Flight delay and cancellation compensation, Virgin Atlantic ONLY

robyoung81

Centipede100 wrote: »

Once an airline has denied a claim, they don't suddenly change their mind if you write again!!

The only way to get an airline to settle is to commence legal action and that takes a little time to come to fruition. The first case I know about on here comes up for a hearing on 4th April following a claim launched just after the ECJ ruling in late October.

Thanks, yes I meant has anyone been successful via legal action, i should have been clearer.

OK that's interesting anyway, will keep an eye out for the result. In the mean time it's an NBA for Virgin...

Cheers Rob

TraceyM5

I had posted this in the main flight compensation thread but was advised to post here...

Hello

I have read the FAQ's and there doesn't appear to be a thread for Virgin so I'm posting this. I apologise if it's in the wrong place. I can't see this question being asked before so here goes.
#I have sent the forms off to Virgin to claim for my over 4 hours delay to Orlando. They have sent replies to each (myself, husband and 2 kids) advising they would respond within 6 - 10 weeks. That was on 6th Dec 2012. Two weeks ago I wrote to them advising it was over the stated time and I expect a reply within 7 days. This hasn't happened.
What can I do next? Any advice would be greatly appreciated.

Thought I may just add that my flight delay was in April 2007 and the reason being a LGW to MCO flight was delayed as we had to wait for passengers on the Manchester flight to join us as that wasn't full either!!

After reading these helpful posts can I just ask do I have to do a NBA before going to court? I'm worried about the time scale.

Vauban

TraceyM5 wrote: »

I had posted this in the main flight compensation thread but was advised to post here...

I may just add that my flight delay was in April 2007 and the reason being a LGW to MCO flight was delayed as we had to wait for passengers on the Manchester flight to join us as that wasn't full either!!

After reading these helpful posts can I just ask do I have to do a NBA before going to court? I'm worried about the time scale.

When in April? You are almost out of time ...

Mark2spark

I agree, commence action straight away, don't go out of time otherwise it's all over.

greendog01

robyoung81 wrote: »

Just read through this whole thread and looks like every single claim has been denied by Virgin due to EC!!

We've just had the same denial come through after claiming a couple of months ago.

My question is has anyone here gone on from this and made a claim after being denied initially and been succesful?

Seems like Virgin are just denying everything and hoping people will give up, not really on! Either that or they've been really really unlucky with EC's over the past 6 years!

Rob

Hi everyone!

I have had news from Virgin Atlantic this morning, stating that our claim for compensation after an 8.5 hours delay on a flight from LA to Heathrow has been declined. Apparently because technical difficulties (problems with the fuel computer) were to blame, which are "beyond our actual control".

I have the same question as Rob, has anyone been successful when taking this further with a NBA or letter to the CAA?

What is the best way forward for us now? In the step by step guide it mentions step 2 as a letter to the CAA, but here in the forum the recommendation seems to be NBA?

I appreciate any advice you can give

Thanks

Lil_Me_2

Virgin have responded to deny our claim with a generic "Technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control. As such, I can confirm that this delay was a result of an extraordinary technical problem and as such, we are not liable to pay compensation in line with Regulation (EC) 261/2004."

Two minds whether to send a letter challenging them or to just skip straight to small claims. Their reason was that the fuel pump bolts needed to be replaced, and they had to source them from another airline at Heathrow (we were at Gatwick).

blondmark

Lil_Me wrote: »

Virgin have responded to deny our claim with a generic "Technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control. As such, I can confirm that this delay was a result of an extraordinary technical problem and as such, we are not liable to pay compensation in line with Regulation (EC) 261/2004."

Two minds whether to send a letter challenging them or to just skip straight to small claims. Their reason was that the fuel pump bolts needed to be replaced, and they had to source them from another airline at Heathrow (we were at Gatwick).

Replacing a few worn bolts isn't up there with terrorist attacks or air traffic control strikes. That's definitely routine maintenance and not the least bit extraordinary. What on earth were they thinking not having spare bolts at Gatwick? I've probably got a few in my garden shed.

Sue them - they're playing silly games.

mrsbally

Hi,

I am looking for some advice if anyone can please help!

We were on the VS66 MBJ-LGW 13/3/2013 which was delayed 26 hours after two aborted take offs due to a technical fault with the aircraft.

I have submitted an EU261 claim to Virgin Atlantic which has been denied on the grounds ' that the delay was caused by extraordinary circumstances which were beyond the actual control of Virgin Atlantic and which could not have been avoided even if all reasonable measures had been taken' and due to 'technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control'. They also state that 'the disruption was caused by an unexpected fault with our steering actuator shortly after pushing back for take-off. We returned to stand to investigate and rectify the problem however the airport closed prior to the fix being completed therefore we had no choice but to delay the flight further.

Surely the maintenance of aircraft parts is absolutely within their control? Especially as the pilot announced that this was a problem that had been noted on the outbound flight! The letter also neglects to mention that the reason for even further delay was that we had to wait for the replacement part to be flown in from the States.

Where do I go from here??

I appreciate any advice you have for me, thanks in advance!

Ladylean

Ladylean wrote: »

I have now issued a claim against Virgin Atlantic using the money claims online service which is a government site. If you already have a Government Gateway id (eg if you do tax returns online or request pension forecasts) this is a really simple process. You just log on, fill in a form and pay the court fee (which is included in the costs claimed against Virgin) by debit or credit card. Papers are supposed to be served on the company (at their registered address in Crawley) via the service within 5 days and Virgin then get 14 days to pay up or contest the claim. I will keep you updated on how I get on as it might be the quickest way for other disgruntled passengers to get their compensation.

Well, maybe not the quickest way...... Virgin contested my claim which gave them 28 days to submit a defense. They have now done this, claiming pilot sickness is an extraordinary circumstance (sound familiar anyone?). So the small claims court has now sent me a copy of the defense and something called an allocation questionnaire, which I have had to complete and return within 14 days, (It basically asks when I'm not available to go to Court, whether I want to use any expert witnesses, whether I need to use an interpreter, whether there is any more info I want Virgin to provide etc.) I have just sent it back today and will wait to see what happens next. Anyone else in mid legal action please keep in touch with progress. I am sure Virgin are hoping we will all be intimidated by the thought of Court action and will give up. Please don't give up. It is disgraceful that a company that purports to offer excellent customer service should treat its customers/passengers like this. :mad:

Mark2spark

A 23 hr delay for pilot sickness is just so lame. I can't believe they are contesting it :undecided
Good luck with it.