Flight delay and cancellation compensation, Virgin Atlantic ONLY

MustStopSpending

Just wondering if there is a site to find out why my flight was delayed or do I have to take Virgins word for it? It was 2007 and I cannot remember for sure what the 24 hour delay was for.

Thanks

MustStopSpending

Centipede100 wrote: »

If your flight was any earlier than 27 June 2007 then you are out of time to start a legal claim. Even if it was slightly later than this date you are approaching the time when you will not only have had to send the airline a Notice before Action letter but actually to have issued a MCOL claim.

You have to go by what the airline states if it makes any difference.

Sorry, my mistake it was Feb 2008. Thanks for your reply

Mehmet99

Centipede100 wrote: »

You should use form N1 (downloadable version) and then take this to your local County Court to pay the fee and have this issued as you have multiple claimants who will need to be named on the claim.

The MCOL version doesn't have the space for you to do this.

Does this apply for all claims when there is more an one person? I am claiming for myself, my wife and child. Can I not do this online in one application?

twinslog

So, having not heard anything at all from Virgin other than an acknowledgement in over five months, I lodged a claim with MCOL. That was the 13th June. Miraculously, three days later I had a response from Virgin, dated 14 June.

It was a rejection of my claim stating: "In your particular case, the aircraft scheduled to operate this flight encountered an unusual technical problem, which had to be fixed before the aircraft could be operated safely. Elevator servo bolts and bushes were required to fix the problem and although these were sourced, the repairs couldn't be made without incurring a delay to the flight.

"...Due to the fact the fault could not have been reasonably forseen or prevented, this represents an extraordinary circumstance."

I am still pursuing the claim and have now had notification Virgin intends to defend the whole claim. I don't actually have any idea what elevator servo bolts are. Can anyone shed any light on what these parts are and if you still think I am right to pursue the claim?

This was for flight VS601, 15/11/2007, London HRW to Johannesburg, 16 1/2 hours late.

Many thanks for your help again!

romanby1

twinslog wrote: »

I am still pursuing the claim and have now had notification Virgin intends to defend the whole claim. I don't actually have any idea what elevator servo bolts are. Can anyone shed any light on what these parts are and if you still think I am right to pursue the claim?

This was for flight VS601, 15/11/2007, London HRW to Johannesburg, 16 1/2 hours late.

Many thanks for your help again!

It does not matter what they are,if they were faulty it is not an EC.

ruby28

I issued a claim via MCOL 10 days ago and today i have received a letter from Virgin claiming extraordinary circumstances:

In your particular case the aircraft scheduled to operate your service had to return to LGW after take off on a previous service due to low pressure warning which had to be investigated and repaired.

Failure or warning of equipment failure after push back are deemed as extraordinary and are expempt from compensation.

Shall i continue with my claim? I am assuming its still valid as issues with previous flights are not considered extraordinary. What do i do next? Shall i contact Virgin and tell them my claim is now with the courts? (i assume they would know this already)

Thanks

ETA: We were departing from LGW so the previous flight was delayed from Barbados not LGW as they state (i seem to recall being told at the time we were delayed due to the inbound flight) or i wonder if it could have been two flights prior to ours?

Debsyh

So have today had a call from the mediation people setting up mediation for next week. Do we know if anyone else has gone through mediation? I've had a look on previous posts and can't see any. I've seen where its been offered but not that it's actually taken place.

Gjmickeylove

We were also delayed on the VS74 on the 7th of June (Orlando to Manchester).

I have made a claim under the EC no 261/2004 compensation regulation and received my letter back explaining it will take 6 to 12 weeks to make a decision. Due to the issues you can read below, I have been in contact with customer relations, and due to very poor treatment from some customer relations and online staff at VA I spoke to the deputy head of customer services for VA. he has advised me that virgin Atlantic do not intend to compensate us for the 25 hour delay, and that they intend to use 'extraordinary circumstances' as a get out for the pilots 'viral' illness. (Please Note: I spoke to the cabin manager onboard VS74 who advised that the pilot was on oral antibiotics in his hotel and that he did not require hospitalisation to treat his virus). I have advised VA that a viral illness is by no means 'extraordinary' and that we all suffer from them during our lifetime. I have also advised VA that a viral illness does not present 1 hour before it needs treatment, and that the pilot clearly did not realise that his probable symptoms were a virus (which is highly unlikely) or indeed, that the airline have concocted some nonsense to try to get out of the claims. VA have further advised that it was an 'extraordinary circumstance' because they have no hubs in the USA, and therefore found it difficult to source a pilot. Whilst in contact to them I advised them that I could see that there was on excess of 12 flights bound for the USA and further that 4 of them bound for Orlando. I explained that them being able to source the pilot in Las Vegas as been something that was not extraordinary and further that they were unable to use the 'extraordinary circumstance' to get out of compensation.

Anyhow, VA are expediting my claim so that I can contact the CAA and small claims court, and sounded really confident that they would back up their claim. I am not too sure what I need to do now, I have sent another letter explaining that I urge them not to use pilot sickness as extraordinary to deny my claim, but I am not confident this will make any difference. I would really appreciate some advice for my next move???

It is my opinion that everyone who was onboard VS74 need to stick together in this instance to ensure that VA do not get away with trying to fob us off!

Just a bit of further info on how we suffered on board;

I have had such a terrible time with Virgin Atlantic, when we returned to Manchester after the 25 hour delay we realised that VA had damaged £400.00 worth of Luggage. What further annoyed me is that VA decided that they were only going to supply the 'amenities kits' to upper class and premium economy cabins on the VS74 and that they would not supply economy passengers with them. When I asked why they said that they did not have enough to go round. In my opinion VA are more interested in the higher fair paying customers, however, I doubt they will also get the €600.00 which they are owed very easily.

twinslog

Thought you might like to know we received a cheque £1090 this morning, great start to the weekend!

The accompanying letter is amusing- no liability admitted and "I'm sorry you felt upset enough about this to bring a legal claim.

"As you know we feel we aren't liable for your claim. Having said this, we see no value in disputes of this nature with our passengers and would therefore like to settle it for you."

Thank you for all the advice on this forum, it has been very helpful.

For anyone else, keep going, it is well worth it.

This was for flight VS601, 15/11/07 from London to Johannesburg, 16.5 hours late.

romanby1

twinslog wrote: »

Thought you might like to know we received a cheque £1090 this morning, great start to the weekend!

The accompanying letter is amusing- no liability admitted and "I'm sorry you felt upset enough about this to bring a legal claim.

"As you know we feel we aren't liable for your claim. Having said this, we see no value in disputes of this nature with our passengers and would therefore like to settle it for you."

Thank you for all the advice on this forum, it has been very helpful.

For anyone else, keep going, it is well worth it.

This was for flight VS601, 15/11/07 from London to Johannesburg, 16.5 hours late.

Their response is legal speak for we know we are liable but we are not going to admit it and cannot defend the indefensible go away and keep it quiet your complaint has ruined our reputation.