Flight delay and cancellation compensation, Jet2.com ONLY

PomBear

I issued my NBA almost two weeks ago to their legal team. I sent it Royal Mail signed for 1st class (and stated this was what I had done in the letter). Thought worth the small postage fee. I did receive a standard acknowledgment. Amusingly, the exact same wording as the acknowledgment of my original claim. Apparently, although they have ‘done’ this already, they are going to fully investigate, but in strict date order.:rotfl: I don’t expect to hear anymore so will start MCOL proceedings once this week is done.

As an aside, I’ve read Vauban’s guide, but I’m a little confused about starting proceedings with the small claims court. I am claiming for me, Mr PomBear and PomBear Cubs 1&2 (both aged 4). As we all have the same surname and live in the same den can I still do this on-line?

Bexybexbex

I'm more of an amateur than you but Tyzap advised me that - quote I believe that you'll need to use the paper application if claiming for two or more claimants at the same time. Just a few posts up.

PomBear

I am an amateur too!

Whilst I have been to court before (Industrial tribunal - I claimed indirect sex discrimination from a former employer - they settled on day 2 of hearing), I had the support of a legal team.

So, for me, first time claiming in small claims court, and first time in any court without legal representation.

I did think I might have to claim on paper. Not an issue, but it would be nice to be able to track it on line.

Vauban

Yes, you have to do the paper application. MCOL doesnt work for multiple claimants. And strictly speaking, you need to fill in a separate court form to claim on behalf of under-18s too.

I was also very inexperienced when I took Monarch to court and made the error of using MCOL for my family's claim. In the event the judge allowed it - though Monarch tried to object. So safer to do it properly.

One specific point - too late for you but might be useful for others - don't waste your money on registering letters. The courts are prepared to accept (free) proof of posting as evidence that the NBA has been sent. And you might not get your postage costs back - even if you win.

All that said, two other points on paper vs online claims:

1. If you have a straightforward claim, the airline isn't going to let this go to court. Their usual game plan is simply stall to see whether you issue the claim, claim they'll defend, then make an offer before it goes before a judge. So doing the whole claim online doesn't really matter.

2. Using MCOL is only fractionally more convenient (and a little cheaper - though you get your court fees paid if you win). Once the airline acknowledges your claim, and it moves to the "allocation" stage, the whole process becomes paper based anyway.

Good luck with the claim!

V

PomBear wrote: »

I am an amateur too!

Whilst I have been to court before (Industrial tribunal - I claimed indirect sex discrimination from a former employer - they settled on day 2 of hearing), I had the support of a legal team.

So, for me, first time claiming in small claims court, and first time in any court without legal representation.

I did think I might have to claim on paper. Not an issue, but it would be nice to be able to track it on line.

JPears

Vauban, can you still check everything online in terms of progress, default judgement application etc if you do it with paperwork?

Vauban

JPears wrote: »

Vauban, can you still check everything online in terms of progress, default judgement application etc if you do it with paperwork?

No. But if you can use a calendar and a telephone you can work out when the airline needs to acknowledge service and issue a defence by. And then you can call the court if need be to check - and apply for default judgement if appropriate.

JPears

Indeed.

PomBear

I think it may have been JPears, but do correct me if I am wrong, that described the CAA as being about as useful as a chocolate fire-guard. Well, you were right.

Whilst I have been concurrently pursuing my claim against Jet2, I had, on the off-chance complained to the CAA.

I received this response:

Thank you for your recent complaint about Jet2


As your complaint falls within the scope of EU Regulation EC261/2004, and you departed from another European Union (EU) country or from a country outside the EU to an airport in another European country, I am afraid that we are not in a position to assist.

They then go on to say that they have referred my complaint to the Greek NEB.


My response:

Dear xxxxxx

Thank you for failing to read my complaint.

[Recap of statement above]

I clearly stated that my complaint related to the delay of Jet 2 (a UK operator) flight LS904 on 17 June 2017, departing SKG, with a scheduled time of arrival at MAN of 23.10 on the same date. The actual time of arrival at Manchester (a UK airport) was 18.14 the following day, 18 June 2017.

Given that I am a UK citizen, who was scheduled to fly on flight LS904 on 17 June 2017 from SKG to Manchester (UK), with an airline based in the UK, I am at a loss as to why you have referred it to the Greek NEB? Since when did Manchester (MAN) cease to be a UK airport?

Yours sincerely

Mrs PomBear

All I can think is that they are under the impression Brexit has already happened...

Tyzap

Hi Pombear,

I hate to say it, but they are right.

The NEB in the country that the flight departs from has the responsibility to investigate.

Good luck, regardless.

PomBear

Thanks for clarifying that, Tyzap. In that case, it was the way they worded it (poorly), ‘to an airport in another European country’. I read this as one outside the UK, rather than what they intended. I have spent the last 14 years of my career working in sales, marketing and comms at quite a senior level. Have always had it drummed into me to remain clear when communicating.