Flight delay and cancellation compensation, Virgin Atlantic ONLY

indie24

I sent my EU Claim to Virgin on 8th August and have not received a reply. How long did you guys wait for any correspondence?

Daisysmom

As you already know ... my case has been transferred to Liverpool County Court but we skipped the mediation part due to an unknown reason (MCOL call centre guy didn't know why??) so today I got a letter from Liverpool County Court saying the judge considers that this case is suitable for mediation under the courts FREE small claims mediation service .......

Also giving me my hearing date and time in November and to pay £165 before 30th September etc etc ..........

So Ive contacted the mediation people and they said "I must have slipped through the net and they are starting to get people to mediation before allocating their cases to their local courts but I slipped through the net" ... so here we are back to mediation and she is going to send Virgin a letter asking them if they want to go down the mediation route or not so Ive got to wait and see if they care to join me in mediating our case and hopefully getting it sorted out before we reach court saving themselves a lot of time and money!!!

Will keep u posted x

cadmus

cadmus wrote: »

we had the usual declined claim reply due to EC .... my explanation was - accidental damage to of one of the engine blades during a previous service .... do i have a good cause and take this further with the NBA and then the MCOL

could someone please advise me if virgins excuse above is NOT "EC" and i should therefore get the ball rolling and send off my NBA .

flor2012

Well done to everyone has been paid compensation for the Orlando to Gatwick Pilot sickness flight. Really don't get how they can continue to refuse compensation for the flight exactly one week earlier Orlando to Manchester pilot sickness delay 25 hours. Virgin have claimed it is because pilot took ill at Orlando a few hours before take off and not practical to have stand by crew in Orlando just don't get it. Court it is, pilot sickness is not that extraordinary it happened twice on one week!

David_e

indie24 wrote: »

I sent my EU Claim to Virgin on 8th August and have not received a reply. How long did you guys wait for any correspondence?

You'll be waiting for a long time I suspect. I asked for a response within 21 days (from memory) - no reply. I then sent a NBA. In response, they sent copies of their EU claim form which requests the information I'd already given. This form says they will acknowledge within (again from memory) 14 business days (ie 3 weeks) and then a further 6 to 10 weeks for a substantive response.

If you want to progress this I suggest that you send NBA and, if no response, get your court claim issued.

David_e

flor2012 wrote: »

Court it is, pilot sickness is not that extraordinary it happened twice on one week!

Too right!

The Wallentin ruling says (my emphasis):

17. It is settled case‑law that the meaning and scope of terms for which Community law provides no definition must be determined by considering their usual meaning in everyday language, while also taking into account the context in which they occur and the purposes of the rules of which they are part. Moreover, when those terms appear in a provision which constitutes a derogation from a principle or, more specifically, from Community rules for the protection of consumers, they must be read so that that provision can be interpreted strictly

Staff sickness is not remotely "extraordinary" 'in everyday language'.

millsmum

millsmum wrote: »

just a quick update. I posted my NLA on the 30th june. I have heard nothing back. I am a bit over the 14 days but today i have managed to file my county court claim.
flight vs075 on the 21st oct 2010.
will keep you informed, fingers crossed it will be a positive result

Virgin have opted to defend, so if I am right i will receive my questionaire from the court, which I fill in with details of my case, no questions, I need to then prepare my defence and take this to court?
:eek: I might need a bit of help. I am not at all worried and I will give it my best

Vauban

millsmum wrote: »

Virgin have opted to defend, so if I am right i will receive my questionaire from the court, which I fill in with details of my case, no questions, I need to then prepare my defence and take this to court?
:eek: I might need a bit of help. I am a little worried but I will give it a go

You'll get loads of help - don't be worried.

I betcha Virgin won't actaully defend when they look at the details of your case. Unless Mr. Branson is as daft as he is bearded. And I do not believe he is.

You'll get a copy of the defence, then you'll be sent the allocation questionnaire. Then, a few months later (yes really) you'll get a date for a hearing. And you need to prepare your bundle of papers, and witness statement, about a fortnight beforehand.

So loads of time yet - including for Virgin to fold. Again.

millsmum

Vauban wrote: »

You'll get loads of help - don't be worried.

I betcha Virgin won't actaully defend when they look at the details of your case. Unless Mr. Branson is as daft as he is bearded. And I do not believe he is.

You'll get a copy of the defence, then you'll be sent the allocation questionnaire. Then, a few months later (yes really) you'll get a date for a hearing. And you need to prepare your bundle of papers, and witness statement, about a fortnight beforehand.

So loads of time yet - including for Virgin to fold. Again.

I was doing some googling on anti ice valves i found this
http://forum.keypublishing.com/showthread.php?122647-Boeing-757-200-technical-advice

Vauban

Most of it is irrelevant. It doesn't matter if the piece that fails rarely does or has been maintained appropriately. Both facts are irrelevant for determining whether it is an EC.

The Regulation puts the onus on the airline to get you on your way. And if they cannot fix the fault,they must get you on another plane. And if they annot or will not do that, they must pay you compensation.

All the stuff about what thingamajig bleeds into what ujimaflip is neither here nor there. And Virgin know it.