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Flight delay and cancellation compensation, Virgin Atlantic ONLY
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Sorry if this has been asked before....Wallentin, paragraphs 23-26 refers to “technicalproblems.......can be characterised as extraordinary.............only if theyrelate to an event which is not inherent in the normal exercise of the activityof the air carrier”.
Could someone please advise how “technicalproblems” sits relative to pilot sickness as a cause of delay. Or is pilotsickness a technical problem?
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I sent my application off to Virgin around 8 weeks ago but as yet haven't heard anything. Does anyone know how long it takes to get a reply of any sort?0
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Been off the radar lately, trawling the internet and things, researching and things blah blah!!
Today I got my Court date and it's at my local court, thankfully. Upon reading the order I have been encouraged to use the mediation service, I would like to know if this is a good idea seeing as VAA are so resolute in defending my claims? It also orders that I pay another fee, will all this extra money I have had to pay be refunded if I win my case?
Advice from the more senior members would be appreciated.
Thanks in advance.0 -
I don't know if I qualify as "more senior" - but I'm definitely not getting any younger.
Yes: your hearing fee will be refunded if you win - along with the initial fee and the allocation fee (if paid).
Yes: go for mediation. Virgin may well use it to settle, and if you don't you risk looking unreasonable. It's easy to do, and does affect your hearing date.0 -
You should have been sent a copy of Virgin's preliminary defence, within 28 days of the initial action being served on Virgin. (This will be perhaps a two page document).
The allocation questionnaire comes next, which you have just filled in, requesting the claim be put on the small claims track and heard in your local court. (And whether you are content to have mediation.)
Next will be in a few weeks when the mediation people will get in touch (at which sometimes the airlines settle, but often it's a bit of a waste of time). And following that you will get a date from your local court for a hearing (with a deadline for the submission of your bundle of paperwork). But that will be a few months away, most likely.
Read up on the tread "Taking the airlines to court" which has some useful links.purple_icecream wrote: »I selected the mediation option so why will I get a date from the court for a hearing?
How do I prepare for the mediation phone call? Will I get a date for it or does it come out of the blue? Do I have to research Wallentin-Hermann which others speak of, as currently it is all gobbledegook to me?
Do I have to pay a hearing fee if it goes to court considering I chose the mediation option?
Thank you for your help guys, I feel like a fish out of water and will be stuck for words if I get a call, but I feel determined to follow this through.I think Vauban explained it quite clearly. Without wishing to be rude or discouraging, if you are struggling with that then court hearing could be too much? No offence meant, just being practical.
Yes JPears, Vauban did explain clearly, however I would like to pursue this claim and I thought the whole reason of this forum was to seek advice from others who wanted to help and share their views and experiences.
JPears, I do find your comment a bit 'rude & discouraging' as I am asking for help, you are not helping what so ever in the comment you made.
If I can get the right advice from kind people on here then maybe a court hearing would not 'be too much'. However, I did state in my first post that I had selected the mediation route, so why is a court hearing even being mentioned?0 -
Hi all, I was on a delayed flight to Vegas last year and have filled in my va compensation form and sent it off. It states on their website that I should hear back from them within 14 days and this time has elapsed. Does anyone have a contact number for va's appropriate department that are dealing with claims? I'd like to call and chase them. Any help is more than welcome. Thanks.0
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Claim issued via MCOL on 27th August. Virgin filed An Acknowledgment of Service on 2nd Sept. cheque for £1628 received 12th September (did not included any interest) but am a very happy bunny.0
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Originally Posted by purple icecream
Yes JPears, Vauban did explain clearly, however I would like to pursue this claim and I thought the whole reason of this forum was to seek advice from others who wanted to help and share their views and experiences.
JPears, I do find your comment a bit 'rude & discouraging' as I am asking for help, you are not helping what so ever in the comment you made.
If I can get the right advice from kind people on here then maybe a court hearing would not 'be too much'. However, I did state in my first post that I had selected the mediation route, so why is a court hearing even being mentioned?
The Courts always still select a date for the hearing as in the majority of cases unfortunately mediation fails.
The process of mediation is sort of on the side lines of the claim itself and so that no delays are caused the court date is still set. Don't be disheartened. Push forward there are some very helpful people on here who will no doubt help if you need it.
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We were on the Orlando - Manchester flight 7th June delayed for 25hrs due to pilot sickness.
We have been through MCOL and VA are defending.
We are waiting to hear about mediation but have received a letter today saying that our hearing has been moved from our local court (north west) to Horsham.
Our local court said that as the letter had only arrived they would try and get it moved back to the NW. However they came back and said it wasn't possible. That the hearing will be in Horsham as there are multiple hearings relating to that specific flight so they are doing them all in one day!!!!!
Sounds like the Courts are 'exercising their case management powers' by putting all the cases in the same time. They are permitted to do this under the Civil Procedure Rules. The justification is no doubt that in doing this they will be saving time and expense no matter how it will effect the Claimant's themselves. It is a shame that you don't know the other Claimants as investing together in a junior barrister to assist with the first hearing might benefit you all as no doubt that decision will effect the rest of the cases. Something to think about maybe?0 -
Success. Cheque received yesterday 12th September for £1518.Sent Virgin Atlantic form about July 2013 received letter back on 3rd August saying they were investigating and would get back within 6 to 12 weeks. 12th September received a cheque for each party which totalled £1518.00. Over the moon!! Flight was Virgin Atlantic VS0016 from Orlando to Gatwick 29th February 2008. Flight was cancelled due to plane still in Caribean following Pilot illness. Good Luck to everyone claiming and thanks Virgin for settling so promptly.:j:T0
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