Flight delay and cancellation compensation, Virgin Atlantic ONLY

Daisysmom

Just a quick update ... Ive posted our forms back to the court agreeing to mediation and a £40 fee ... also sent a copy to Virgin .... so am now waiting for some response about mediation ..... what should I expect about mediation?? Is it literally a 3 way phone call ... me, Virgin and the mediator arguing our case??? is the Virgin representative likely to be a solicitor or have legal background??? Sorry for all the questions, I just don't have any idea what will happen .... many thanks for any help xxxx

Vauban

Daisysmom wrote: »

Just a quick update ... Ive posted our forms back to the court agreeing to mediation and a £40 fee ... also sent a copy to Virgin .... so am now waiting for some response about mediation ..... what should I expect about mediation?? Is it literally a 3 way phone call ... me, Virgin and the mediator arguing our case??? is the Virgin representative likely to be a solicitor or have legal background??? Sorry for all the questions, I just don't have any idea what will happen .... many thanks for any help xxxx

I don't believe so. It's just you and the mediator, who makes a separate call to the airline. It's not likely to result in anything meaningful. You might be prepared to waive interest payments. The airline might offer to pay your court fees if you drop the case. That's how most of the others have gone. But certainly nothing to worry about.

romanby1

darrylt wrote: »

Hi

Yes I did give them 14 days notice but think I will send another to the company secretary giving them 7 days as you suggest.

I'll do it for both claims as time is of the essence now.

Thanks,

Darryl.

I suggest you address all correspondence to The Legal Department wich I think is at a Gatwick address.

studentgti

I think I've earned my place in the court success thread as today Virgin have sent me a cheque for £565.74! They had about a week left before the 28 days were up to file a defence. The letter was the standard 'we don't feel we're liable...but' one that some others seem to have got.

So a big thanks to everyone that has posted advice on this thread, it really was invaluable.

A quick timeline as it may help others:

- VS3046 - 2/4/13 - Manchester to London (the route was only two days old) was cancelled due to a hydraulic leak on the braking system. Due to this cancellation, and the rebooking on to the later Manchester to London service, I was rebooked from my VS19 flight to San Francisco on to the VS24 service to LAX with an additional connection to SFO, resulting in me arriving at my final destination over 7 hours later than ticketed.

- I posted my EU claim as per their form on my return (approx 12th April).

- Received confirmation of receipt: 23/4/13

- Received declined claim notice: 12/5/13

- Posted NBA: 13/5/13

- NBA refused by Virgin approx. 2 weeks later (was away at the time)

- MCOL issued 17/6/13, acknowledgement of service from Virgin 20/6/13

- Cheque received for full claim 13/7/13

darrylt

studentgti wrote: »

I think I've earned my place in the court success thread as today Virgin have sent me a cheque for £565.74! They had about a week left before the 28 days were up to file a defence. The letter was the standard 'we don't feel we're liable...but' one that some others seem to have got.

So a big thanks to everyone that has posted advice on this thread, it really was invaluable.

A quick timeline as it may help others:

- VS3046 - 2/4/13 - Manchester to London (the route was only two days old) was cancelled due to a hydraulic leak on the braking system. Due to this cancellation, and the rebooking on to the later Manchester to London service, I was rebooked from my VS19 flight to San Francisco on to the VS24 service to LAX with an additional connection to SFO, resulting in me arriving at my final destination over 7 hours later than ticketed.

- I posted my EU claim as per their form on my return (approx 12th April).

- Received confirmation of receipt: 23/4/13

- Received declined claim notice: 12/5/13

- Posted NBA: 13/5/13

- NBA refused by Virgin approx. 2 weeks later (was away at the time)

- MCOL issued 17/6/13, acknowledgement of service from Virgin 20/6/13

- Cheque received for full claim 13/7/13

Hi

At the NBA stage and just sent final letter giving 7 days. May I ask what you put in the MCOL please? I expect this will be my next step going by previous claims so looking for any tips.

Thanks.

Vauban

darrylt wrote: »

Hi

At the NBA stage and just sent final letter giving 7 days. May I ask what you put in the MCOL please? I expect this will be my next step going by previous claims so looking for any tips.

Thanks.

Have a look at the thread "Taking the airlines to Court". I have an update, so will bump it up anyway.

studentgti

darrylt wrote: »

Hi

At the NBA stage and just sent final letter giving 7 days. May I ask what you put in the MCOL please? I expect this will be my next step going by previous claims so looking for any tips.

Thanks.

I've put what I entered below (mostly based on an example taken from here). In hindsight I would have added something about them refusing to pay out, but there's only limited room in the box!

"I am seeking compensation under EC Regulation
261/2004 for a delayed flight. My scheduled
flight length was more than 3500km, therefore
€600 is being claimed.

Flight number: VS3046 Date: 2nd April 2013
Booking Ref: FWT8CH
Amount claimed: £505.74 (600 euros at 2/4/13
exchange rate)
Route: Manchester-London-San Francisco

My MAN-LHR flight was cancelled due to “a
hydraulic leak found on the braking system
which required repairing”. As a result of
this cancellation I was rebooked on to a
later Manchester to London flight. However,
due to the cancellation I was too late for my
VS19 flight from London direct to San
Francisco. Consequently I was rebooked onto
the VS24 flight to LAX with an additional
connection to SFO. This resulted in me
arriving at my final destination over 7 hours
later than ticketed."

ruby28

Virgin have filed a defence to my claim. The 'extraordinary circumstance' was our flight being delayed due to issues with the flight (or two flights) previous to ours. Is filing a defence standard procedure or do Virgin think they are right in declining our claim for these reasons?

gazzer82

I am just wording my notice of legal action letter to Virgin as they have still not replied to me with a decision after 5 months, however i can't find the correct address!

Can someone post it up for me?

Thanks

Gareth

romanby1

ruby28 wrote: »

Virgin have filed a defence to my claim. The 'extraordinary circumstance' was our flight being delayed due to issues with the flight (or two flights) previous to ours. Is filing a defence standard procedure or do Virgin think they are right in declining our claim for these reasons?

The airlines will use any excuse they think they can get away with in an attempt to make you go away.
If you have a genuine claim go ahead with anNBA letter.
A problem with a previous flight is not an EC, so go ahead.
Read as much as you can on the other posts on this site.