Flight delay and cancellation compensation, Virgin Atlantic ONLY

birtyboy

Centipede100 wrote: »

I am not a fan of using the analogy of the Finnair case in a claim for flight delay compensation since the Finnair case concerned denied boarding. You have more appropriate precedent case law in Wallentin-Hermann and Sturgeon than this.

The reason for steering you away from Finnair is not that it would necessarily be harmful per se but that it gives the airline lots of opportunity to ramble on about how it doesn't apply etc etc and therefore your real point of attack (above) is lost amongst the noise created by the airline's legal representatives.

Thanks again for the help.

Are there any particular parts of the 2 cases you mention that are relevant to my claim, ie te EC can only apply to your flight not prior flight etc?, sometimes reading through the case laws can be a little mind numbing if you dint know what your looking for.

Thanks

32Nirvana

Any guidance would be appreciated.....completed directions questionnaire as well as agreeing to mediation and have now received a copy of 'general form of judgement or order' where VA have been asked to 'file at court written details (claim number and title to action) of all or any claims issued in respect of the same cause of action and relating to the same flight' by a specified date and time. Is this usual?

kerry13238

hi i was wondering how many people who virgin have rejected the claim have then won in court? and how far did it go in court? in my case they claimed it was due to corrosion is it worth me going to court? x thank you

Vauban

kerry13238 wrote: »

hi i was wondering how many people who virgin have rejected the claim have then won in court? and how far did it go in court? in my case they claimed it was due to corrosion is it worth me going to court? x thank you

Have a look at page one of the "court success thread". You'll see Virgin tend to fold at the last moment, but you shouldn't assume that because they won you automatically will. However, difficult to argue that corrosion is an unexpected flight safety shortcoming ...

hmtowns

jands2 wrote: »

Just a quick question, I have filed a claim and received back the Directions Questionnaire, which I am just filling in. Just wanted to check, as my claim is less than £1500, I don't have to send any money to them, is that correct?

Thanks

I paid the £40.00 but it was sent back as under £1500

hmtowns

Just an update that the matter has now been transferred to my local county court.

Was looking at these threads and was wondering whether in my case (cracked windscreen) and those of pilot sickness it was worth sending the Part 18 request for further information to establish just how many windscreens crack or pilots get sick in a year. It seems that a lot of pilots get sick (as seen in the various posts about it) so if they have to tell you how many get ill and it is quite a lot then surely extraordinary is out of the window?

Vauban

hmtowns wrote: »

Just an update that the matter has now been transferred to my local county court.

Was looking at these threads and was wondering whether in my case (cracked windscreen) and those of pilot sickness it was worth sending the Part 18 request for further information to establish just how many windscreens crack or pilots get sick in a year. It seems that a lot of pilots get sick (as seen in the various posts about it) so if they have to tell you how many get ill and it is quite a lot then surely extraordinary is out of the window?

I too am dealing with a cracked windscreen on the preceding fault. This is what I put in my submission to the court on this point:

21. Though cracked windscreens are not a frequent occurrence, nor are they exceptionally rare. The website ‘moneysavingexpert.com’, identifies at least nine flights since 2012 which Monarch Airlines considers to have been delayed as a result of cracks in their airplanes’ windscreens (document 9a). The Civil Aviation Authority (CAA), moreover, in response to a Freedom of Information request on 1 May 2013, has stated that between 2008 and 2013 there were 195 “Mandatory Occurrence Reports” involving the failure or malfunction of an airplane windscreen (document 9b). These do not include incidences of cracks discovered during routine maintenance or during pre-flight safety checks, as in the case of ZB 248.

maxipeeps1

Hi all,

I posted a claim in April for a 24 hour delay.
Received an acknowlegement approx 14 days later.
Then about 16 weeks later received a letter saying no compensation as this was extra ordinary circumstance (air bleed Valve on a previous flight caused knock on delay)!!
I sent Virgin Atlantic a NBA and received no reply.
Filed a claim with MCOL for 600 euros per person x 3 (myself, husband and child)
On 3 September Virgin Atlantic advised that they intend to defend the claim.
On 7 September received a letter from Virgin atlantic advising that although they do not feel that they are liable they see no value in disputes of this natue and enclosed a cheque for £2500 (incl interest and fee).
Thanks for all the info and advice on this site, its has been a fantasic help.
:beer: :T :T :T :j:j:j

baltymore

I am trying to make a claim with thomson for flight delay/cancellation. We were at first delayed then it changed a few hrs later to cancelled to the next day.ive noticed it asks for a booking reference number.where can I get this, the flight was Nov 2011, ive got no boarding passes, booking reference number or anything now.SORRY TO ALL BUT IVE LEFT THIS QUESTION IN WRONG PLACE I THINK, FIRST TIME IVE TRIED USEING MSE.

JPears

maxipeeps1 wrote: »

Hi all,

I posted a claim in April for a 24 hour delay.
Received an acknowlegement approx 14 days later.
Then about 16 weeks later received a letter saying no compensation as this was extra ordinary circumstance (air bleed Valve on a previous flight caused knock on delay)!!
I sent Virgin Atlantic a NBA and received no reply.
Filed a claim with MCOL for 600 euros per person x 3 (myself, husband and child)
On 3 September Virgin Atlantic advised that they intend to defend the claim.
On 7 September received a letter from Virgin atlantic advising that although they do not feel that they are liable they see no value in disputes of this natue and enclosed a cheque for £2500 (incl interest and fee).
Thanks for all the info and advice on this site, its has been a fantasic help.
:beer: :T :T :T :j:j:j

:j:T:T:T:j Congrats. Can you post in Court Sucess?