Flight delay and cancellation compensation, Virgin Atlantic ONLY

haslehurst

haslehurst wrote: »

I have received the defendants response and just wanted to check on the first couple of points they make. I claimed for my party on MCOL, they say I have no authority to bring representative action. My party is Myself, my Wife and our 2 Children - are VAA correct?

2nd, they say I have not complied with CPR 16.4 as they say I failed to provide additional particulars. I did and I have a Proof Of Delivery to their Croydon Office, however I have yet to file with court.

i intend to continue in my claim for the Pilot Illness delay from Orlando, however would be grateful of advice on the 2 points above.

Sorry, I meant Crawley Office!

JonHeath

Hi all,

A bit of advise please. We were on flight vs004 from JFK to Heathrow on Sept 23rd 2007. It sat on the tarmac with us all on board for over 3.5 hours due to the aircraft fuel gauge apparently not matching what the ground fuel unit said had been pumped in! During this time we had no food or drink. The plane landed late in Heathrow by 199 minutes. We believe we complained at the time and got nowhere...

We only heard about our ability to claim financially this week on 'this morning' when Martin Lewis highlighted the improved guidelines on the law in question.

I have a few questions:

1. Do I have a good case to claim the 300 euros per person (my wife and I)?

2. My main problem is time. I've just read the info on this thread and understand that I have to have made my claim within 6 years. This is due to expire in a few weeks 23/09/2013 so I need to make sure I'm doing the right thing. My plan is to fill in the virgin form and also send the NBA at the same time. I was planning on using Centipede100's NBA template. I was going to send it tomorrow (06/09/2013) giving until 21/09/2013 to reply. If I don't hear back I'll then raise a claim through MCOL on 22/09/2013. Do these timelines sound ok?

Thanks all
Jon

JPears

JonHeath wrote: »

Hi all,

A bit of advise please. We were on flight vs004 from JFK to Heathrow on Sept 23rd 2007. It sat on the tarmac with us all on board for over 3.5 hours due to the aircraft fuel gauge apparently not matching what the ground fuel unit said had been pumped in! During this time we had no food or drink. The plane landed late in Heathrow by 199 minutes. We believe we complained at the time and got nowhere...

We only heard about our ability to claim financially this week on 'this morning' when Martin Lewis highlighted the improved guidelines on the law in question.

I have a few questions:

1. Do I have a good case to claim the 300 euros per person (my wife and I)?

2. My main problem is time. I've just read the info on this thread and understand that I have to have made my claim within 6 years. This is due to expire in a few weeks 23/09/2013 so I need to make sure I'm doing the right thing. My plan is to fill in the virgin form and also send the NBA at the same time. I was planning on using Centipede100's NBA template. I was going to send it tomorrow (06/09/2013) giving until 21/09/2013 to reply. If I don't hear back I'll then raise a claim through MCOL on 22/09/2013. Do these timelines sound ok?

Thanks all
Jon

In a nut shell, yes

katelina

Magdoc2 wrote: »

The flight number is VS85, and they are claiming EC due to a hydraulics issue, i have jumped through all of the hoops and am now waiting on a court date. I will let you know how i get on.

Thanks Magdoc that would be appreciated. I guess if I send a letter then they will just send me a standard no reply. Do you think I ought to wait and see how you get on?
I'm really not sure what to do and am happy to send all the letters and read everything etc. :huh:

jimcbob

JonHeath wrote: »

Hi all,

A bit of advise please. We were on flight vs004 from JFK to Heathrow on Sept 23rd 2007. It sat on the tarmac with us all on board for over 3.5 hours due to the aircraft fuel gauge apparently not matching what the ground fuel unit said had been pumped in! During this time we had no food or drink. The plane landed late in Heathrow by 199 minutes. We believe we complained at the time and got nowhere...

We only heard about our ability to claim financially this week on 'this morning' when Martin Lewis highlighted the improved guidelines on the law in question.

