Flight delay and cancellation compensation, Ryanair ONLY

johnisworried

Anyone know the latest on the Dawson v Jet2 appeal?

111KAB

johnisworried wrote: »

Anyone know the latest on the Dawson v Jet2 appeal?

Two links that you possibly could have read before posting and cluttering up the Ryanair thread however you may wish to know Dawson was -v- Thomson and it was Huzar -v- Jet 2. I haven't bothered with a link to Huzar. If you are considering an airline claim v Ryanair, Jet2, Thomson or indeed any airline may I respectfully suggest a NWNF.


https://forums.moneysavingexpert.com/discussion/4896699


https://forums.moneysavingexpert.com/discussion/4489367

Rahan

Hi all and thank you for the info shared. Our family was delayed 7 hours on a PMI to DUB flight a couple of weeks ago.

I found all the info/experiences shared very helpful-thank you-and I have already emailed ryanair and I got back the typical "technical fault" answer.

As now I'm writing the second letter and after that thinking to bring this to court I'll really appreciate if you anyone can answer a few questions for me. I did read all the posts but I couldn't find something regarding a claim in Ireland (there was one user but I didn't see him/her coming back to share his/her experience).

Anyway as a resident in Ireland can I bring them to court only here in Ireland or can I apply through the ESCP?
Does anyone know of a lawsuit through the Irish Small Claim procedure to be successful?

Thanking you in advance,
Rahan

clunky1965

Ryanair have still not paid up, even though i have my judgement. So it is time to contact Dublin Sheriff. However even though i have my judgement i do not have the certificate form D. Do i just contact the court and it gets issued or was it meant to come with my judgement. Incidently it is judgement by default due to Ryanair not responding.

clunky1965

I got my judgement by default a couple of weeks ago, but oddly today i have received an order from the court dated ten days after my judgement which contains Ryanairs defence. The core of their defence is that the problem was a hyraulic leak on the nose landing gear and due to this not been a serviceable part they call it an extraordinary event. Also they had to fly an engineer out from London Stansted with a part. They also state that the aircraft was fully serviceable. They then go on to say that the Wallentin -Hermann case and the Sturgeon v Condor case do not apply in this instance. I now have to give a written statement. Do any of the good people on here have any tips on how i challange their defence please.

David_e

clunky1965 wrote: »

I got my judgement by default a couple of weeks ago, but oddly today i have received an order from the court dated ten days after my judgement which contains Ryanairs defence. The core of their defence is that the problem was a hyraulic leak on the nose landing gear and due to this not been a serviceable part they call it an extraordinary event. Also they had to fly an engineer out from London Stansted with a part. They also state that the aircraft was fully serviceable. They then go on to say that the Wallentin -Hermann case and the Sturgeon v Condor case do not apply in this instance. I now have to give a written statement. Do any of the good people on here have any tips on how i challange their defence please.

Looks like a routine technical issue.

These are my thoughts:

http://forums.moneysavingexpert.com/...postcount=4238

You need to read the FAQs and a few threads. I don't think there is anything unusal in the circumstances.

I'm intrigued how they have concluded that the cases you mention don't apply!! Also if "the aircraft was fully serviceable", then why were you delayed?!

siberiansleigh

I'm sorry if I missed something but I would like to ask for some tiny help.

Basically I flew from Milan Bergamo on the 22nd September 2011 with a delay of 3 hours and 45 minutes, for which I got nothing but an email of apologies from Ryanair, which was saying that it was out of their control.

Any chance that I can get a compensation?

Thanks:)

David_e

siberiansleigh wrote: »

I'm sorry if I missed something but I would like to ask for some tiny help.

Yes, you missed reading the FAQs where everything you need to know is set out in full.:)

Fletchasketch

siberiansleigh wrote: »

I'm sorry if I missed something but I would like to ask for some tiny help.

Basically I flew from Milan Bergamo on the 22nd September 2011 with a delay of 3 hours and 45 minutes, for which I got nothing but an email of apologies from Ryanair, which was saying that it was out of their control.

Any chance that I can get a compensation?

Thanks:)

Yes, there's every chance. The key thing is that Ryanair is refusing to pay compensation for flights over 2 years ago. The legality of this 2 year deadline is currently pending a court decision (next few months, hopefully) and if the court rules that claimants have the full 6 years as stipulated by EU law then it will become very difficult for Ryanair to deny claims for compensation. Personally, I would wait until the decision as made as I doubt you'll get very far until then!

Dr_Watson

clunky1965 wrote: »

I got my judgement by default a couple of weeks ago, but oddly today i have received an order from the court dated ten days after my judgement which contains Ryanairs defence. The core of their defence is that the problem was a hyraulic leak on the nose landing gear and due to this not been a serviceable part they call it an extraordinary event. Also they had to fly an engineer out from London Stansted with a part. They also state that the aircraft was fully serviceable. They then go on to say that the Wallentin -Hermann case and the Sturgeon v Condor case do not apply in this instance. I now have to give a written statement. Do any of the good people on here have any tips on how i challange their defence please.

Sorry for the delay in responding to this, just enjoyed 10 days in the sun courtesy of our compensation from RA.

Receiving a default judgment from the court, less your Form D and then receiving a copy of RA's defence just a few days later is just par for the course. You could ask the court to discount this if this is past the date that RA had to submit any defence....but RA will claim that the delay in snail mail is the reason for this.
Anyway at least at last, you now have the reason why RA claim your flight was delayed.
It is of course an event that is not an EC as David_e quite rightly states, and quite the opposite to what RA state, Wallentin is highly relevant to this and is the basis of your defence.

It probably looks convincing does old RA's defence, you may want to ask why they believe that Wallentin isn't applicable.....RA's defence is utter rubbish, but very predictable and is the next step in their process chart to bully you away....keep going.