Flight delay and cancellation compensation, Virgin Atlantic ONLY

Topgun20060

Topgun20060 wrote: »

Hi. Have just come across this forum and a very interesting read it is too! I have two separate Virgin flights I am thinking of claiming compensation for. The first was flight VS028 from Orlando to Gatwick, which should have taken off on the 5/8/2010, but eventually took off some 23 hours later. We were told that either the day before, or two days before, our plane was on the ground in the West Indies somewhere, when a truck delivering the food drove into one of the engines. This necessitated a new engine being flown out and attached, and the knock on effect was that our flight was cancelled. From reading this thread I have decided that this does not come under "exceptional circumstances", so hopefully will be ok with this one.
The second one I'm not so sure about. It was flight VS043 from Gatwick to Las Vegas on 23/10/2012, which suffered a 207 minute delay, we were told because of damage caused by a bird strike as the plane was inbound to Gatwick from wherever it was coming from on the previous flight. Does that actually constitute "exceptional circumstances" do you think, or is that just Virgin's bad luck?
Also, just on the off chance, has anybody else on here claimed for either of these flights and if so with what result?
Thanks.

Hi,
Thought I'd post an update just in case anybody else has issues with the same flights, or in case it helps anybody in any other way.
I claimed for the Las Vegas flight first (only because one of my daughters was out of the country for 6 months and unable to sign the form for the Orlando flight) and Virgin are defending the claim, it goes to mediation on the 14th November so I'll see how I get on with that!
With regards to the Orlando flight, I sent off the claim forms, times four, on the 12th August and heard no more, no acknowledgement of receipt or anything. However, I knew they had been delivered because I sent them recorded delivery and checked online. Due to Virgin fighting me on the other case, I fully expected to have to go all the way on this one as well and was preparing my NBA, but no, last week four letters arrived all containing a cheque for the equivalent of 600 Euros, no claim of ECs or anything! Naturally very pleased and surprised.:j
Being slightly of a cynical nature however, I did wonder if the only reason they gave in so easily was because they knew I had started proceedings on the other flight, so assumed (rightly!) that if I had to, I would do so on this one as well. I wondered if anybody else had claimed for this flight and received a claim of ECs.
Anyway, thanks for everybody's help with this so far. I'll post later with the outcome of my mediation.

Lovehols_2

Please please can someone help me I know I seem thick but I have had my defence from virgin and I have now got to pay £40 to courts for my directions questionnaire! Virgins defence is firstly I can't claim for myself and my husband although we had our flights together plus I paid ! Secondly due to the no 2 flap unit fault they had to source part from uk which had to be flown into Grenada meaning a 24 hour delay which although they keep some parts at airports expensive and rarely used parts are not kept as routine stock at non hub airports. They say fault was not inherent in the normal activity of the air carrier . The fault did not occur due to lack of maintenance and the circumstances giving rise to the delay were extraordinary within meaning of article 5.3 of the regulation and could not been avoided and all reasonable measures were taken. I have tried a no win no fee but because this was 2008 lot of companies don't want to know! Only found airline recovery who are not very good and don't take them to court. Please please don't ask me to look at walls tin v Alitalia as I have but I don't understand how I can word my claim using it. One of you very clever people out there please give me some advise!

David_e

Lovehols wrote: »

. I have tried a no win no fee but because this was 2008 lot of companies don't want to know! Only found airline recovery who are not very good and don't take them to court.

Lovehols wrote: »

Please please don't ask me to look at walls tin v Alitalia as I have but I don't understand how I can word my claim using it.

Lovehols wrote: »

One of you very clever people out there please give me some advise!

If you can't find a No Win No Fee lawyer willing to take your case, I'm afraid you may have to give up. As you will have gathered, the Wallentin ruling is absolutely crucial and if you aren't comfortable using it, I can't see how you will be able to mount a convincing case in court.

For what it's worth, I suspect that you do have a good case (assuming you get an informed judge)

Vauban

Lovehols: I'm afraid that David is right. If you struggle to get your head around Wallentin (and the other important judgements) you are unlikely to be able to see the court process through to a successful conclusion. Even if you find a generous person prepared to help you with your court documents, you'll still need to make the legal argument in front of a judge. If you can't find a NWNF lawyer, and don't have legal cover on your house insurance, is it worth spending more time and money on this?

jan78wor

Hi, The reply I have received from Virgin now is (relating to a 27 hour delay from Miami). We have recently received new guidelines in respect of how to apply "extraordinary circumstances" where the EU261/2004 legislation is concerned. They have used as an example

25. Unexpected flight safety shortcomings. Failure of necessary or required aircraft systems (for example the cooling system, avionics system, flight control system, flaps, slats, rudders, thrust reverser, landing gear) either immediately prior to or departure or in-flight (where those systems had been maintained in accordance with the requirement maintenance programme). Which part of the "extraordinary circumstances" criteria due to an unexpected technical issue coming to light shortly before our scheduled departure.

During the turn time in Miam, hydraulic fluid was found to be leaking out of the rudder area. As such, our engineers started to investigate the situation and carry out a full inspection. I can confirm the defect in question was not detected on a previous flight and there was no indication of such a fault in the previous week. The faulty component was an upper rudder middle actuator, which is a replace on condition item. This essentially means the part does not to be replaced until such a time where it is no longer serviceable.

Yet, in their previous letter it said the landing equipment was unavailable in Miami which is a pathetic excuse given Miami is a big international airport and one would expect to have this equipment available. We were delayed 27 hours.

Do you think I still have a valid claim? your help is much appreciated.

Thank you

111KAB

jan78wor wrote: »

Do you think I still have a valid claim?

Yes - court application for you.

jan78wor

Thank you, just wanted to get someone else's opinion. I had already prepared the claim and posted it yesterday when this letter arrived. I will let you know how I get on. Wish me luck

111KAB

jan78wor wrote: »

Wish me luck

Good luck although probably not required as a 27 hour delay is not acceptable and any sensible judge will agree and tell Virgin to Foxtrot Oscar

jan78wor

I do hope so, will keep you posted

pedritothegreat

:jDear all, I started my compensation claim in January 2013. after following the fairly long procedure as described in this forum I will here quote the email I have received today "further to the claim you made, (number deleted by me) for EU compensation following the delay to your flight VS 31 on 29 January 2008.

We have received a Judgment on this claim, however, our records show that a cheque for the full amount, (deleted by me again) was sent to you on 12 September 2013.
Are you able to confirm receipt of this cheque?

Obviously, if you have not received this then I will make arrangements for a new cheque to be raised and sent to you".
Well what good news thank you to all who contributed to this thread which I read diligently. I have not as yet received their cheque but I am sure I will but if not I will, issue a warrant.
Thank you all :T