I have a few questions:

1. Do I have a good case to claim the 300 euros per person (my wife and I)?

2. My main problem is time. I've just read the info on this thread and understand that I have to have made my claim within 6 years. This is due to expire in a few weeks 23/09/2013 so I need to make sure I'm doing the right thing. My plan is to fill in the virgin form and also send the NBA at the same time. I was planning on using Centipede100's NBA template. I was going to send it tomorrow (06/09/2013) giving until 21/09/2013 to reply. If I don't hear back I'll then raise a claim through MCOL on 22/09/2013. Do these timelines sound ok?

Thanks all
Jon

The MCOL guide says (at p. 14) that it can 2 days for the claim to be issued (see http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf) so I would be very wary of waiting until the last possible moment. Indeed, my most recent MCOL was issued two days after I submitted it. And it is the issue date that counts for limitation purposes.

[Clarification added 6 Sep: I am not sure I am right about the issue date point. Practice Direction 7E, para 5.4 appears to vary the standard position for MCOL claims because it provides that "When the court issues a claim form following the submission of an online claim form, the claim is 'brought' for the purposes of the Limitation Act 1980 and any other enactment on the date on which the online claim form is received by the court's computer system...". However, I would still not leave it until the Saturday or Sunday in case you have a problem when you try to submit.]

JonHeath

jimcbob wrote: »

The MCOL guide says (at p. 14) that it can 2 days for the claim to be issued so I would be very wary of waiting until the last possible moment. Indeed, my most recent MCOL was issued two days after I submitted it. And it is the issue date that counts for limitation purposes.

Thanks for that. In that case I'll give them until 20/09 and then submit the MCOL later on 20/09 if I hear nothing. Fingers crossed that'll be OK. My worry is that 21/09 and 22/09 are weekend dates. Hopefully it's computer controlled.

flor2012

Just received my notice of issue for the 25 hour delay Orlando to Manchester 7 June. Can anyone else going down the court route for this flight keep in touch. Looks like they are determined to defend the pilot illness as an extraordinary circumstance for our flight.

birtyboy

Hi

Just wondered if anyone thinks it is worth following up our claim.

We were delayed for over 6 hours back in December 2007, i have written to virgin and they have come back with their usual EC excuse. Turns out the flight was delayed due to a pelican strike on the nose cone when the plane was leaving Tobago.

I then went on to do some research and got some advise from travel lawyer Alan Bowen (Appeared on Watchdog) and he sent through some case examples ect. The route i was taking is that although it seems a bird strike is an EC (although when you look into it actually happens a lot therefore not making it that extraordinary) is that this happened on a prior flight and not to our actual flight and the new ruling states that EC'c can only be used as a reason for your flight as shown below.

" recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’"

I have written again to Virgin with all the detailed facts and case law and once again been fobbed off with the same old EC excuses.

Just wondered if the best step is to now start a small claim, as i did mention this to virgin to try and sway them, or due to the bird strike element am i on a loser and should just move on, as i only have a few months before the 6 year deadline and the CAA don't have the time and resources to help me.

Hope you can help.

3694711

Hi Everyone
Just joined,so not to sure how the site works,and not the best at typing. I have just found out about the claiming for delays etc,has anybody got any input/knowledge to VS043 6th September 2009 delayed then cancelled. Four family members on board.

birtyboy

Centipede100 wrote: »

Be aware that Recital 15 clearly only refers to "an air traffic management decision" not to any other circumstances.

Start a court claim or hand it to a NWNF company.

FAQs on page 1 are really quite useful...

Hi, thanks for the response.

In an earlier post i found this contribution, does this apply better than Recital 15?

"the delay, if caused by extraordinary circumstances, must relate to your particular flight and not a knock-on effect from a previous flight. That legal principle was confirmed in Finnair Oyj v Timy Lassooy (C-22/11) and echoes the wording of the Regulation "of the flight concerned"

Thanks Andrew