Flight delay and cancellation compensation, Virgin Atlantic ONLY

Mark2spark

Debsyh, have a search through Vauban's posts, he has put up wording for denying a technical issue is an EC (in courtspeak )

studentgti

Hi

Just thought I'd update everyone with my own claim:

I sent an NBA which received a response reiterating their refusal to pay compensation, so I started a claim via MCOL which was issued 17/6/13. Virgin have, yesterday, issued an acknowledgement of service so we will have to see what they file as a defence...

I'll keep the thread updated with any progress.

Lovehols_2

Lovehols wrote: »

The excuse extraordinary circumstances. No 2 flap drive unit failed shortly prior to departure. After extensive investigation a new part was required which had to be flown in as not stocked locally. The cost of resources and equipment required to elimate this event would have been unreasonable. It would be intolerable sacrifice to store and maintain every part for different aircraft so no compensation. I have sent NBA letter today any one out there have any ideas if this is extraordinary circumstances?

I sent a further letter to virgin giving them 14 to reply with no luck I have asked airline recovery to act on my behalf. Today when I got home I had a letter from virgin thanking me for my letter but they advised me extraordinary circumstances do not relate solely to external events. Technical faults are not excluded from this ruling providing they are not inherent.

The defect on this flight was not intrinsic to normal maintenance process.

And they said that if I want to take matters further its up to me they are still refusing compensation!
Hope airline recovery can move them

32Nirvana

Morning, I have trying with no success to claim for the flight delay first mentioned in #29. Other than 1 email copied in #29 I have had no communication from VA. No claim/reference number was issued as clearly stated on their website so I issued an NBA by post and email over a month ago and still received no response so am now prepared to take them to the small claims court for myself and 5 other family members. Form is ready to submit but I am a little concerned about the info in the free text box in that I may not have included all the pertinent info. Below is the extract, can anyone advise if I am missing anything that should be included:
I am claiming for flight VS075 on 23rd June
2012 from Manchester (England) to Orlando
International (MCO) which had a scheduled
departure time of 11:00. Arrival day/time
should have been 23rd June 2012 15:25 but
this flight arrived at MCO at 18:30 making
the delay time 3 hours and 5 minutes. The
reason for this delay (communicated by email
on 15/02/13) was an external fault to the
Flight Planning system. As a result, your
operational team had to implement a manual
plan for aircraft movements worldwide.In lay
terms I understand this to be that your IT
system suffered a glitch and you had to
revert to manual planning which is totally
within the control of the airline and is not
considered extraordinary circumstances.I am
claiming for myself and 5 other passengers.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 23/06/2012 to 27/06/2013 on
£1,524.00 and also interest at the same rate
up to the date of judgment or earlier payment
at a daily rate of £0.33.

romanby1

32Nirvana wrote: »

Morning, I have trying with no success to claim for the flight delay first mentioned in #29. Other than 1 email copied in #29 I have had no communication from VA. No claim/reference number was issued as clearly stated on their website so I issued an NBA by post and email over a month ago and still received no response so am now prepared to take them to the small claims court for myself and 5 other family members. Form is ready to submit but I am a little concerned about the info in the free text box in that I may not have included all the pertinent info. Below is the extract, can anyone advise if I am missing anything that should be included:
I am claiming for flight VS075 on 23rd June
2012 from Manchester (England) to Orlando
International (MCO) which had a scheduled
departure time of 11:00. Arrival day/time
should have been 23rd June 2012 15:25 but
this flight arrived at MCO at 18:30 making
the delay time 3 hours and 5 minutes. The
reason for this delay (communicated by email
on 15/02/13) was an external fault to the
Flight Planning system. As a result, your
operational team had to implement a manual
plan for aircraft movements worldwide.In lay
terms I understand this to be that your IT
system suffered a glitch and you had to
revert to manual planning which is totally
within the control of the airline and is not
considered extraordinary circumstances.I am
claiming for myself and 5 other passengers.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 23/06/2012 to 27/06/2013 on
£1,524.00 and also interest at the same rate
up to the date of judgment or earlier payment
at a daily rate of £0.33.

