Flight delay and cancellation compensation, Easyjet ONLY

Vauban

crossbuyer wrote: »

We were delayed on an easyjet flight from Spain in 2016. After completing easyjet's on-line claim form numerous times (each time it was lost), several pointless phone calls & a letter, we went to the CEDR for adjudication and we won. Easyjet are now dragging their heels and not paying.

My queries (should anyone be kind enough to respond) are:
1. how long should I allow easyjet to pay me - 20 working days?
2. is the small claims court the next place for me to try in this process?
3. if they still don't pay after the SCC, do I get bailiffs involved? That could be quite entertaining.

Thanks in advance for any comments.

The CEDR's findings have no force in law - CEDR is not a substitute for legal action, and neither you nor the CEDR can actually force the airline to pay. So you cannot send in the bailiffs unfortunately!

Whilst it would be pretty difficult for the airline to offer a defence in court if they were a party to an impartial arbitration scheme which had ruled in your favour, the downside for you is that starting a legal claim is likely to take some time and money (which you should get back). So my advice would be to chase CEDR and put the pressure on them to get Ryanair to pay out: it's likely to be quicker than going to court.

ieureed

On the way home from our trip to Italy back in July our flight home (14th July) was delayed by just over three hours (194 minutes) which was a huge inconvenience to us as it meant we had missed our bus and had to wait a further 5 hours for the next available coach.

I was careful to make a note of the exact reasons for the delay, and as per the pilot's announcement, the delay was due to "lots of traffic in the air" and due to the fact they had "missed several air traffic slots earlier in the day which has had a knock-on effect".

At first I tried using EasyJet's own form to submit my claim, but I got no response. I then proceeded to use MSE's templates to send an email myself. I was told by an EasyJet representative that the delay was caused due to "crew being out of hours" (it's my understanding that this is not a sufficient reason?). I went ahead and challenged the representative, to which I received no reply. This was the beginning of the Christmas period so I allowed some leeway.

Over 25 working days later I sent a follow-up email, politely requesting a response, and warning of legal action should I not receive a satisfactory response within the next 14 working days.

I received a prompt response, but not what I was expecting. A different representative responded claiming she had re-looked into the flight report and the flight delay was actually due to an air traffic control strike and as a result they are not able (or willing) to give compensation. Now this raised a few flags because firstly, not a single member of staff had made us aware of this apparent strike until 3rd January 2017, and secondly, this was now the third excuse we had been given by three different employees.

I challenged this and asked for a copy of the flight report, but they have refused and responded with "As you will remember from our Terms and Conditions, when your flight is delayed for more than one hour beyond its scheduled departure time, if you do not wish to travel on the delayed flight you can choose a freetransfer on the next available easyJet flight or you can cancel your seat and receive a credit for future flights with us.
I understand that you choose to travel on the delayed flight. However, it would not be possible for us to send you a 'Flight disruption report' as its a internal report.But, I can confirm that the primary reason for your !flight getting delayed was!due to strike/Air traffic control" (exact grammar).

Now, I've done some research online and as far as I'm aware I can't see any news of an air traffic control strike on 14th July 2016. How do you suggest I proceed with this claim? I feel like I'm just going around in circles with each representative just giving their own bs copy/pasted response.

Advice would be HUGELY appreciated

Justice13075

Put your flight details into EuClaim and also Bottonline who will check your flight details and give an opinion as to whether you are due compensation. There is an Easyjet thread this should go on to that thread.

Justice13075

If they say you are due compensation you have 2 choices. I see you have told them of possible pending legal action so, you can issue a summons through the small claims court or hand it over to a No Win No Fee Solicitor. You won't get the real reason for the delay until legal proceedings are issued against the airline. Download Vaubans guide it is all in there.

JPears

more lazy newbs...

MissGeorgiou

After fighting Easyjet for flight compensation after they overbooked my flight to Cyprus and I was delayed a day. After claiming the first cheque was lost in the post. This took months and months to get a new one reissued. It finally came around September (Flight was March time) I just came back from holiday to find £372 has been taken from my bank account.

The cheque easyjet provided me with was blocked (even though it was cashed straight away) my bank have proof it was received by easyjet bank and they are saying they never got it and now my bank have charged me. On asking the bank to investigate it they have said they have done this a few times to other customers. Easyjet stopped responding to my bank and started ignoring them.

I only got about £300 I've been charged the day it got rejected's exchange rate plus a fee for it bouncing plus the bank fees for cashing a foreign cheque!

I am so distraught about this! I was contacting them almost daily for months and now I'm out of pocket and stressed at a time I couldn't afford to be down £372!!!

I am at a point where I feel there needs to be legal action and I should be receiving compensation not only for the flight, the loss of work I received abroad by loosing a working day but also the time and stress it's caused me as well as the additional bank charges and loss i've received in bank fees!

I don't even know where to go from here. I'm sick to death of their games.

JPears

1. Easyjet thread in future please.
2. Download and read Vauban's guide.
3. Issue court papers via MCOL to include all your additional expenses/costs.
4. Write letter of complaint to CAA regarding EJs abysmal behaviour. It probably won't help but unless people complain to CAA they wont know how terrible the airlines are behaving.

clairet707

So Ive had a claim in with CEDR for a flight that was delayed in October 2016, today was the deadline given to easyjet and they have submitted their defence today. 25 page report including a load of screen shots from I presume to be ATC logs etc

My flight was delayed by almost 12 hours - Easyjet claim to be weather, however it was the incoming flight that was delayed by weather but there were other flights taking off and landing (including another easyjet flight to our destination Luton which was 2 hours after our flight was supposed to leave) from before our flight was due to leave and when it actually did leave.

They are claiming they got another crew from LTN to ATH (where our incoming was diverted to) to fly the plane back to Corfu (as otherwise the crew would have been over hours) but when we finally got on the plane, the captain said they were the original crew doing overtime as a gesture of goodwill.

Some of the other things in their report is different to what we were told or actually happened.

What do I need to do now - the email from CEDR says - The airline has filed a defense in this matter. Consequently, CEDR will now appoint an adjudicator to review the merits of this case. As per the Scheme, the customer is also invited to provide comments regarding the defense.

Do I need to anything now? or do I just wait to see what the adjudicator says?

JPears

I would suggest:
If any "facts" presented by EJ differ from what you are aware of, let the adjudicator know.
Point out that weather affecting previous flights (not yours) and crew out of hours are not generally accepted as Extraordinary circumstances in relation to regulation 261/2004.
If you can post up the defence, anonymised, to dropbox or similar, we'll help dissect it

clairet707

JPears wrote: »

I would suggest:
If any "facts" presented by EJ differ from what you are aware of, let the adjudicator know.
Point out that weather affecting previous flights (not yours) and crew out of hours are not generally accepted as Extraordinary circumstances in relation to regulation 261/2004.
If you can post up the defence, anonymised, to dropbox or similar, we'll help dissect it

Thanks Ill see if I can work out how to do that tonight at home