Flight delay and cancellation compensation, Virgin Atlantic ONLY

romanby1

ruby28 wrote: »

I have today received Virgins defence from MCOL. They are still claiming technical delays from the privious day as extraordinary circumstances. They dont even have the correct information in their defence as they have the wrong flight!!

If that is the case it must give you confidence. Make sure you mention this to the mediator.
I have no experience of mediation but I read somewhere on this forum that each side puts their case to the mediator and states what they are going to settle for and they put that to the other side and then come back to you for a decision one way or the other.

Jamin987

We were delayed 3.5 hours in April 2011 from Gatwick to Orlando. I have put the claim in to Virgin and they have responded to say 'the flight was delayed due to an unexpected problem found shortly before boarding of passengers commenced on a previous flight. The aircraft was found to have engine vibrations and therefore before the flight could be operated safely, boroscope checks had to be completed by our engineers to make sure there was no damage inside the engine. This delay resulted in the late arrival of the inbound flight causing the delay to your service' They have stated that this is extraordinary circumstances, beyond their actual control and that all reasonable steps were taken.

Sounds like a cast iron claim, but not sure where to go from here. We had 10 in our party (including 4 children), if the answer is small claims court do we need 10 independent applications?

Any advice would much appreciated.

blondmark

Jamin987 wrote: »

We had 10 in our party (including 4 children), if the answer is small claims court do we need 10 independent applications?

No just one claim with ten claimants numbered like this

Claimants

(1) Jack Jamin
(2) Jill Jamin
(3) Jemima Jamin
(4) Jonathan Jamin

.... and so on

Jamin987

Thank you. Sounds like a good idea to send the NBA first, and some of you have referred to templates for these on the FAQ's. Where do I find those?

iforem01

kevstarkie wrote: »

Well I have today heard that the mediation is set for next week so slightly different to you. Not sure if I need a full defence for mediation as like others have said surely Virgin will offer to pay costs and I will waive interest. Would of hoped Virgin settled by now for you and me. Others are saying they received settlement way before they got to the stage we are at. What's up with us?

I'm in the same boat as you and worriedwoman.
I have a hearing date for 11th Sept in my local court, but as yet do not have a date for mediation.
My hearing fee is due 24th July, so I guess I'm going to have to pay that now....was hoping for a cheque on my doormat by now. I can only assume Virgin are going to defend if you get to mediation without a payout.
Has anyone on here got to court with Virgin yet?
I'm getting a bit nervous.

111KAB

iforem01 wrote: »

I'm getting a bit nervous.

All I can say (without knowing your 'case') don't get nervous - this is exactly the response the airlines are hoping (and possibly reading about) for and the main reason they defend i.e. they hope with their strength they get you to submit before you present your undeniable evidence. Stick in there - do your research - enjoy your next (free) holiday

ruby28

Does anyone know off the top of their heads which judgement/regulations relate to extraordinary circumstances on a "particular flight on a particular day" I am sure i have read this somewhere

many thanks

Please ignore, just found it

ruby28

i am just about to submit my allocation questionnaire. The £40 fee that needs to be sent off, does that apply to the total amount i am claiming including the £70 court fee as the amount i am claiming is under £1500 excluding court fee so that would make it non payable.

David_e

Laugh or cry?!

I sent my NBA earlier this week having had no response to my previous letter. Today I received an envelope with no name on, just my address. Inside was my NBA letter (!) and copies of their "EU Compensation Application form". No letter, no compliment slip, nothing else.

The "EU Compensation Application form" helpfully says that within 14 business days (ie effectively 3 calendar weeks) they will send an acknowledgement. A "full response" [and "if appropriate" a cheque!!!] will take "a further 6-10 weeks".

Since, as I pointed out in both letters, I am fast approaching the 6 year time limit for legal action (which they would presumably have no qualms about seeking to rely on), 14 business days plus 6-10 weeks doesn't really help me!

I was amused to see that under the "Optional Information", there is a question "What was the reason for the cancellation or delay?". You might have thought they would know!

On a serious note, I was claiming on behalf of my party. I have given passenger names and flight details. We have all requested and received confirmations that we were on the flight, in the absence of ticket stubs, etc.. Given the information I have already provided and given their position re delays in dealing with their forms if I did fill them in, I intend to simply proceed as per my NBA (which one assumes they kept a copy of) and issue proceedings when the time I gave expires.

Any thoughts?

David_e

Centipede100 wrote: »

Start legal proceedings in the timescale you set the airline, they seem keen to delay you for some strange reason...!

Indeed! To be honest, it certainly doesn't put me off.

The fact that they couldn't even be bothered to write my name on the envelope just makes the marketing hype seem rather hollow:

What is Rockstar Service?

We will make you feel like an A-Lister. From the second you book your dream Virgin holiday, to the moment you arrive back home, we go that extra mile to make sure everything is exactly how you want it. After all, feeling like a rock star shouldn't just happen when you've got your shades on.