Flight delay and cancellation compensation, Virgin Atlantic ONLY

Psaila

Vauban wrote: »

Strictly speaking you should not do this, but in the final analysis it is up to the discretion of the judge. If you are a couple with kids, I think MCOL is fine. But you can do the paper version if you want to be super-sure.

It is myself, my wife and 3 children i wish to claim for. I have read through the guide pages on MCOL but i couldn't find anything stating the rules on this type of claim. I will go for the paper version if you think that is the correct way.
Thank you for your help

Clive_79

Hi

I was on a flight to Las Vegas with my wife on 27th Aug 2012 (our honeymoon) that was delayed for 23 hours, which a few people have mentioned on this thread and have been successful in claiming full compensation. I originally had my claim rejected but contacted them by email and then by phone this week to follow this up in light of other passengers being successful.

Virgin informed me they had lost a court case on this flight but it was only because they didn't have the relevant evidence available to them from their engineers to prove the damage had occurred on landing in Gatwick. I'm not sure how this would impact the case anyhow as the main reason for the delay was they didn't have enough staff so had to send them all home and wait until the next day. I am really fed up now as Virgin have been nothing but unhelpful, extremely defensive and in a way bullying in trying to squirm out of accepting any responsibility.

I have completed the MCOL form although haven't submitted it as of yet as I am slightly apprehensive. Would people advise me to proceed to submit this now or should I try something else? Any help or advice would be much appreciated, thanks.

Vauban

Clive_79 wrote: »

I have completed the MCOL form although haven't submitted it as of yet as I am slightly apprehensive. Would people advise me to proceed to submit this now or should I try something else? Any help or advice would be much appreciated, thanks.

If there were an alternative that worked, I would be doing it myself. But - as I think you know - it is only by starting legal action that Virgin (and other airlines) take your claim seriously. Otherwise, everything else you do, including writing to the CAA, is just displacement activity.

If you are apprehensive of taking legal action, hand the case over to a NWNF firm for about 30% of your claim.

worriedwoman_2

Clive_79 wrote: »

Hi

I was on a flight to Las Vegas with my wife on 27th Aug 2012 (our honeymoon) that was delayed for 23 hours, which a few people have mentioned on this thread and have been successful in claiming full compensation. I originally had my claim rejected but contacted them by email and then by phone this week to follow this up in light of other passengers being successful.

Virgin informed me they had lost a court case on this flight but it was only because they didn't have the relevant evidence available to them from their engineers to prove the damage had occurred on landing in Gatwick. I'm not sure how this would impact the case anyhow as the main reason for the delay was they didn't have enough staff so had to send them all home and wait until the next day. I am really fed up now as Virgin have been nothing but unhelpful, extremely defensive and in a way bullying in trying to squirm out of accepting any responsibility.

I have completed the MCOL form although haven't submitted it as of yet as I am slightly apprehensive. Would people advise me to proceed to submit this now or should I try something else? Any help or advice would be much appreciated, thanks.

As you know, I was one of the passengers on your flight who Virgin paid in full. If I were you I would carry on with your case. I wrote to Virgin after hearing how another passenger on my flight won against Virgin in court (even though he didn't turn up and the hearing went ahead without him).
My court hearing was scheduled for 27th September. If Virgin now have the evidence they needed and think that they will win this case why did they pay me my compensation when I wrote to them and not tell me what they told you, and come to court with their so called evidence on 27th September? It is still over a month away!

beach255_2

Psaila wrote: »

It is myself, my wife and 3 children i wish to claim for. I have read through the guide pages on MCOL but i couldn't find anything stating the rules on this type of claim. I will go for the paper version if you think that is the correct way.
Thank you for your help

We used online version for family of 4, I would recommend this as paper version can take longer and you have to submit papers yourself involving more cost even though you pay a court fee

Clive_79

Thanks all. I will press on with the process, hopefully everything works out!

flor2012

Just about to finally complete my MCOL. Just a bit worried my case isn't strong enough as reading through the forum all the payments have been made in respect of pilot sickness in flights leaving the UK. My flight was delayed as the pilot took ill (not seriously) in Orlando. Virgin are stating it was extraordinary as he took ill a few hours before the flight and as it was in Orlando they could not have a standby crew in place. They claim the delay was unpredictable, unavoidable and external therefore have refused compensation. Do you think I have a strong enough case for court?

Vauban

flor2012 wrote: »

Just about to finally complete my MCOL. Just a bit worried my case isn't strong enough as reading through the forum all the payments have been made in respect of pilot sickness in flights leaving the UK. My flight was delayed as the pilot took ill (not seriously) in Orlando. Virgin are stating it was extraordinary as he took ill a few hours before the flight and as it was in Orlando they could not have a standby crew in place. They claim the delay was unpredictable, unavoidable and external therefore have refused compensation. Do you think I have a strong enough case for court?

Is the risk of pilots falling ill inherent in the business of running an airline? If you think it is, you have a case, as it would not be classed as an extraordinary circumstance (according to the Wallentin test).

gazzer82

Just wanted to post a quick update to say i have just got back from the V Festival, opened my post, and found a cheque for £793.94 from Virgin Atlantic, this was two weeks after filing my MCOL.

Obviously in the letter they are stating that this is not them accepting liability, but that's fine with me, so once the cheque clears i can cancel the action

Thanks all on here for the help, hopefully this will encourage some people to power through and not be afraid to file a claim if you feel it's legitimate!

What a good weekend

Cheers

Gareth

Vauban

gazzer82 wrote: »

Just wanted to post a quick update to say i have just got back from the V Festival, opened my post, and found a cheque for £793.94 from Virgin Atlantic, this was two weeks after filing my MCOL.

Obviously in the letter they are stating that this is not them accepting liability, but that's fine with me, so once the cheque clears i can cancel the action

Thanks all on here for the help, hopefully this will encourage some people to power through and not be afraid to file a claim if you feel it's legitimate!

What a good weekend

Cheers

Gareth

Well done - do post in the "Court Success" thread too!