Flight delay and cancellation compensation, Jet2.com ONLY

JPears

But CAA are still useless either way, pombear.

PomBear

Absolutely, JPears!

Bexybexbex

I've had a reply to my email:

On this occasion, the flight was scheduled to arrive at Nice at 12:00 UTC (14:00 local time). The flight diverted into Marseille as a result of adverse weather, and as the aircraft did not attempt to depart Marseille until 15:20 UTC, it was already over 3 hours late from its original scheduled arrival time of 12:00 UTC, and this was purely due to the adverse weather. Further to this, I must maintain that the delay was a result of adverse weather and therefore no compensation is due.

I must advise that should proceedings be issued, we will defend the case for the reasons described. On this occasion, as we have provided such detailed responses, should we be forced to instruct counsel and file a defence of the same, I must advise that we will seek the costs of doing so.

Thank you once again for your email. Should you require any further information, please do not hesitate to contact me further.

So do I start proceedings now or do I still have to give them another week so it's 2 weeks since I sent my letter and email like I said I would? Also is there a way of me seeing what time they tried to take off from Marseille? As I don't think their times are correct - the landing time certainly isn't as we were due to land at 13.00 not 14.00

PomBear

Looks like they are trying to threaten you into not taking this any further.

Bexybexbex

Yes it does. Have you started yours?

PomBear

Plan to do it this week. I sent my NBA three weeks ago, but apart from notification of receipt, I haven’t had a response.

Tyzap

Bexybexbex wrote: »

I've had a reply to my email:

On this occasion, the flight was scheduled to arrive at Nice at 12:00 UTC (14:00 local time). The flight diverted into Marseille as a result of adverse weather, and as the aircraft did not attempt to depart Marseille until 15:20 UTC, it was already over 3 hours late from its original scheduled arrival time of 12:00 UTC, and this was purely due to the adverse weather. Further to this, I must maintain that the delay was a result of adverse weather and therefore no compensation is due.

I must advise that should proceedings be issued, we will defend the case for the reasons described. On this occasion, as we have provided such detailed responses, should we be forced to instruct counsel and file a defence of the same, I must advise that we will seek the costs of doing so.

Thank you once again for your email. Should you require any further information, please do not hesitate to contact me further.

So do I start proceedings now or do I still have to give them another week so it's 2 weeks since I sent my letter and email like I said I would? Also is there a way of me seeing what time they tried to take off from Marseille? As I don't think their times are correct - the landing time certainly isn't as we were due to land at 13.00 not 14.00

Hi Bexybexbex,

Oh dear, it looks like we have ruffled a few feathers!

I wouldn't be too concerned with their threats, I think it's just proof that they read this forum. Perhaps a bit of a message!

As I understand the rules for MCOL, costs are not normally awarded against a claimant unless they are seen by the judge as being frivolous or vexatious or some such similar wording. Hopefully this can be clarified by someone with better legal knowledge or experience in this field.

Judging by the facts of the case that we have established so far, and also that Bott and Co's calculator also says you have a valid claim, I don't think this case could be considered as anything other than a valid one.

There are still other options open to you at this stage, so lets examine those.

1) continue with MCOL
2) Ask Bott & Co to take on your claim
3) Take your claim to the CAA
4) Drop your claim altogether.

I would favour 3, because the CAA would have to accept the case due to J2 having no ADR. It would be good for the CAA to see how J2 are threatening you, in an effort to scare you off claiming. They can adjudicate but not enforce any decision. The other three options would still be open to you.

Interesting to hear how you and other feel.

Good luck.

JPears

Bexy how many persons are you claiming for?

If more than 2 you could put in a claim to Bott to claim for one person. When they then win for you, do the rest DIY with the knowledge and evidence you can produce in court evidence of payout on the flight.
CAA probably best route as Tyzap suggests firstly, but don't hold your breath...

Bexybexbex

Wouldn't I just be elongating the issue by going to the CAA? If they can't enforce an issue, then what's they point? Didn't I learn this on here?

I was wondering whether they could threaten their legal costs, as I have asked them for proof of exceptional circumstances, which they have refused to give me. So on the facts that I have, I believe that it's a valid case - unless they can prove different - which so far they have failed to do as they just keep repeating exceptional circumstances.

I have been led to believe that when airlines refuse to provide you with evidence of the reason behind flight delay or cancellation, it means they have something to hide. If they actually had evidence, surely they would have just sent it to me to get rid of me and save us all time.

I'm thinking 1 or 2 as 4 isn't an option, I've come too far, with too much anger at their dismissals, to back down. It's just whether or not I do it myself.

Bexybexbex

JPears - i'm claiming for 4 people so that could be a really good idea.