Flight delay and cancellation compensation, Virgin Atlantic ONLY

111KAB

blue500 wrote: »

.... or are they just hoping I give up if anyone can help I would be very gratefull Mike

Post on correct thread (Thomson) and read FAQ's on page one of that thread. If you proceed in accordance with advise on that thread you stand a VERY good chance of receiving your due compensation.

hmtowns

hmtowns wrote: »

Seems as though Jolapy and I were on the same flight. I am a little further back in the claims process having just received my denial letter.

I am looking to send a letter before action and wondered whether the following should be included?


We are sure you are aware that under Article 5(3) of Regulation No 261/2004 a technical problem in anaircraft which leads to the cancellation or delay of a flight is not covered bythe concept of ‘extraordinary circumstances’ within the meaning of thatprovision. This therefore means that you cannot claim that the cracked windowand the delay caused by its replacement, were extraordinary circumstances asyou have alleged.



In additionwe would also point out that in the case of Finnair Oyj v Timy Lassooy CaseC-22/11, at point 37, it clearly states that;
" In addition, it is apparent from recital 15 in the preamble toRegulation No 261/2004 that ‘extraordinary circumstances’ may relateonly to ‘a particular aircraft on a particular day’, which cannot applyto a passenger denied boarding because of the rescheduling of flights as aresult of extraordinary circumstances affecting an earlier flight". Thistherefore means that if the circumstances of the cracked window were consideredas being extra-ordinary circumstances, that does not entitle the same to beclaimed for the effects that it had on our flight.

I appreciate any help that you can give.

SO Sorry. Just noticed that my departure date on their letter was the 20th May. I genuinely thought that it was on the 25th. Interesting though that we were both told about the cracked windscreen.

Letter before action has been sent and I am 7 days into the 14 days. Will update in due course.

Bricks1

Hi,

I'm looking at sending off the NBA letter for a claim from September 2007 and am not sure the address to send to. Some on here have said to send it to the registered office/company secretariat and some to the regular EU Claim application address. Which one of these is correct?

And is this then the same address used for when you begin court proceedings?

Apologies if this is posted somewhere, but I have looked through and can see no clear answer. Thanks!

MustStopSpending

Had the usual rejection letter from VA, it seems that the first plane was faulty, as was the replacement and as was the second replacement, three dodgy planes resulted in a full 24 delay.

Gjmickeylove

Natony46 wrote: »

Thanks for the reply. I was also wondering what the thought may be if all the remaining passengers from my flight who are seeking advice, were to club together so to speak and forward a joint claim against VA? I am happy to assist in anyway possible just as I am happy to proceed with my own claim if that's my only option. Again any advice would be appreciated. Thank you.

I do think it may be a good idea for passengers to club together and think about how we take our matter forward. As useful as this forum is (I actually genuinely mean this) I think it is important that any thoughts and ideas that we share and decide on, need to be done out of a public forum! I say this because it is important that we do not leave ourselves in a position where Virgin Atlantic can view our information shared, and further it is also important not to jeopardise any action that we take either collectively or individually. I feel it is important to act in a proper manner, which in my opinion will leave us in a position which vastly differs from that of the airline in question.

111KAB

Gjmickeylove wrote: »

I do think it may be a good idea for passengers to club together and think about how we take our matter forward. As useful as this forum is (I actually genuinely mean this) I think it is important that any thoughts and ideas that we share and decide on, need to be done out of a public forum! I say this because it is important that we do not leave ourselves in a position where Virgin Atlantic can view our information shared, and further it is also important not to jeopardise any action that we take either collectively or individually. I feel it is important to act in a proper manner, which in my opinion will leave us in a position which vastly differs from that of the airline in question.

Cannot see how you are going to join forces to tackle the legal aspects perhaps you could advise. There is a PM facility on this web site which has served many extremely well when seeking advise from 'others' particularly when collating court statement.

Gjmickeylove

111KAB wrote: »

Cannot see how you are going to join forces to tackle the legal aspects perhaps you could advise. There is a PM facility on this web site which has served many extremely well when seeking advise from 'others' particularly when collating court statement.

Hi, I am simply thinking as others have, that we might be able to join forces with reference to our response to Virgin Atlantic and the poor treatment we have received. It is clear that Virgin Atlantic is going to happily attend court to fight its case, I say this because there are so many people unhappy with the treatment and responses that have been received with reference to VS0074.

I am not sure where we stand legally as fighting the case collectively, and maybe that it is not the right thing to do?? However, I have already taken expert legal advice and I am confident in the advice I have received.

I think it is important in circumstances like these, for those who are affected, to be able to share their experiences. Who knows, they may have received information that I have not, which puts more holes in virgin's version of what happened in Florida. I know for a fact that staff in Orlando gave three different versions of events, in terms of the pilots illness and the time frame in which it presented.

I think it is important to have an open mind and explore each option before we jump directly into court proceedings, this does however not mean that I won't, I am just considering all my options.

Thank you for the advice around private messages, I never knew there was a facility for that.

Cheers

111KAB

Gjmickeylove wrote: »

I am not sure where we stand legally as fighting the case collectively, and maybe that it is not the right thing to do?? However, I have already taken expert legal advice and I am confident in the advice I have received.

I, and indeed many others on this forum, would be interested if you could pass on (either by PM or in the open forum) how your 'expert legal advise' contemplates how a joint action can be bought against Virgin (or indeed any other airline) in respect of a delay claim ... in the UK Courts.

Gjmickeylove

111KAB wrote: »

I, and indeed many others on this forum, would be interested if you could pass on (either by PM or in the open forum) how your 'expert legal advise' contemplates how a joint action can be bought against Virgin (or indeed any other airline) in respect of a delay claim ... in the UK Courts.

The expert legal advice is from a solicitor I have spoken with about my claim. The solicitor I have spoken to has not suggested that we work collectively and has offered no advice around this matter. I think it would be inappropriate for me to also post any conversations I had with them on an online forum, I am sure you will understand my reasons for this.

Were you a passenger on VS0074?

As I said before, it would be interesting for passengers to share information about their experience, which may highlight further inconsistencies'.

I am also of the opinion that airlines may be monitoring this site and therefore I would not want to make my intensions public knowledge

556brighton

Hi Can you help? , I have app;ied for a refund to Virgin Atlantic, they have come back asking for details I have already given them,
Flight Number:
Flight Date:
Flight Route Names as per passport:

They are also asking for Booking Reference: I am unable to supply this as the flight was back in January 2008. Do you know if they can refuse to pay if I don;t have the booking reference