Flight delay and cancellation compensation, Virgin Atlantic ONLY

lees6655

flor2012 wrote: »

Just wondering if anyone has had any success with the 25hr delay MCOL to Manchester June 8th 2013 - pilot sickness or if any court cases are due soon. Got mine coming up soon !

Hi did you go to court and what was the outcome i was on the flight VS074 and dont know what to do next as i have had the letter back from virgin saying extraordinary circumstances

David_e

lees6655 wrote: »

and dont know what to do next as i have had the letter back from virgin saying extraordinary circumstances

That suggests that you haven't read the FAQs. If you spend some time reading the very useful information there, you will be well placed to decide if you have a valid claim and, if so, what your next steps are.

lees6655

David_e wrote: »

That suggests that you haven't read the FAQs. If you spend some time reading the very useful information there, you will be well placed to decide if you have a valid claim and, if so, what your next steps are.

Hi yes i know i have a valid claim i just wanted to know how they got on in court as i will have to go to court myself or go down the no win no fee route. I know that a few people on here had court dates and wondered how they got on .

HiFlyer

Should Virgin have 14 WORKING days to reply to a NBA letter before proceeding with court action or just 14 days? I am running out of time - claiming for a flight cancellation/delay 28 Feb 08. By the way, FlightStats showed this flight as being cancelled a few months ago on their website but this has since changed and shows it being only 50 minutes late! So they are updating their stats going back all that time? My original Virgin flight was cancelled (pilot sickness in the Caribbean) and a Virgin flight re-routed from Manchester but that was several hours late. New to this and hopefully posting correctly - couldn't see a 'new post' icon!

David_e

HiFlyer wrote: »

Should Virgin have 14 WORKING days to reply to a NBA letter before proceeding with court action or just 14 days? I am running out of time

You can say that again. I don't think it's set down anywhere and to be honest you just need to do it so if 14 calendar days is what it takes, put that but you need to get you everything in place so that you can make your court claim on 28th.

111KAB

HiFlyer wrote: »

Should Virgin have 14 WORKING days to reply to a NBA letter before proceeding with court action or just 14 days? I am running out of time - claiming for a flight cancellation/delay 28 Feb 08.

Period is up to you however I would get on with this now as you are very close to the deadline so make sure you dot the i's and cross the t's. Don't worry about Flightstats - information on there has no legal standing anyway.

CobyBenson

HiFlyer wrote: »

Should Virgin have 14 WORKING days to reply to a NBA letter before proceeding with court action or just 14 days? I am running out of time - claiming for a flight cancellation/delay 28 Feb 08. By the way, FlightStats showed this flight as being cancelled a few months ago on their website but this has since changed and shows it being only 50 minutes late! So they are updating their stats going back all that time? My original Virgin flight was cancelled (pilot sickness in the Caribbean) and a Virgin flight re-routed from Manchester but that was several hours late. New to this and hopefully posting correctly - couldn't see a 'new post' icon!

Given how close you are to limitation I don't think the courts would criticise you in any way for issuing proceedings straight away.

The Practice Direction on Pre-Action Conduct says:-

9.6 In certain instances compliance may not be possible before the expiry of the limitation period. If, for any reason, proceedings are started before the parties have complied, they should seek to agree to apply to the court for an order to stay (i.e. suspend) the proceedings while the parties take steps to comply.

HiFlyer

CobyBenson wrote: »

Given how close you are to limitation I don't think the courts would criticise you in any way for issuing proceedings straight away.

The Practice Direction on Pre-Action Conduct says:-

9.6 In certain instances compliance may not be possible before the expiry of the limitation period. If, for any reason, proceedings are started before the parties have complied, they should seek to agree to apply to the court for an order to stay (i.e. suspend) the proceedings while the parties take steps to comply.

Thank you.:) I have already sent the NBA and given them 14 days - which takes me up to the 28th! (And is this 14 days from the date they receive the letter or from the posting of it?) Can I start proceedings then or does it have to be the day before (ie 27th)? I foresee Virgin not responding by then as they know I will be nearly out of time. Maybe I should email them explaining and giving them a shorter timeframe to respond?

111KAB

HiFlyer wrote: »

Thank you.:) I have already sent the NBA and given them 14 days - which takes me up to the 28th! (And is this 14 days from the date they receive the letter or from the posting of it?) Can I start proceedings then or does it have to be the day before (ie 27th)? I foresee Virgin not responding by then as they know I will be nearly out of time. Maybe I should email them explaining and giving them a shorter timeframe to respond?

As Coby and I said - get on with it now but make sure everything is completed correctly. Are you going N1 or MCOL as this can make a difference as to when Virgin receive the papers?

HiFlyer

111KAB wrote: »

As Coby and I said - get on with it now but make sure everything is completed correctly. Are you going N1 or MCOL as this can make a difference as to when Virgin receive the papers?

That was my next step and I was going to look at MCOL as I have seen posts that said it was quicker and easier. Not sure what N1 is yet - local court I would guess, I will research that tomorrow and hopefully get everything in place - I have only started looking into this in the past week and taken ages reading through some of the FAQs and the posts, only another 20 to go! Does it make any difference as to when Virgin receive the papers?