Flight delay and cancellation compensation, Jet2.com ONLY

legal_magpie

JPears wrote: »

My arguement re. interest is that if the judge finds in your favour it is a debt.
The regulation states that compensation shall be paid, where due. It effectively forms part of the contract between customer and airline.
If the airline fail to pay that compensation, where due, to my mind this has become a debt?

I have no doubt whatsoever that this is right, but interest is only recoverable if court proceedings are commenced. So if an airline agreed to pay the claim in full but refused to pay interest, you would have to sue them to recover it and would almost certainly lose.

Dave45040

Have now finalised instructing Bott & Co to further / deal with my claim. Considering that Jet2 have already declined my claim direct & then through the Greek CAA you would have thought we also had a right to claim the associated costs of having to instruct a NWNF company to deal with it for us (on the assumption that they win, that is!)

legal_magpie

This is not so. Legal costs are not recoverable in small claims cases apart from certain fixed costs. There is an exception which would not apply merely because an airline contested a case. If you instruct solicitors to represent you, you do so, in effect, as a luxury, to give you extra peace of mind. Remember that a no win no fee agreement covers you against losing.

Vauban

Dave45040 wrote: »

Have now completed instructing Bott & Co to deal with my claim. If they are successful, then - considering Jet2 have already rejected the claim directly and through the Greek CAA - you would have thought that we would also be within our rights to able to claim the amount it costs us to go through a NWNF company

Not really. Because this would be effectively you trying to recover the cost of your legal fees. And suing in the small claims courts means you don't pay the other side's lawyer's fees, even if you lose. That's quite a useful protection for those going up against the airlines.

Edit: Beaten to it by the early bird! (And he knows what he's talking about too ...)

Dave45040

I do understand that we cannot, I was merely saying that, due to Jet2 playing hardball and, in effect, forcing us to pay someone to deal with it, if they eventually lose and do end up paying out then they could have saved us hassle and money by doing the right thing right from the beginning.

JPears

legal_magpie wrote: »

I have no doubt whatsoever that this is right, but interest is only recoverable if court proceedings are commenced. So if an airline agreed to pay the claim in full but refused to pay interest, you would have to sue them to recover it and would almost certainly lose.

Agreed, interest difficult if not impossible to recover without taking legal action as part of the overall compensation claim.
But I believe pombear included interest in her court papers?

PomBear

I did claim interest on my claim form submitted to CCMCC. Followed the wording and advice on Citizens’ Advice website in the particulars. So have claimed via a formal, legal route.

I guess Jet2 are trying to limit what they have to pay by arguing against it in their defence statement.

They’ve also taken umbridge at the exchange rate I used, and attempted to argue against it. I had to convert from € to £ to make the claim, and I believe used the exchange rate as at the date I made the claim (would need to check what I put on the particulars). I wasn’t sure which to use, but keeping it contemporaneous made sense.

JPears

PomBear wrote: »

I did claim interest on my claim form submitted to CCMCC. Followed the wording and advice on Citizens’ Advice website in the particulars. So have claimed via a formal, legal route.

I guess Jet2 are trying to limit what they have to pay by arguing against it in their defence statement.

They’ve also taken umbridge at the exchange rate I used, and attempted to argue against it. I had to convert from € to £ to make the claim, and I believe used the exchange rate as at the date I made the claim (would need to check what I put on the particulars). I wasn’t sure which to use, but keeping it contemporaneous made sense.

Its the judge's decision on exchange rate. Usually at the point of judgement. Can work for, can work against.

shottsguy22

Hi everyone,


new to this forum!


I travelled on LS857 scheduled from Edinburgh - Malaga. Due to a suspected fuel leak on the plane we had to land in Bilbao, we were then told a replacement plane was being sent from Leeds. Eventually the replacement turned up and took us to Malaga. As a result we were around 6 hours later than our scheduled arrival time. And because the second aircraft was a different plane we did not get to use our reserved seats.


I've send my request for compensation to Jet2 by recorded delivery, I searched online for amounts and hope I got the correct one ! I've request 400 Euro per person which is what I got from the miles of the flight ? I've also asked them to refund what I paid for the reserved seats.


Firstly does this sound like a valid claim ? Also have I requested the correct amount ? !

Tyzap

Hi shottsguy22,

Yes you have a valid claim.

I'd write off the reserved seat for half a flight tho, you have bigger fish to fry!

If you bought any snacks etc, while you were delayed, you can also claim for those too, no alcohol tho.

Please let us know how you get on.