Flight delay and cancellation compensation, Virgin Atlantic ONLY

maxipeeps1

Mark2spark wrote: »

No of course it's not a valid reason and it's just part of the standard fob off games that they play.
The normal advice would be to NBA and then court, but as you've asked the question in the first place, - forgive my bluntness - but are you confident and knowledgeable enough to take this through to court on your own?
You would have *known* that the answer was rubbish if you had thoroughly read the FAQ's is what I mean.
Anyhow, you don't have enough time to engage a NWNF firm, so you either NBA today and go for it, or walk away.
You *must* file the court claim before end of working day, Friday 23rd August for the claim not to be out of time (IMO)

(26 Aug 2013 being a Bank Holiday)

Thank you for your advice Mark2spark i have sent the NBA yesterday special post so they should receive today i will file the court claim if not heard from them by 21 August as this is 14 days from my letter do you have any idea what the cost is to file a claim?

Vauban

pkripper11 wrote: »

Hi folks,

after a quick bit of advice myself - originally wrote a request via letter in dec '12 which was returned with a 'you need to follow our procedures' (despite it having all relevant info therein). Sent their form in in Jan 2013 in ref to a flight in 2009, got the confirmation of receipt then nothing.

wrote an NBA approx. 6 weeks ago, and no response, but a few days ago received a formal declination through EC letter citing damage to one of their aircraft, and with no spare aircraft having to re-arrange their fleet.

My understanding is that this does not qualify as EC, and hence will contest it (probably using the finnair case as reference), and issue another NBA letter (which I think I don't technically have to do, but will). I have seen a number of references to claiming interest at 8% pa, but presumably this only becomes applicable at the MCOL stage? If not, should this be included in the NBA letter, as on a compound rate it would significantly increase the claim?

Cheers,
PK

Why on earth would you write a second NBA letter, unless you like licking stamps? You've had your answer from the airline - so proceed to court, or drop the claim!

pkripper11

Vauban wrote: »

Why on earth would you write a second NBA letter, unless you like licking stamps? You've had your answer from the airline - so proceed to court, or drop the claim!

Main reason being I can't find the proof of posting!

maxipeeps1

Hi, hope someone can give a bit of advice i have sent an NBA letter to Virgin and i am looking at the MCOL site as i am expecting a letter back from Virgin upholding the Extraordinary Circumstance claim
MCOL website say its for an individual claim but I was going to claim for Myself my husband and my son aged 12 do i have to do 3 separate claims??

32Nirvana

maxipeeps1 wrote: »

Hi, hope someone can give a bit of advice i have sent an NBA letter to Virgin and i am looking at the MCOL site as i am expecting a letter back from Virgin upholding the Extraordinary Circumstance claim
MCOL website say its for an individual claim but I was going to claim for Myself my husband and my son aged 12 do i have to do 3 separate claims??

You can include all family members on the same claim form but you will have to download and print off and post the form rather than do it online. Online only allows 2 names to be entered.

Mark2spark

maxipeeps1 wrote: »

Thank you for your advice Mark2spark i have sent the NBA yesterday special post so they should receive today i will file the court claim if not heard from them by 21 August as this is 14 days from my letter do you have any idea what the cost is to file a claim?

It varies depending on the size of the claim, but it's all explained on the MCOL site which is linked in the FAQ's, which are a sticky, or on page 1 of each airline thread.

Daisysmom

Just a quick update .... weve been on hols for 2 weeks and I was hoping to come home to a nice cheque on the doormat but nothing!! So I logged onto my MCOL page and from today we have been transferred to Liverpool so Im presuming Virgin and I are going to court!! I still haven't had a call from mediation so maybe it can be sorted there, otherwise Bring on Virgin!!

flor2012

Just received what looks like a standard e mail from CAA to say that our flight falls into the criteria under 261/2004 and they are referring complaint back to airline to reassess under new guidance around extraordinary circumstances. Not sure what the new guidance is and doubt Virgin will change their mind so going ahead with court action, for 25 hour delay pilot sickness. Does anyone know what the new guidance is around extraordinary circumstances.

Gjmickeylove

Hi there,

My interpretation of the new definitions in the law, specifically the one related to '16 medical - where a passenger or crew member becomes seriously ill or dies on-board or during the flight' as an 'extraordinary circumstance', is that our flight falls outside the 'Extraordinary circumstances' criteria. It is also stated on the european commission website, that for the event to be defined as an 'Extraordinary Circumstance' the following general principle is that the event has to meet the three criteria;

• unpredictable
• unavoidable
• external

It is not unreasonable for the airline to keep a standby captain in the state of florida to avoid delay due to air crew sickness. I say this because VA fly to the state of Florida between 5 and 6 times daily in popular summer months, it is therefore reasonable for them to have robust contingency plans in place for any crew related problem which would cause a delay.

beach255_2

maxipeeps1 wrote: »

Hi, hope someone can give a bit of advice i have sent an NBA letter to Virgin and i am looking at the MCOL site as i am expecting a letter back from Virgin upholding the Extraordinary Circumstance claim
MCOL website say its for an individual claim but I was going to claim for Myself my husband and my son aged 12 do i have to do 3 separate claims??

I did one claim for the 4 of us and another separate claim for my parents. Had no problems doing it that way. VA paid out to both.

NB don't make the same stupid mistake I first made, the MCOL form has space for 2 names BUT ITS DEFENDANTS NAMES! YOU ARE THE CLAIMANT.:money: