Flight delay and cancellation compensation, Virgin Atlantic ONLY

111KAB

briddj wrote: »

How can they pay one of us and not the other?

You may wish to point this out to them but thereafter you take to Court - ensure you obtain a witness statement from your friend.

Vauban

briddj wrote: »

Sorry if this has already been covered, but we have a really interesting one involving a flight from a few years ago.

Both on same flight.

A friend sent in his compensation for in January and received a cheque for £256 in early February.

So I got off my backside and sent my form in straight away.

Virgin have rejected MY claim due to "extraordinary circumstances".

How can they pay one of us and not the other?

Because they can. What did they tell your friend? If they acknowledged that payment was due under 261/04 for this flight, that would be helpful. But they probably offered the payment without that admission as "goodwill", which helps you less. But, as 111KAB says, a witness statement attesting to payment won't do you any harm when you take them to court (as you are likely to have to).

briddj

111KAB wrote: »

You may wish to point this out to them but thereafter you take to Court - ensure you obtain a witness statement from your friend.

So is the best course of action to write back to them, stating the case of my friend and stating I will instruct solicitors if payment is not forthcoming? (again sorry I'm sure someone has experienced this before)

Mark2spark

briddj wrote: »

How can they pay one of us and not the other?

Because they are experts at masturbating. :undecided

Write back and insist that they re-check their recorded investigation, as you fear that they might have mixed up the flights, as you have documentary evidence that they have admitted payment of compensation for this flight as being due, and that they have in fact paid it to others, and that if they do not reconsider and settle within 14/21 days, then you will be at liberty to instigate legal action without giving them further notice, where costs and expenses and interest will also be fully and rigorously claimed.

briddj

Mark2spark wrote: »

Because they are experts at masturbating. :undecided

Write back and insist that they re-check their recorded investigation, as you fear that they might have mixed up the flights, as you have documentary evidence that they have admitted payment of compensation for this flight as being due, and that they have in fact paid it to others, and that if they do not reconsider and settle within 14/21 days, then you will be at liberty to instigate legal action without giving them further notice, where costs and expenses and interest will also be fully and rigorously claimed.

Thanks very much.

briddj

Vauban wrote: »

Because they can. What did they tell your friend? If they acknowledged that payment was due under 261/04 for this flight, that would be helpful. But they probably offered the payment without that admission as "goodwill", which helps you less. But, as 111KAB says, a witness statement attesting to payment won't do you any harm when you take them to court (as you are likely to have to).

Just got the screengrab of my mate's letter. It does indeed state the payment was "in accordance with regulation EU261/04" - but they have given him compensation for a flight he wasn't even on! From two weeks earlier!

So now I'm just going to have to send them a letter, quoting the Sturgeon judgement and give them 14 days to settle before legal action.

pairoffives

pairoffives wrote: »

Still not had the cheque for my son!!

Does anyone know the best email address to contact Virgin on?
I want to check they sent one for him

Sent the email giving 48hrs to respond confirming a cheque was in transit or an NBA would be sent.

Obv no cheque received so will be sending the NBA at the weekend.
If it goes as far as MCOL I will be happy to go to court. Particularly as I have 3 separate letters from virgin stating they are paying out under the EU ruling for the others in my party!!!

Vauban

pairoffives wrote: »

Sent the email giving 48hrs to respond confirming a cheque was in transit or an NBA would be sent.

Obv no cheque received so will be sending the NBA at the weekend.
If it goes as far as MCOL I will be happy to go to court. Particularly as I have 3 separate letters from virgin stating they are paying out under the EU ruling for the others in my party!!!

Quite right - what a hopeless bunch!

HiFlyer

So, wrt to my flight from Gatwick to Orlando being delayed by 4hrs 20mins,VA have submitted their defence, although I can’t see it on MCOL but guess itis the same as the letter they sent me. They are claiming EC because “TheCaptain who was due to operate the inbound service from Grenada to Gatwick wastaken ill at the last minute and they therefore had to delay that flight untila replacement Captain (who had just landed at Grenada that day) had takenminimum rest and could legally operate the flight back to Gatwick. The aircraftwas therefore out of position for a period time and not available to operateyour flight to Orlando and we had no choice but to cancel your flight andre-protect all passengers on to our VS0073 service that day, which had to bere-routed from Manchester." They say my claim has been denied on thegrounds that the cancellation could not have been avoided even if all reasonablemeasures had been taken. They ‘believe’ my particular claim falls under the criteriaof ‘Unexpected crew sickness’ in the guidelines which have been developed by somenonsense National Enforcement Bodies across Europe, including the CAA, “because unexpected crewsickness at an outstation is extraordinary, unavoidable and outside of ourcontrol”. Reading through so many postsis making me quite cynical regarding pilot sickness and half-empty planes beingre-routed. Any thoughts please or has anyone else had a similar reply regardingpilot sickness?

richardw

Crew getting sick at an outstation is a risk inherent with operating an airline IMHO.