Have you got proof of the time of arrival (Flightstats etc.)
You may have problems as the difference is only 5 mins. I am not sure where arrival time is calculated,when the plane wheels touch the runway or at the time the plane reaches the stand.
Someone more knowledgeable may have the answer.

32Nirvana

romanby1 wrote: »

Have you got proof of the time of arrival (Flightstats etc.)
You may have problems as the difference is only 5 mins. I am not sure where arrival time is calculated,when the plane wheels touch the runway or at the time the plane reaches the stand.
Someone more knowledgeable may have the answer.

Thanks for the reply, yes I checked with Flightstats back when I started the claim back in January. I am pretty sure as long as the delay is greater than 3 hours I have a valid claim. The fact VA are citing extraordinary circumstances makes me think that they think the delay time is a valid one.

Mark2spark

32Nirvana wrote: »

Morning, I have trying with no success to claim for the flight delay first mentioned in #29. Other than 1 email copied in #29 I have had no communication from VA. No claim/reference number was issued as clearly stated on their website so I issued an NBA by post and email over a month ago and still received no response so am now prepared to take them to the small claims court for myself and 5 other family members. Form is ready to submit but I am a little concerned about the info in the free text box in that I may not have included all the pertinent info. Below is the extract, can anyone advise if I am missing anything that should be included:
I am claiming for flight VS075 on 23rd June
2012 from Manchester (England) to Orlando
International (MCO) which had a scheduled
departure time of 11:00. Arrival day/time
should have been 23rd June 2012 15:25 but
this flight arrived at MCO at 18:30 making
the delay time 3 hours and 5 minutes. The
reason for this delay (communicated by email
on 15/02/13) was an external fault to the
Flight Planning system. As a result, your
operational team had to implement a manual
plan for aircraft movements worldwide.In lay
terms I understand this to be that your IT
system suffered a glitch and you had to
revert to manual planning which is totally
within the control of the airline and is not
considered extraordinary circumstances.I am
claiming for myself and 5 other passengers.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 23/06/2012 to 27/06/2013 on
£1,524.00 and also interest at the same rate
up to the date of judgment or earlier payment
at a daily rate of £0.33.

IMO cut out the middle bit for now. You get a chance to submit your counter attack against them later.
For now you just say that you are claiming under EU/261 as they have failed to provide a valid reason for denying the claim.
Include the bit about the interest though. and all passengers.

Doodledog_2

Hi wondered if anyone can help

In 2009 I was delayed 24 hrs by VA flying to Manchester. I claimed compensation back in Oct 12 from VA who took 3 month to tell me it was extraordinary circumstances (technical fault)
I have complained to the CAA who have just contacted me after 5 months to tell me they will investigate but this will take months not weeks.
Do they have much success in helping claims? Or should I stop wasting my time & go direct for a small claims in local CC?

stavros42

Doodledog wrote: »

Hi wondered if anyone can help

In 2009 I was delayed 24 hrs by VA flying to Manchester. I claimed compensation back in Oct 12 from VA who took 3 month to tell me it was extraordinary circumstances (technical fault)
I have complained to the CAA who have just contacted me after 5 months to tell me they will investigate but this will take months not weeks.
Do they have much success in helping claims? Or should I stop wasting my time & go direct for a small claims in local CC?

Stop wasting your time

Psaila

Hi all just arrived home after a 27hr delay on a family holiday from Orlando international to London gatwick. Apparently there were technical problems so the plane was not at Orlando to take us home. They did put us up in a hotel for the night but we then had to spend 6hrs the next day in the airport. There was 6 adults 3 children and 1 infant in our party. It wasn't a nice experience. Do you think we would have a successful claim?
Many thanks darren