Flight delay and cancellation compensation, Easyjet ONLY

111KAB

zoefroog wrote: »

Was there a reason you say to stop writing to the airline please? ....

A NBA should not be a threat it should mean Notice Before Action i.e. if you mean it get on with it plus 8 letters is far too many!

toffeefan_2

Hi,
After a 12 hour delayed flight I've contacted easyjet and received an email that says "...non-extra
ordinary reason, you are eligible for a compensation of EUR 400." It then tells me to email the last four digits of my card number and the expiry date, then to ring customer services to confirm. I emailed the numbers and rang and they had not received the email, this was yesterday. I rang again today and still no email. Has anyone had this happen to them? I've tried sending the email 3 times now.
Thanks.

manchesterflyer

My hearing as a small claim re the above delay is scheduled for 4th November at Altrincham County Court (which actually sits at Trafford County Court in Sale).

The Easyjet solicitor has told me that my case is listed back-to-back with another from the same flight.

If anyone reading this is also pursuing this claim, could they get in touch - would be very useful to compare notes on Easyjet's technical reasons for the delay.

Thanks

BallOfWhacks

Hi,

Just an update on my delayed flight to Barcelona earlier this year.

After rejecting my claim due to exceptional circumstances, I sent an LBA which resulted in no response.

I then initiated a claim via MCOL, and thereafter received notice via the court that EJ would be defending the claim.

A few weeks later, I received another letter from the court, in which EJ had essentially caved and was admitting the claim in full, including of course my court fees.

Last week I received a cheque from EJ for the entire amount.

Many thanks to everyone here for your help and advice, and too bad for my fellow passengers who take a 'no' too quickly.

Vauban

Well done BoW! Do post a quick link in the Court success thread too! I think your victory is the third I've read about in 24 hours!

Lollapalooza86

Dear Centipede,

I wonder if I could ask your advice on our case, and whether in your experience/from what you've heard on the forums you think it would be worth us complaining a consumer body or regulator before filing papers with the small claims court/NWNF company.

Background:
Our flight EZY6996 from Madrid to Edinburgh was delayed taking off by 4hrs on 28th July 2013 (was due to take off 21:25 but eventually took off at 1:30am on 29th). We were told later this was because of a 'technical fault' with the plane (our research tells us this fault was reported at 8am – it seems the flight 5(!) previous to ours on the same plane was forced to return to the departure gate). We were told by the pilot the technical problem had been fixed earlier but surely given that they had 12 hours’ notice they should have tried to make alternative arrangements for the later flights to prevent knock-on delays?

To cut a long story short, we sent the standard compensation claims letter via recorded delivery to Easyjet on 13th Aug (detailing how they failed to give us our delayed passenger rights plus referencing the legal precedent of C-402/07 & C-432/07 Sturgeon v Condor & Bock v AirFrance). No response to even confirm receipt but we know it was signed for. We sent a chase up email on 9th Sept to their claims email address, copying in the CEO, with additional legal precedent example of the ruling in the Eglitis & Ratnieks case C-294/10 which concluded that an airline should organise its resources in good time to be able to ensure the operation of the flight after any Extraordinary Circumstances have ended to prevent a knock-on effect. The last line of the last letter threatened to take legal action if I didn’t receive a response within 7 days so was effectively a NBA.

We received a response today:
"I am very sorry to hear about the delay of your flight. We work hard to provide our passengers with a punctual and reliable service. delaying a flight is always the last resort as we understand how frustrating it is for you. In your case, unfortunately we had to cancel your flight for technical reasons. The Flight Control Elevator controls the longitudinal attitude, namely allows the aircraft to go up and down. Without the Flight Control Elevator available it is not possible to control the rise and decent of the aircraft as such it is a flight safety issue. The flight operated after the issue fixed. A situation like that is considered, under our Carrier's Regulations and European Law, to be outside our reasonable control."

a) This isn't entirely grammatical English never mind the spelling mistakes
b) this totally ignores all the legal precedents I have already cited
c) This technical fault explanation isn't outside European law as according to the list of extraordinary circumstances as listed by NEB in April 2013, technical faults which do not occur immediately prior to departure are not classed as ‘extraordinary’ circumstances and therefore cannot be used as a defence against compensation claims. I understand there was also a case in Macclesfield County Court this month which ruled in the claimant's favour as the airline couldn't demonstrate it had done enough to avoid the knock-on delays.

So – our next move – do I respond to this to ask for a more coherent defence from Easyjet themselves, or is it worth going to EASA or the ECC with the complaint to see if they can get any details from Easyjet about what they tried to do to prevent knock-on effect before we pay to submit the Small claims court application? Or shall I just cut our losses and go to a NWNF company?

Lolla

Mark2spark

Lollapalooza86 wrote: »

So – our next move...

Straight to court now.

JPears

Mark2spark wrote: »

Straight to court now.

Like he said. Legal action. You've given EJ a chances, they have shown you the usual contempt and discourtesy that airlines do.
Time to take positive action.

Vauban

Lollapalooza86 wrote: »

Dear Centipede,

I wonder if I could ask your advice on our case, and whether in your experience/from what you've heard on the forums you think it would be worth us complaining a consumer body or regulator before filing papers with the small claims court/NWNF company

No doubt the great man will be along in due course, but in the meantime I would add that I agree with my good friends' comments: take them to court. You've done your homework, clearly, and have a good understanding of the law. Unless you can't be bothered with the hassle - in which case a NWNF route makes sense - I think you should take the airline on in court: their defence seems very poor to me.

Lollapalooza86

Many thanks Mark2Spark, Vauban and JPears - that was as I suspected! Will get started tomorrow safe in the knowledge my legal understanding isn't entirely flawed...optimism/giving benefit of the doubt hasn't paid off that's for sure.

Lolla