Flight delay and cancellation compensation, Virgin Atlantic ONLY

waggon

DebraB14 wrote: »

Can anyone help me please
We have recently returned from a holiday to Dubai and the return flight was delayed 16 hours. We have put in a claim for compensation but this has been declined because the pilot who due to fly us home was had taken ill.
Is it worth appealing this decision?

I recently went to court were I won my case against VA concerning pilot sickness, also in your favour was another case against BA which they also lost.
Find out when he actually reported sick and look at the time lines involved.

mchillerman

Hi Waggon

Can you confirm the flight details of the case you have won against Virgin?

Did you take any note of the BA case details?

Martin

flor2012

Hi mchillerman
I have noticed all the details of the BA case are on the Flightdelays.co.uk page. It makes a very interesting read. I am still holding out for judges to start ruling in favour of compensation for pilot illness.
Joanne

Vauban

flor2012 wrote: »

Hi mchillerman
I have noticed all the details of the BA case are on the Flightdelays.co.uk page. It makes a very interesting read. I am still holding out for judges to start ruling in favour of compensation for pilot illness.
Joanne

What happened in your court case, Flor? I thought you had a date last year?

Anyway, judges have started to rule against pilot sickness being extraordinary - interesting blog here: http://www.flightdelays.co.uk/blog/2015/1314/aircrew-sickness-and-extraordinary-circumstances

flor2012

Vauban wrote: »

What happened in your court case, Flor? I thought you had a date last year?

Anyway, judges have started to rule against pilot sickness being extraordinary - interesting blog here: http://www.flightdelays.co.uk/blog/2015/1314/aircrew-sickness-and-extraordinary-circumstances

A group of passengers from my flight went to court earlier this year i was missed from the listings for some reason, so I never got a chance to be heard in court. The case was originally put on hold as the judge wanted time to think. The decision went against us. I received a letter from the court advising me of the outcome. This was after paying to be heard in Newcastle a year earlier and being transferred all over the country. Since then BA and Virgin have both lost cases with the same circumstances as ours the pilot took ill before the flight he never came to airport etc. As i never went to court i am guessing i can still apply again should Judges continue to rule against the airline. Our delay was 24 hours

JPears

Unfortunately this just shows the disarray and postcode lottery that is the small claims court across the UK. It is very bewildering and confusing for the general public.
Flor did you actually submit court papers?
If not then you are free to submit.
if you did, did you actually receive an order/judgement specific for your particular case from the court?

flor2012

I did initially to Newcastle court they were returned along with my fee two days after submission. I then just received numerous letters transferring the case all over the country, along with numerous other cases. Weeks after the case had taken place I received a copy of the judgement I called the court and they told me I hadn't been included in the listings. It is all so confusing:(

Vauban

I think you may have lost Flor - and you cannot try the same case twice outside of a formal appeal. I don't think the court would have written to you if you were not a party in some way to the case. Did you sign a witness statement or submit any evidence to this "group" claim?

flor2012

No nothing at all. Since hearing that my case was not going to be heard in Newcastle I received nothing other than an odd letter stating the case had been moved. My case at Newcastle was moved a week before the hearing which was due on Xmas eve. I received nothing about the actual court case I rang the court and they confirmed I wasn't on the listing. I paid no fees etc. I received a letter weeks later with details of the decision. It appears they lost my file and upon finding it just sent me a copy of the hearing decision. It's a shame I had put a lot of work into my bundle and had a lot of information which I believe would have helped the case. Will just put it down to experience but if I do hear of anyone being paid for our flight due to the recent hearings I will be back in touch with Virgin and try the claim route again.

SirGimpy

If judgment was entered against you, you cannot claim again regardless of any subsequent decision relating to the same flight.