Flight delay and cancellation compensation, Jet2.com ONLY

NoviceAngel

JPears wrote: »

Agreed - the CAA regulations are laid out in detail.
But I would expect a Judge would want to see defintive evidence/proof of the contract T&Cs from a large business/corporation, where the defence hinges soley on the T&Cs and nothing else.

I think we all agree but until the gledhill appeal and subsequent (expected) SC 'Huzar' type ruling then the two year t &c's are in limbo

I've always said in my mind it's a clear cut case that common law and fair t & c's all play a part in all this, but whenever I've spoken to the real lawyers they are always more sceptical so who knows, the law is the law and it's not always fair !

Another call for patience while I'm on the beach or back at the hotel room - forecast not good!

howticklediam

JPears wrote: »

Agreed - the CAA regulations are laid out in detail.
But I would expect a Judge would want to see defintive evidence/proof of the contract T&Cs from a large business/corporation, where the defence hinges soley on the T&Cs and nothing else.

Especially if that company is of an aggressive, litigious nature.

howticklediam

NoviceAngel wrote: »

I think we all agree but until the gledhill appeal and subsequent (expected) SC 'Huzar' type ruling then the two year t &c's are in limbo

I've always said in my mind it's a clear cut case that common law and fair t & c's all play a part in all this, but whenever I've spoken to the real lawyers they are always more sceptical so who knows, the law is the law and it's not always fair !

Another call for patience while I'm on the beach or back at the hotel room - forecast not good!

Enjoy your hols. I'm sure you won't miss anything.

owl4life1867

SUCCESS STORY

Hi all,

Thought I'd share my Jet2 compensation success story with you all...

So back in June 2014, I went on my stag doo to Prague. There was 18 of us in total. On the return back to the UK after a superb weekend (what I can remember of it) we were unfortunately delayed by 3.5 hours due to a technical fault with the aircraft.

I thought at the time, this is annoying, but hey ho, nothing we can do about it and I'd rather them fix the plane before boarding it!

A few months after returning, a friend mentioned to me that there was an ongoing court case against airlines that would be set to open a flood of compensation claims if it went against the airlines.

So, after following the case and reading all the advice on MSE, I decided to try and claim. (A lost cause I thought due to it being a technical fault but worth a try I thought). I started by sending a letter back in September 2014. (The template letter that was provided on MSE). After a few weeks, I received a response saying that Jet2 were currently appealing the decision to the supreme court and that all such claims were currently on hold.

After they lost the appeal and the judge from Liverpool Crown Court said it was time airlines started to pay up, this promoted another letter from me in March this year. Again it was courtesy of a template from MSE.

I received a fairly swift and what seemed like a boilerplate template from Jet2 basically saying that due the delay being caused by "Extraordinary Circumstances", they didn't have to pay out.

At this point I thought all hope was lost. Until I read through the forums and found a handy little guide from someone called Vauban. This proved to be really helpful so here is a link to download it:

dropbox.com/s/y0pkwwdhoyo3elv/Vauban%27s%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf?dl=0 *

After skimming through it, I decided my next step was to cut out the middle man and not go through the tedious process of writing to the airline enforcement body in Prague as this would prove to be pointless. Instead, I emailed an NBA (notice before action) to Jet2 and addressed it to "The Chairman". This then shows the airline that your willing to take them to court. The content of the email was copied and adjusted from Vauban's guide since I have NO legal knowledge whatsoever. I then allowed them 14 days to respond (which they didn't of course) before contacting a no win, no fee solicitor.

I used Bott and Co since they were the company that won the initial court case against Jet2, which prompted the thousands of delay compensation claims. I thought since they won the initial case, they obviously know what they're doing, but I'm sure there are others out there too.

They made it really easy on their website to claim. All I did was fill out a quick form to see if we were eligible (which we were) and the rest was minimal hassle.

bottonline.co.uk/aviation/flight-compensation-claims-form *

They of course take a cut. In my case we were all due 250 euros. First off, they take 25 euros. Making your compensation 225. This was £162. Then they take 27%. This made it £118. Then there was VAT. In total we were all awarded £113.70. I made the claim on 26 March, it's now 14 May and we've all been successfully compensated this week so it only took them 2 months to win the case.

I could of course proceeded to try and win the case myself and cut Bott & Co out to claim the full 250 euros, but to be honest, without any knowledge of the law, plus the upfront fees you pay to take a case to small claims court, I would of been way out of my depth, so it was easier just to get them to do it. After all, £113 is better than nothing!

Good Luck with your claims, I just wanted to share the fact that we won, even though Jet2 tried to fob us off, so don't give up until a legal expert says you have no case!

Matt

*add www. in front of link

Dr_Watson

owl4life1867,
Well done:beer:
UTO WAWAW.

DrA_Harrogate

Greetings fellow sufferers


I am repeatedly astonished, no that's not quite right I am used to it by now, of the grindingly slow and user-unfriendly nature of the LiP small claims procedure. I shall not repeat the entire chain of events but suffice it to say that my claim continues...


To precis, my case was 'stayed' pending the outcome of the Huzar and Allen cases (fair enough). After these had been put to bed, Jet2 (via 2birds I guess) and I received an 'order' that we make submissions by 3rd April as to whether we thought a further hearing was necessary or were content for the Judge to -um- judge.


I replied that there was no 'new' information anywhere to air, referred to the 2 cases, and courteously invited the Learned Judge to proceed. 2birds did not comply. Returning from holiday some 4 weeks after the due date... nothing. After a conversation with the nice Court staff I get an e-mail asking if I had shared my reasoning with 2birds! I did not, as I thought they should come up with their own arguments. I did however e-mail them to say I had indicated I was happy for the Judge to proceed.


Mysteriously, complete silence from the previously very courteous folk at 2birds. Is this, I wonder, connected with the TV 'bailiffs' programme in which Jet2 blamed their lawyers?


BTW I have spotted that Jet2 have won a High Court action against BALPA vis a vis union representation.


On we go...


AS

Vauban

Blimey that does sound painful.

If it's any consolation, I had to attend three separate hearings before I got my compensation from Monarch.

Sometimes you just get a judge that doesn't want to proceed with speed ...

NoviceAngel

DrA_Harrogate wrote: »

.......
I replied that there was no 'new' information anywhere to air, referred to the 2 cases, and courteously invited the Learned Judge to proceed. 2birds did not comply. Returning from holiday some 4 weeks after the due date... nothing. After a conversation with the nice Court staff I get an e-mail asking if I had shared my reasoning with 2birds! I did not, as I thought they should come up with their own arguments. I did however e-mail them to say I had indicated I was happy for the Judge to proceed.




On we go...


AS

I'd keep pushing for either the Judge to enter Judgment or for 'another' hearing.....

For anyone that has followed your case, they will be astonished at the way your case has progressed, our legal system towards LiPs is a disgrace.

NoviceAngel

Just as side post, I actually went on a return flight from Jersey yesterday back to LBA, no delay even though the Boeing 737-300 was almost 30 years old!

Bit of a bounce when landing, but loved the Flybe flight out to Jersey via Southampton, happy days and no delays! Interesting the DHC-8 was less than 8 years old! Are you listening J2?

Tenerife in August with none of the above, apologies in advance to our very own Dr. Watson.

Dr_Watson

NoviceAngel wrote: »

Tenerife in August with none of the above, apologies in advance to our very own Dr. Watson.

Not a problem my friend, you know where I am!