Flight delay and cancellation compensation, Jet2.com ONLY

stevemej

howticklediam wrote: »

Tyzap and others-

If the reason for a delay is actually a known manufacturing defect that dates from before the flight and you have found EASA documentation to support that, and that documentation says the manufacturer contacted operators about the issue, a Mandatory Occurrence Report MOR (or equivalent) will have been sent to the operator - is that fair assumption?

Can one ask the court to force the airline to produce any such documentation that they have in their possession to the court?

I discussed this with the CAA and they didnt seem to think this would be the case.

At the end of the day it's up to the defendant to PROVE exceptional circumstances and it just depends what burden of proof the judge is willing to rely on.

BTW - has Jet2 paid out anybody over 2 years yet?

northwest1965

The claimants being paid (really pleased for you!) are any of you using Bott & Co or have you done this yourself?

NoviceAngel

northwest1965 wrote: »

The claimants being paid (really pleased for you!) are any of you using Bott & Co or have you done this yourself?

I believe the claimants that have settled out of court have been LiP's

NoviceAngel

stevemej wrote: »

BTW - has Jet2 paid out anybody over 2 years yet?

I believe that's a no

DrA_Harrogate

Tyzap wrote: »

I'm sure you have it under your control Dr.......so I doubt you'll get to court, but the very best of luck if you do.

Slightly different scenario. We went to Court in 2013 (that was fun) and the Court has been merely treading water with numerous 'stays' ever since.

The situ as we stand is that the Learned Judge has, as per 'Allen', said she will find find in my favour unless Jet2 show bla bla... They have filed their 'defence' saying a PTU failure is 'extraordinary' as these things are usually very reliable more bla bla.

So the Judge will, as I understand it, make her choice without the presence of either myself or the Jet2 gofers. I will phone the Court tomorrow to see if I may submit my rebuttal before the finding, or have to wait until she has decided.

I shall keep you all up to date of course!

Vauban

Good luck Dr A - though I very much doubt you'll need it. Your Judge never sounded especially brave: given the weight of the authoritative judgements are now on your side, I think there is only one reasonable outcome.

NoviceAngel

NoviceAngel wrote: »

I thought that they might be settling cases where the 2 year time bar, is not an issue but then there's DrA s case......

....... My prediction is that he's going to get an offer very soon.

Why they are sending him garbage late Saturday is beyond me....

DrA_Harrogate wrote: »

.......

The situ as we stand is that the Learned Judge has, as per 'Allen', said she will find find in my favour unless Jet2 show bla bla... They have filed their 'defence' saying a PTU failure is 'extraordinary' as these things are usually very reliable more bla bla.

So the Judge will, as I understand it, make her choice without the presence of either myself or the Jet2 gofers........

I wonder if that's the reason they haven't settled this case, it requires minimum effort on their part, no attendance, so if they can sway one judge to make a dodgy decision, it may spur them on...

They are on a loser, fighting a tech, and on a previous flight, I can't see any DJ ruling against Allen.

I can almost taste the success, can't wait to congratulate you....:beer:

Cheers

NoviceAngel

dino25uk

Maybe I'm cynical but are Jet2 fobbing people off with, "We are currently appealing the court decision, therefore we will hold your letter on record until the appeal is heard.", hoping by that stage they will have exceeded the 6 year limit to bring the case to court. Folks ensure that you have started court proceedings before the 6 year limit is up.

howticklediam

NoviceAngel wrote: »

You can certainly ask the airline to produce any material that they have in the case, I asked for detailed maintenance reports of the brake unit that had failed. I did this and issued a practise direction 18 request the airline responded with it's too time consuming and this is only a small case claim. A refusal to co-operate could look suspicious to the DJ.

Cheers,

NoviceAngel

Very helpful advice again.

stevemej

Janet176 wrote: »

Hi
I have been "exchanging correspondence" with Jet2 for the past 15 months re a flight delay from 2010. We've had the usual "exceptional circumstances" etc and have today received a letter quoting the 2 year limit ref to Clissold v Ryanair & Pickard vs Ryanair. Can someone guide me with my response please? There is just so much on here I don't know where to start.
The booking was also under 2 reference numbers for 3 of us and, although they initially responded to both booking on one letter they asked in December that we made 2 separate claims. I submitted a claim under the other booking ref but they are refusing to go any further as I don't have a copy of the booking / boarding pass. They didn't request these with my initial claim so surely have acknowledged that they know we were on the flight by responding to my letters?
Thank you.

You're gonna have to take them to court. there is no known instance of them paying without a court summons (AFIK).
maybe you want to go thru bott and co.