Flight delay and cancellation compensation, Jet2.com ONLY

benicetome

Tyzap wrote: »

Hi BeNiceToMe,

I'll try!

I would go with the JPears second option.

A reference to a SC decision is bound to make any CC Judge sit up and take note. It would take a very brave Judge to come to a contrary decision.

Good luck.

Thanks for your reply Tyzap.

In our particular case, this will be the third time T C A (Thomas Cook Airlines) have requested a stay. Already referenced S C ruling second time out. Received confirmation letter just before the Xmas period from C C with a hearing date set for March 2015. In the very same letter I was asked If I'd agree to go to mediation prior to the hearing date to which I agreed.

About a week later I received a letter from T C's solicitor stating that T C A are now requesting a further stay on the case referencing the CJEU ruling on the Van Der Lan v KLM case.

Taking into account the timing on the arrival of TC's solicitor's letter it appears that T C do not want to play ball with me.

Getting sick of it all now.

Nigh on 18 months since I/we initiated the claim through the small claims track.

Emailed (priority and read receipt) local C C requesting that the Judge in our case refuses a further stay using JPears second tactic (thanks JP).

Hope it works to our advantage.

P.S. Sorry to be pitching in on the Jet2 thread, but it was the only place I could find any references to the latest moves by airline carrier's using the CJEU ruling on the Van Der Lan v KLM case for their stalling tactics.

Skid_Marks

benicetome wrote: »

About a week later I received a letter from T C's solicitor stating that T C A are now requesting a further stay on the case referencing the CJEU ruling on the Van Der Lan v KLM case.

Taking into account the timing on the arrival of TC's solicitor's letter it appears that T C do not want to play ball with me.

Their response is interesting, given that they ceased co-operating with Bott & Co.

All is revealed!

Tyzap

benicetome wrote: »

Thanks for your reply Tyzap.

In our particular case, this will be the third time T C A (Thomas Cook Airlines) have requested a stay. Already referenced S C ruling second time out. Received confirmation letter just before the Xmas period from C C with a hearing date set for March 2015. In the very same letter I was asked If I'd agree to go to mediation prior to the hearing date to which I agreed.

About a week later I received a letter from T C's solicitor stating that T C A are now requesting a further stay on the case referencing the CJEU ruling on the Van Der Lan v KLM case.

Taking into account the timing on the arrival of TC's solicitor's letter it appears that T C do not want to play ball with me.

Getting sick of it all now.

Nigh on 18 months since I/we initiated the claim through the small claims track.

Emailed (priority and read receipt) local C C requesting that the Judge in our case refuses a further stay using JPears second tactic (thanks JP).

Hope it works to our advantage.

P.S. Sorry to be pitching in on the Jet2 thread, but it was the only place I could find any references to the latest moves by airline carrier's using the CJEU ruling on the Van Der Lan v KLM case for their stalling tactics.

Skid Marks is right, it looks like Thomas Cook has joined the renegade group led by Jet2.

http://forums.moneysavingexpert.com/showpost.php?p=67265554&postcount=1546

It does no harm to petition your CC Judge, but keep an eye on the Allen v Jet2 court case going before an aviation Judge at Liverpool on 25/2/15.;)

Skid_Marks

'Getting sick of it all'.........this is exactly what the Airlines want benicetome! Don't give in, keep plugging away and you will eventually succeed because the law is on you side.

supermac9

Skid_Marks wrote: »

'Getting sick of it all'.........this is exactly what the Airlines want benicetome! Don't give in, keep plugging away and you will eventually succeed because the law is on you side.

Very true - all airlines, but Jet2 in particular, seem to take great pleasure in dragging the whole situation out for as long as possible, despite the fact that they on a hiding to nothing.
Never give up, and perhaps one day the likes of Jet2 will see that they have to follow UK law like everyone else.

supermac9

Following the Supreme Court decision (Huzar) on 31st October, I wrote to Jet2 asking them to look at my case again and pay compensation.
Their response includes an argument that I am time barred (my flight was on 25.08.12) because a two-year limitation was included in their terms and conditions - they back this up with reference to two unreported cases - Clissold v Ryanair (Colchester County Court) and Pickard v Ryanair (Lincoln County Court) which, apparently, involved the dismissal of the cases as the claims had not been commenced within the adjudged 'fairly imposed' two-year limitation period in accordance with the airlines terms and conditions.
They add that they "have received an order from Liverpool County Court (where the majority of flight claims are allocated) on a matter against Jet2.com in which the Court dismissed the matter of its own volition. The Court confirmed that by entering into a contract with us (Jet2.com) the passenger agreed, under the relevant clause of Terms and Conditions, that the limitation for claims would be reduced to two years"
They add that a technical fault (in this case a fault with the No.1 VHF control panel) is still an extraordinary circumstance (!).
DLA Piper refer to these cases in the following report:
https://www.dlapiper.com/~/media/Files/Insights/Publications/2014/06/Case_update_Dawson_v_Thomson_Airways_Limited.pdf:mad:

JPears

These terms and conditions "imposed" by Jet2 are tosh. They actually deprive you of your statutory rights (Reg261/2004) which is not allowed. And they are unfair terms and conditions.
Have Jet 2 actually provided you with a copy showing your signature agreeing to these terms and conditions or proof that these alleged terms and conditions were indeed in the contract you agreed to over 2 years ago? I suspect they haven't and they weren't.
EC excuse is complete hogwash, as Jet2 know full well.
Your choice know is battle on yourself, having a good read of the unfair terms and conditions legislation or hand over to a NWNF who will have the expertise to sidestep Jet2's pathetic attempts at delaying the inevitable.

JGJackson

Yes, Supermac9, it looks like you received pretty much the same letter I received from Jet2 last month and mentioned in my last post. I've re-read it a few times now and despite their claims of me being time barred plus their claim of the problem being an "extraordinary circumstance", there is a final paragraph that mentions the CJEU and Van Der Lans so that it "is not appropriate to asses your claim at this time". So have they barred the claim or not???

Actually, I was going to attach a pdf of it or include a link from my OneDrive but haven't figured how to do it yet on here - if I can!

So keeping an eye on this thread and as advised have not gone back to the CAA etc. But if claim is barred for any reason, I will probably do the court thing just to get them to pay out something in fees etc. Do you just phone Botts to do that and will they handle my case as I'm based in the North East??

stuco

Do you just phone Botts to do that and will they handle my case as I'm based in the North East??

I am also in the NE and am doing it all by email with Bott and Co.

If you search for them you will get their website and take it from there.

Dave_X

After many letters to jet2 and CAA the latest reply procrastinates that I am now out of time to claim! So back to see if CAA can shed some light on their new excuse !! They deserve to be taken to the cleaners for their vile attempts to deceive with lies etc.