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Flight delay and cancellation compensation, Jet2.com ONLY
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I am tempted to write directly to jet2 offering a compromise ie no interest on 2 years delay in settlement, ignore court fees to demonstrate "reasonableness" and effort in resolving the matter prior to any court hearing.
After pointing out all the defects in their defence.
Any comments?
Reasonable idea if you are concerned regarding Court application/appearance however ensure any correspondence is marked as WITHOUT PREJUDICE.0 -
Minkyoo1, Do you have access to legal expenses through an insurance policy or premium bank account?
Thank you for your reply -
No my insurance was a very basic policy - I did check and they said I wasnt covered and I dont think my bank account would cover it as its just a basic current account with Barclays0 -
Back from short but fabulous holiday in Lapland to a reply from Jet2 re my letter asking for exact info as per centipede's kind pro forma to say they are looking into it and will be in touch in due course.....0
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Hello All,
Just thought i'd introduce myself... I too am a Jet 2 claimant and i thought i'd let you all know where i'm up to with my claim for compensation.
I'm sure i'm gunna need some assistance at some point and this seems to be the right place,
Me, Wife and three kids delayed for 23 1/2 hours in 2009 Malaga. Told at the time a part had broken on the aircraft (well they were tinkering around on the underside of the wing anyway !) a part had to be flown out from the UK, plane got fixed the next day and we took off back to blighty around a day late.
Not claiming for food or accommodation.... JUST 2000 Euro ! (the standard delay). For this amount, i expect them to fight me all the way.
Have so far received the standard "unexpected flight safety shortcoming" reply and have responded with the letter below:
Re: Compensation claim for delayed flight
Booking reference: XXXXX
Complaint reference: Jet2/XXXXX
Could you please provide further information, including the results of your investigation, with regards the “extraordinary circumstances” you quote in your letter ? More specifically, the details regarding the delay, being caused by “unexpected flight safety shortcomings” as stated in your response denying my claim for compensation under EU Regulation 261 (2004).
As I am sure you are aware:
The burden of proof concerning a cancellation and whether it is caused by extraordinary circumstance rests with the operating air carrier.
Paragraph 70, Judgment of the Court, C-402/07 and C-432/07 states:
“The fourth Chamber also ruled that under the definition of "extraordinary circumstances", technical faults within an aircraft should not be included and therefore an air carrier cannot rely on a technical fault within an aircraft as a defense from a valid claim under the Regulation”.
As yet, your claim of “extraordinary circumstances” has not been substantiated. Indeed, you (as the carrier) must be able prove that the cancellation was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Please provide the requested information. This will be required should I need to due to pursue a County Court Case against Jet2 if you persist in denying my legitimate claim for compensation the under EU Regulation 261 (2004).
I enclose for your records a copy of a letter requesting the assistance of the Civil Aviation Authority with regards this issue.
Yours Faithfully....
Have also sent a letter to the CAA as you can see by my letter.
Not quite as far down the line as JPears yet and i now expect to recieve the same "NO INFORMATION WILL BE GIVEN" reply.
Am intending to go down the County Court Route in time, as i say am waiting their response to my above letter first.
Will post again when i know more information as it come in.
Like i say, this is an introduction and just to say "Hi to all" on this board.
Any questions and i'll reply.
John.0 -
Indeed, MCOL does not allow more than one claimant in the relevant box, so the only place to put it is in the particulars.
Nope, DO NOT DO THIS.
You only use MCOL if you are just a claimant in the singular.
If there are claimants, plural, use the form http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and then submit to the court.
The airlines and lawyers know this procedural error and exploit it.Posts are not advice and must not be relied upon.0 -
So what do I do? Submit another MCOL claim for my daughter or write to the court requesting advcie on this matter? I will be representing her anyway, should it come to a hearing.
The Jet2 lawyers have quoted "locus standi". My reading on the matter and understanding is that it is up to the court to determine if I have reasonable standing to represent. Given that I am financially involved in the first instance, and potentially harmed by a result, that would appear to be sufficient to have locus standi.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Nope, DO NOT DO THIS.
You only use MCOL if you are just a claimant in the singular.
If there are claimants, plural, use the form http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and then submit to the court.
The airlines and lawyers know this procedural error and exploit it.
Just to clarify, in case anyone needs it, you wouldn't send that form to your local county court because all money claims are now issued out of the Northampton County Court, and are sent to the Salford Business Centre for issue:
Salford Business Centre
PO BOX 527
Salford
M5 0BY
Insert ‘Northampton County Court’ in the Court box. Put the name of the County Court where you want any hearings to take place in the ‘preferred Court’ box. One copy for court and one for the defendant.
Any correspondence thereafter, relating to Acknowledgements of Service, Defences, Requests for Judgment, Allocation Questionnaires are also sent to Salford.
If the Defendant fails to file a Defence, a request for judgment can be made to the Salford Business Centre.
Enquiries on cases to:
For e-mail enquiries: ccmcccustomerenquiries@hmcts.gsi.gov.uk
Telephone enquiries: 0300 1231372
If you need a hand writing your Particulars of Claim, HERE is an example but you'll need to adapt it to your own flight of course.0 -
Reasonable idea if you are concerned regarding Court application/appearance however ensure any correspondence is marked as WITHOUT PREJUDICE.
Sorry 111KAB, I completely disagree with this, if you are referring to the letter concerning an offer pre court hearing.
The letter should indeed be titled *Open Offer* so that you can show the judge just how reasonable you have tried to be. A Without Prejudice offer means that you can't show the letter in court. (well you can in some hearings but not a Final Hearing which is what a claim against an airline will be)0 -
Indeed, MCOL does not allow more than one claimant in the relevant box, so the only place to put it is in the particulars.
Jet2 did not write separately to my daughter requesting information.
The booking was as a group, not individuals and paid for as a group.
My daughter was under 16 at the time so I suspect she could not have issued a claim anyway?
Interestingly the MCOL website says the defence was not received until 8th Feb, 2 days after the 28 days time limit. Why do the courts allow this? Jet2's solicitors know very well the time limits, yet they insist on this brinkmanship attitude.
I wish I knew more on this. But finding out info from the court system is nigh impossible.
It seems ridiculous that on one hand their counsel can attempt to exploit a red tape problem of who you have named on the claim form, yet they can file a defence that is clearly out of time and it stands!
IMO I would attempt to get the court to still deliver judgement by default as no defence was filed in time. Else what is the point in having a timetable?0 -
willhollis18 wrote: »Any defense provided by Jet2 yet? The 28 days expire on my case on the 9th February.....
Have you received a defence?
Or did you file for judgement?If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0
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