Flight delay and cancellation compensation, Virgin Atlantic ONLY

worriedwoman_2

111KAB wrote: »

Standard response - tick YES to mediation. Serve means that you have to copy Virgin any relative correspondence. Final comment > sounds like a good case for you

If I tick yes to mediation doesn't that mean that they try to settle it without going to court? Do I h ave to be on a 3 way telephone conversation with Virgin and the mediators? If Virgin have been so adamant that they are defending this claim, will this be any help? I was under the impression I should tick NO. I don't want to come to some middle ground agreement with Virgin, I want them to pay the full 1200 euros I am claiming. I'm confused now!
And do I have to copy what I send back to the court and send it to Virgin aswell (just the form)?
thanks for your help!

111KAB

My mediation was a call to me for my account then end of call .... back to the airline ... back to me i.e. so not 3 way. Ticking mediation means you are willing to negotiate within reason plus shows the Judge you are not a bolshy person. Probably no help but at least shows you are a 'nice person'. Yes if you have been instructed to SERVE then you should send a copy of those documents you have been instructed to SERVE to Virgin as well.

Lawe

111KAB wrote: »

Lawe - sounds spot on to me but PM Centipede if you want to be 100% sure - enjoy the compensation :-)

Cheers for reading over, needed another set of eyes just to make sure!
Will be sending off tomorrow by recorded and go from there.

Lawe

Centipede100 wrote: »

I don't subscribe to the fact of the Finnair case being applicable to claims for cancellation or delay so I would substitute this with references to the way "extraordinary circumstances" are examined in Wallentin-Hermann.

Noted and with thanks.

[Edit -have altered original post with case section removed]

111KAB

Lawe wrote: »

Noted and with thanks.

[Edit -have altered original post with case section removed]

Told you Centipede was 'your man' !!

Lawe

111KAB wrote: »

Told you Centipede was 'your man' !!

Indeed you did! lol :beer:

Mark2spark

Perhaps due to the edit I'm not following this now, but the bit were you put:

"As such I would request that you send me copies of the EU ruling which you feel detail that the circumstances above are not technical and inherent in the normal exercise of the activity of an airline, and are therefore covered by extraordinary circumstance."

...simply isn't going to happen (by way of reply).
IMO simply ask for proof of EC's that are not technical issues.

iforem01

111KAB wrote: »

Standard response - tick YES to mediation. Serve means that you have to copy Virgin any relative correspondence. Final comment > sounds like a good case for you

Good Morning,
I was on flight VS006 from Miami to Heathrow on 12th April 2009, banks of tv screens and ovens were not working in economy at point of take off, suggesting an electrical fault. After a couple of hours smoke was smelt in the cabin and the pilot diverted the plane to Halifax Nova Scotia.
In my opinion they could have returned to Miami as soon as the tv and oven issue was spotted or could have diverted to any of the main airports on the Eastern Seaboard, during the flight.
Virgin state that they do no use the Halifax airport, did not have a spare plane and had to borrow parts from another airline, so we had an overnight stay.
At the time Virgin said we had to stay overnight due to flight restriction times on their staff, nothing to do with parts.

I'm now in the same situation as Worriedwoman, having received a Service of acknowledgment after submitting my MCOL, with Virgin intending to defend.

Would I stand a chance with my case against Virgin in court?

111KAB,
Did you have mediation and then Virgin settle or are you still awaiting a payout?

111KAB

iforem01 wrote: »

111KAB,
Did you have mediation and then Virgin settle or are you still awaiting a payout?

My 'mediation' was with Monarch but it failed anyway so off to Court where case adjourned for another hearing next month. I have to say my case (technical problem prior to my flight) sounds a lot less 'extraordinary' than yours.

Ladylean

worriedwoman wrote: »

If I tick yes to mediation doesn't that mean that they try to settle it without going to court? Do I h ave to be on a 3 way telephone conversation with Virgin and the mediators? If Virgin have been so adamant that they are defending this claim, will this be any help? I was under the impression I should tick NO. I don't want to come to some middle ground agreement with Virgin, I want them to pay the full 1200 euros I am claiming. I'm confused now!
And do I have to copy what I send back to the court and send it to Virgin aswell (just the form)?
thanks for your help!

See my reply to your message, but I agree you should say yes to mediation even though you still want the full amount (as I did). There won't be any mediation and hopefully you will be paid out about 3 weeks after your questionnaire is sent back....