Flight delay and cancellation compensation, Jet2.com ONLY

JPears

Charlene6 wrote: »

Hi all,

I recently have been in contact with Jet 2 regarding compensation for my flight which was delayed by over 3 hours on 5th September 2015. The were delayed by about an hour before we were even allowed on the plane and then upon boarding the plane we were told that there was a fault with the door, we then waited just under 2 hours on the plane where the cabin crew and the pilot repeatedly explained that we were delayed due to a fault with the door. The engineer's managed to fix the door and we were on our way. Upon arriving at Dalaman airport we were over 3 hours late.

I initially contacted Jet 2 who got back to me saying that the delay was an extraordinary circumstance and therefore they wouldn't be paying compensation. I replied again stating that we were told the delay was due to a technical fault and as the new ruling states from the previous court case - a techincal fault is not an extraordinary circumstance. I also contacted the Civil Aviation Authority and asked them to look into the case for me.

I received an e-mail back from the CAA who advised that upon looking into my case they have found no extraordinary circumstances for the delay and have advised Jet 2 that they are liable to pay the compensation. Unfortunately as they are not an ombudsman they can't force Jet 2 to pay the compensation claim. I therefore contacted Jet 2 AGAIN and copied in the correspondence from the CAA. I received a letter back from Jet 2 at the weekend again stating that the delay was due to air traffic control restrictions (which is not true) and they would not be paying compensation!!

I know the next step would be a small claims court however i do not want to be out of money for this. I feel angry that Jet 2 are refusing this claim even when the CAA have advised they should be paying out.

Why are they getting away with this??

C6 - usual bluster and procrastination. They will try to fob you off until you commence legal action.
In your initial communication, did they acknowledge the actual door fault? Or just claim EC without detail? If the former then a judge won't look too kindly on them changing story to deceive you.

NoviceAngel

JPears wrote: »

C6 - usual bluster and procrastination. They will try to fob you off until you commence legal action.
In your initial communication, did they acknowledge the actual door fault? Or just claim EC without detail? If the former then a judge won't look too kindly on them changing story to deceive you.

Yes and I think it's fair to say if it HAD been a genuine EC J2 would have been telling the CAA all about it.... The fact that the CAA have ruled in favour of Charlene would suggest to me, it's more the usual cynical lies peddled by them to avoid a genuine claim, disgraceful behaviour yet again, don't let them get away with it Charlene.

Cheers,

NoviceAngel

DrA_Harrogate

Goodness me are they still up to this? Their tactic would seem to be (still) to resist and at each stage claimants will give up. As m'colleagues have observed the case looks pretty watertight. Start by sending them an NBA ("Notice Before Action") letter (they will very probably give up at this point) and either take it yourself via Money Claim Online (google that) or use a nowinnofee lawyer.

Go get 'em!

NoviceAngel

DrA_Harrogate wrote: »

Goodness me are they still up to this? Their tactic would seem to be (still) to resist and at each stage claimants will give up. .............

Yes, it would appear to be the case, two new cases on this thread in the space of one week, and I was just on my way to buy my pipe and slippers, looks like I can't give up the unpaid job and go back to a normal life after all .

In a way it's nice to see new cases*, and because there aren't floods of them, we should be able to guide potential claimants through the legal process a little more personally. It will be interesting to see how the last two cases progress...

I recall at the Allen case, how J2s barrister described them as having a bucket system...

Bucket 1 - Customer initial contact claim, Letter from J2 saying EC
Bucket 2 - Those who issued an NBA, Just ignored
Bucket 3 - Those that actually issue N1

I can't recall the figures, I probably posted them in the Allen thread, but I recall I was astonished at how many gave up at bucket1, only a fraction only ever made it to bucket 3...

Although I think I, and a few others made it the slop bucket, the barrister didn't mention that, one can use ones imagination.....;):beer:

* No offence intended, - I know it's not nice having to fight this hard..It just gives us something to do cos some of us get bored easily....

legal_magpie

Charlene, they get away with it because people give up after they have been fobbed off, ignored or given misleading information. Yes, in an ideal world airlines would not only settle valid claims quickly and without fuss and would even contact people to tell them they have a claim. Sadly that's never going to happen and you'll have to fight for your rights

Charlene6

Thanks for your help everyone. I'm not very good at these things so i appreciate all of the help and guidance.

Charlene6

JPears wrote: »

C6 - usual bluster and procrastination. They will try to fob you off until you commence legal action.
In your initial communication, did they acknowledge the actual door fault? Or just claim EC without detail? If the former then a judge won't look too kindly on them changing story to deceive you.

No they have maintained all along that it was air traffic control restrictions which caused the delay. Even though the whole flight was advised that the delay was due to the technical fault with the door.

howticklediam

I suspect from now on any time a flight is delayed the passengers won't be told the reason at the time so the airline can try to wriggle out of it later.

Or they will always say it's an ATC decision - I suppose technically ATC are always involved.

JPears

Yet the CAA have decided its not an EC. If it actually goes to court that could be useful. Getting a copy of the J2/CAA correspondence could be useful too.

NoviceAngel

I'd issue the NBA see if they respond favourably, probably not then start MCOL claim, you'll get their defence, that will be the first time that they actually state the real reason for the delay, personally I don't think it will get that far. They'll probably offer a settlement once legal action has commenced.

Good luck and do keep us all informed

Cheers

NoviceAngel