Flight delay and cancellation compensation, Virgin Atlantic ONLY

Zackariah

Hi

My mother and aunts where delayed on a flight from Kingston Jamaica to Gatwick for 24 hours. They where told that the delay was due to pilot sickness. I have applied for compensation on their behalf however Virgin rejected our claim saying it would be intolerable to expect them to provide cover for pilots. Does anyone have a view as to whether I have a case? I have already checked the CAA site and this situation doesn't fall under the medical extraordinary circumstance.

Thanks

Also they where not given accommodation (or told they could have it) and had to return to a relatives home.

David_e

dunkmat wrote: »

Sent 3 separate forms off on the 4th September 2013 and still had no acknowledgment! Would you wait or resend?

Neither, I would send NBA.

dunkmat wrote: »

I have a claims company in the same building who said they would send the forms saying I am their client for no charge? Do you think this would be worth it?

No, threats mean nothing to airlines, you need to take action.

normansbaby

Hi, I went to mediation and reached a mutually acceptable conclusion and cheque received.
So thanks to everyone on this thread that has posted information on how to submit a claim, it has been invaluable.

ruby28

I had a mediation session with VA last week and agreed a settlement. I agreed to give up the interest and £70 court fee I had already paid and the money was in my account within a few days. Virgin were saying despite the EC being on a flight previous to mine they were prepared to go to court as they thought the EC still applied. They made a lower offer which I declined but I didn't really want the hassle of a day in court so was happy with the outcome.



Thanks to all who have offered advice.

hmtowns

Psaila wrote: »

I submitted my claim and virgin for the 27 hr delay vs16 orlando to gatwick on the 23rd june and they said they were to defend the whole claim they have now gone a couple of days past the 28 days they had to file a defence. I called the money claims and they said leave it a few days and if nothing then it is time to request for judgement. Is this the usual route?

Thanks Darren

Darren

Cant believe they told you that. If a deadline is missed you are entitled to Judgment. Send the request for Judgment as quickly as the deadline passes. If they miss it it is their fault. They have a whole team dealing with these cases so they should not miss dates.

hmtowns

tcraft13 wrote: »

Thank you so much 111KAB.

I will let you know how it goes, must admit it was only when I was typing out the message that I noticed the words''before the departure of the inbound aircraft' .Up unti then I thought it was saying the fuel leak was on our aircraft.

So will take your advice and go on with the process, next stage court I guess.

I have a previous flight issue in Court on the 30th Oct. Will let you know it goes. There is caselaw on this issue and also the technical fault issue yet Virgin still defending.

JPears

hmtowns wrote: »

Darren

Cant believe they told you that. If a deadline is missed you are entitled to Judgment. Send the request for Judgment as quickly as the deadline passes. If they miss it it is their fault. They have a whole team dealing with these cases so they should not miss dates.

But all they will do is seek a set aside of any judgement.
The law firms love this brinkmanship, its all part of the "game" (and probably the most exciting thing in their lives...)

hmtowns

So in the post today I have received the Defendant's Skeleton argument in advance of my hearing and I have duly popped in the post over 100 pages as a skeleton argument and evidence upon which the Claimant intends to rely.

I cant believe they are taking this case to a final hearing. I am confident that it was a technical issue (cracked windscreen) which was in no way exceptional as there were more than 40 others in the same year alone! and it was on a flight before mine. I am preparing for the final hearing and will update after 30th.

Vauban did you see the Watchdog article about Monarch and Thomas Cook being the worst offenders. It was however good to see that the CAA are saying that they are finally getting caught up! Will be interesting to see whether they take any airlines to court themselves.

kayleighnik

I sent 4 applications forms off on the 10th September 2013 to claim for a 20 hour delay on the 5th September 2009. I was expecting a fight on my hands, as other people from my flight had had but received letters this morning containing cheques for £507.79 this morning! I didn't even receive an initial 'no' from them - they simply decided to pay straight out! :j Thanks for all the advice, both on the main site and this forum, it came in very handy! We're now £2028 up!

adea

There were 9 of us delayed for just over 3 hours last year, flying from Gatwick to Orlando.
My father-in-law put in a claim a few months back and in the post this morning, we had 4 cheques for £252 each! (our part of the claim was for my husband, myself and our 2 daughters). Thank you so much MSE!