Flight delay and cancellation compensation, Virgin Atlantic ONLY

Lil_Me_2

Happycomper wrote: »

Thanks for your advice KAB. I was wondering what the significance of the part of their letter where they say it was outside of the maintenance manual - whether their defence will be that as its outside of the maintenance manual, quoting the Sturgeon case - ECs '...are not inherent in thenormal exercise of the activity of the air carrier concerned and are beyond itsactual control'.

Anyways, I've sent the NBA and referred to the Sturgeon case. Let's see what they come back with. Just looking into how the MCOL thing works now!

Thanks again for your help.

Bit late if you've already sent you NBA, but I took some quotes from this - http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0549:EN:NOT

Scroll all the way down to paragraphs 23 onward.

ruby28

Hi,

can someone give me a quick response (12 pages would take me forever to read through!)

We were delayed 8 hours Gatwick to Barbados in 2008.

I sent the MSE template letter to Virgin in february which they wrote back and asked for me to complete their online forms.

They were returned to Virgin. I chased them about three weeks ago and just got a standard "we are looking into it" response and they would not give me an update as i had not waited 12 weeks. I have chased today (and they have acknowledged my claim) and again despite it being almost 12 weeks since my initial application they will not give an update due to the number of claims they have received.

I have issued notice before action via the online chat. What do i need to do next? Do i need to continue waiting or can i start small claims?

Many Thanks

Happycomper

Lil_Me wrote: »

Bit late if you've already sent you NBA, but I took some quotes from this - http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62007J0549:EN:NOT

Scroll all the way down to paragraphs 23 onward.

Thanks Lil_Me, appreciate the link. I've already sent my NBA, but I did include some quotes from the Sturgeon judgements. I'm hoping I've included enough.

Thanks again

Ich_2

What do i need to do next? Do i need to continue waiting or can i start small claims?

Up to you if you feel patient and don't want to try and jump the queue thus pushing someone else's claim back or just want the money as quick as you can!

Vauban

ruby28 wrote: »

Hi,

can someone give me a quick response (12 pages would take me forever to read through!)

We were delayed 8 hours Gatwick to Barbados in 2008.

I sent the MSE template letter to Virgin in february which they wrote back and asked for me to complete their online forms.

They were returned to Virgin. I chased them about three weeks ago and just got a standard "we are looking into it" response and they would not give me an update as i had not waited 12 weeks. I have chased today (and they have acknowledged my claim) and again despite it being almost 12 weeks since my initial application they will not give an update due to the number of claims they have received.

I have issued notice before action via the online chat. What do i need to do next? Do i need to continue waiting or can i start small claims?

Many Thanks

You have not (not) issued a legitimate Notice Before Action if you did it via an online chat facility. And if you think that reading 12 pages is too much effort, walk away from this now. Because you're going be reading (and writing) a lot more than that if you want your money.

ruby28

Ich wrote: »

Up to you if you feel patient and don't want to try and jump the queue thus pushing someone else's claim back or just want the money as quick as you can!

but the question is how long do we actually wait? They said 12 weeks and are now pushing this back further, a delay tactic i assume in using the number of claimsthey have received in the hope people give up. I guess it doesnt really matter at what point i start small claims it will have to be dealth with by Virgin at some point, thus delaying someones claim!

ruby28

Vauban wrote: »

You have not (not) issued a legitimate Notice Before Action if you did it via an online chat facility. And if you think that reading 12 pages is too much effort, walk away from this now. Because you're going be reading (and writing) a lot more than that if you want your money.

Who really has the time to read hundreds and hundreds of posts in one go! I was just hoping for a quick answer by someone who is more knowledgeable than me. I can look into this more in depth when i have more time!

Vauban

ruby28 wrote: »

Who really has the time to read hundreds and hundreds of posts in one go! I was just hoping for a quick answer by someone who is more knowledgeable than me. I can look into this more in depth when i have more time!

Don't you worry about it! Why try to use all the links and lists that folk have spent their own time compiling when you can simply get someone else to do the work for you?

Read the FAQs on page one, including the link entitled "What to do next". That's what you should do next.;)

Ich_2

They said 12 weeks and are now pushing this back further, a delay tactic i assume in using the number of claims they have received in the hope people give up

Or the truth?
Perhaps timescales are extending and folk being pushed back by other impatient types throwing a tantrum and wanting it now, now, now.
If the court case last year had gone the other way most would not be able to make any claim. so this is a bonus. You have 6 years from the date of the delay to take it to court so what's the rush?

Virginairlinesarecrap

Hi my daughter and i were delayed for 3hours50mins on flight vs073This was on april 24th 2009.
The plane had a compressor fault and the engine would not start. We were in manchester, the plane was on the ground at gatwick and had to return to its stand
Virgin claim extraordinary circumstances, however, i smell a bad odour of bovine excrement , i have put this in a solicitors hands, yes i know they will take 15 percent of the fees, but hey why should the likes of Branson the BA**a*d. Stuff me, and the eu laws by welshing on the law
Thanks john Virginairlinesarecrap