentially I did pay.

Any help would be greatly appreciated.

It's nothing to do with who paid. The Regulation says compensation is due to the "passenger".

What they are arguing is that, in order to be able to be a claimant in this claim (and thus get compensation if you win) each person needs formally to be a party to the proceedings - which means being named in the claimant box. It looks like you haven't done this. So the airline is saying only one person actually has a claim.

Now some judges are more lenient on this point, and others are not. You can always ask the court how to add these people to the action (if they're under 18 this is more complex) or you could proceed in the hope that either a) the judge uses his discretion or b) you win for the claimant, and then use this as leverage to extract the rest of your compensation.

Dr_Watson

Vauban wrote: »

It's nothing to do with who paid. The Regulation says compensation is due to the "passenger".

What they are arguing is that, in order to be able to be a claimant in this claim (and thus get compensation if you win) each person needs formally to be a party to the proceedings - which means being named in the claimant box. It looks like you haven't done this. So the airline is saying only one person actually has a claim.

Now some judges are more lenient on this point, and others are not. You can always ask the court how to add these people to the action (if they're under 18 this is more complex) or you could proceed in the hope that either a) the judge uses his discretion or b) you win for the claimant, and then use this as leverage to extract the rest of your compensation.

Spot on again from our Lord Prof Vauban!

Medis111 did you name the other claimants in section 8.1 of ESCP form A?

This is what I meant in my original reply to you.

Medis111

Dr_Watson wrote: »

Spot on again from our Lord Prof Vauban!

Medis111 did you name the other claimants in section 8.1 of ESCP form A?

This is what I meant in my original reply to you.

Hi Dr Watson,

I have named both of us in the first sentence in section 8.1 and both of us have signed the form too. I guess its not that important if we lose, but if we win, I don't mind paying £80 again to start a new claim, I will get that back from RA anyway.

I might need some help with my answer too, I am still waiting for responses from some of the airports involved.

everton_boy

Dr Watson/Anyone. Help is needed I have been told by the CAA that I can sue Ryanair through the small claims court and do not have to go through the European Small Claims, but that information seems to go against all advice. please advise .

David_e

everton_boy wrote: »

Dr Watson/Anyone. Help is needed I have been told by the CAA that I can sue Ryanair through the small claims court and do not have to go through the European Small Claims, but that information seems to go against all advice. please advise .

Given the CAA's record in this area, I'd take the advice on the forum every time. You could try ringing your local county court to see what they say.

It's not something I have read about but presumably the logic is you are taking action against a company not based in the UK and so not subject to UK law (for this type of action).

Dr_Watson

everton_boy wrote: »

Dr Watson/Anyone. Help is needed I have been told by the CAA that I can sue Ryanair through the small claims court and do not have to go through the European Small Claims, but that information seems to go against all advice. please advise .

Not that I'm aware of- unless you want to use the Irish Small Claims system.....at your peril.
RA will appeal any decision given in this system and this exposes you to their ridiculous costs to counter this.

Lets be clear the European Small Claims Process is exactly what it says on the tin- a small claims process, but one that is safe for the litigant in person to use when taking on and lets face it- giants of the european airline industry.
RA are bullies and will try and beat you into submission- so use the process that does not allow them to do this- ESCP.
Sit down, get a good drink of your choice and digest post 622.
Believe me from experience it is the way to sue RA.

everton_boy

Thanks Dr Watson you have convinced me that I should use the European Small Claims, nice to know that you are around.