Flight delay and cancellation compensation, Jet2.com ONLY

Pot-Nut

Hi all,

We decided to go through EUClaim to try and take away the hassle of handling a claim with Jet2 ourselves (in the end it was money for nothing if we got compensation).

We now find ourselves in a difficult position. We have received cheques from Jet2 amounting to the €400 per person compensation we are eligble to for our delayed flight from Lanzarote to Newcastle (LS546) which was delayed overnight due to a technical fault with the plane.

We are fully aware that we can't just bank the cheques right now as EUClaim would send us an invoice to cover their costs, so I believe we need to weigh up two options:

• How much would EUClaims costs amount to if we just accepted the cheques from Jet2?
• How much would their costs be if we allowed them to continue with their legal process, if they won?

Does anyone have any idea how much EUClaims costs could amount to if we just accepted the cheques from Jet2 now? As far as I know these would just be small claims legal proceedings?

David_e

Pot-Nut wrote: »

Does anyone have any idea how much EUClaims costs could amount to if we just accepted the cheques from Jet2 now? As far as I know these would just be small claims legal proceedings?

You need to examine the legal agreement that you entered into with them. I would assume that the fee is based on the amount recovered rather than any other factors.

What legal process is there to follow if compensation has been paid?

Pot-Nut

David_e wrote: »

You need to examine the legal agreement that you entered into with them. I would assume that the fee is based on the amount recovered rather than any other factors.

What legal process is there to follow if compensation has been paid?

I'm not certain what is going on, anything legal isn't really my strong suit unfortunately.

This is after over 1.5 years of EUClaim fighting with Jet2 and threatening to take them to court. My understanding at this point was that EUClaim had already sent a letter to the courts to begin legal proceedings.

I guess if compensation has already been paid then there's nothing more for EUClaim to fight for in court, so I guess my question is more about how much EUClaim are likely to want to cover their costs. Would sending a letter to the courts have a cost associated with it?

I have already raised the question with EUClaim anyway, and I'm hoping to have a response from them later this week. I guess we're just anxious to see how much we could lose from the final amount (over £2,000). For obvious reasons we're hoping it's not too much!

EDIT - I've found this in their T&Cs:

If at any time the client decides to cancel the instruction or terminate the agreement after contractual work has actually already been performed or after EUclaim, or one of the partners (engaged by EUclaim), has commenced legal proceedings at the Court, EUclaim is entitled to charge the client and/or claimant(s) the no win-no fee rate, the administration costs (in accordance with article 5 of these terms and conditions), as well as adverse costs incurred. In the event EUclaim has commenced legal proceedings, '(actual) costs incurred' is taken to mean, but not limited to, court fees, costs of service, other bailiff's costs, extrajudicial collection costs, authorised representative's fees, additional fees and other costs incurred. In the event of invoicing by EUclaim, the client is obliged to effect payment of the amount due within 14 days after the invoice date.

I'm guessing this means it would likely be more expensive to cash the cheques than it would be to forward them the cheques and allow them to take their standard costs (€25 per passenger plus 27% of the overall compensation amount)?

JPears

If a legal claim has been submitted to court, Jet2 need to also pay your court costs, not just the statutory compensation amount. Contractually, you have not terminated or cancelled the instruction. See what EU claim come back with.

DrA_Harrogate

Firstly well done on your win. Since the cheques are payable to you why not just get them paid into your account, let EUClaim know and ask for an invoice?

Pot-Nut

JPears wrote: »

If a legal claim has been submitted to court, Jet2 need to also pay your court costs, not just the statutory compensation amount. Contractually, you have not terminated or cancelled the instruction. See what EU claim come back with.

The legal claim was submitted by EUClaim if they have indeed submitted one - there's no evidence of this in our online file but they say they have sent the claim form to the court along with a copy to Jet2. I think this may be what finally forced Jet2 to pay up since their letter with the cheques is dated ~10 days after EUClaim said they were sending the claim form to the courts.

If EUClaim have indeed sent the claim form to the courts then I believe this would be a small claims case, and as such would have cost EUClaim a small amount to submit the claim form to the courts. Since it technically hasn't went any further than this would it still be up to EUClaim to try and get Jet2 to cover this cost? I have a feeling from their T&C that it is more likely we'll have to bear the cost.

DrA_Harrogate wrote: »

Firstly well done on your win. Since the cheques are payable to you why not just get them paid into your account, let EUClaim know and ask for an invoice?

Thank you. It's been going on since September 2014 but it's been worth the wait! The cheques are indeed in our name so we can cash them but I want to be certain we wouldn't have any additional charges to pay by doing so. I'm not an expert at reading T&C (especially legal ones) but their T&C make it clear we should not accept anything from the airline and instead forward all correspondence from the airline to EUClaim.

Overall my understanding is that their standard No Win No Fee charge is €25 per passenger, plus 27% of the overall compensation amount. Their T&C list additional costs but I'm not clear on which of these costs we would have to cover, and whether us cashing the cheques would result in more of those costs becoming payable by us.

I'll see what EUClaim come back with when they reply.

JPears

If EU claim have submitted papers to court and they have been received by Jet2, Jet2 must pay those court costs in any settlement.

DrA_Harrogate

". I'm not an expert at reading T&C (especially legal ones) but their T&C make it clear we should not accept anything from the airline and instead forward all correspondence from the airline to EUClaim."

Fair enough. Ring 'em up and ask what to do (and say thank you!)

Pot-Nut

JPears wrote: »

If EU claim have submitted papers to court and they have been received by Jet2, Jet2 must pay those court costs in any settlement.

As far as I can tell the claim form was not processed so there was no settlement awarded through the courts. It looks like Jet2 "settled" by sending cheques to us directly before this could happen.

DrA_Harrogate wrote: »

Fair enough. Ring 'em up and ask what to do (and say thank you!)

They're already aware, just waiting to hear back from them

JPears

If no court papers were submitted by EU clain and received by JEt2 then you will only receive the compensation amount, EU claim should only seek their regular fees ie €25 per person and 27% of compensation amount. They should not have incurred any other fees or "disbursements" It sounds as though they are going to enjoy about 600 quid of your compensation for little work.