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Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    cadmus wrote: »
    thank-you david -e and 111kab for your reassuring comments and most appreciated.
    I want to go the MCOL way but its the prospect of going to court that puts me off .... is it highly likely in my scenario it could go to court or could virgin settle before it gets that far . I know im asking a crystal ball question but on averages what way do you think this could unfold .

    Cadmus: forgive me if I speak to you bluntly, but my intent is helpful:

    1) The airlines generally rely on people (not unreasonably) not wanting to go to court;
    2) It's not as scary as you think, but it dies require some commitment of time and intelligence/education (sorry, but it does);
    3) If you can't take it on yourself, appoint a no win no fee lawyer, who will take about 30% of your award;
    4) if you look at the "Court Success" thread, you'll see that Virgin almost always settle before it gets to a hearing - though only after the claimant has started legal action.

    But there are no guarantees - and you need to decide whether you are up to seeing this through. If you're worried, instruct a NWNF lawyer and get 70%. Or stand up for your rights, link up with ALLES on this forum, and face the airline down.

    Your call.
  • cadmus
    cadmus Posts: 262 Forumite
    Part of the Furniture
    Vauban wrote: »
    Cadmus: forgive me if I speak to you bluntly, but my intent is helpful:

    1) The airlines generally rely on people (not unreasonably) not wanting to go to court;
    2) It's not as scary as you think, but it dies require some commitment of time and intelligence/education (sorry, but it does);
    3) If you can't take it on yourself, appoint a no win no fee lawyer, who will take about 30% of your award;
    4) if you look at the "Court Success" thread, you'll see that Virgin almost always settle before it gets to a hearing - though only after the claimant has started legal action.

    But there are no guarantees - and you need to decide whether you are up to seeing this through. If you're worried, instruct a NWNF lawyer and get 70%. Or stand up for your rights, link up with ALLES on this forum, and face the airline down.

    Your call.
    Thank-you very much for your reply Vauban'.after reading some very helpful replies I have decided to go full steam ahead with the MCOL as I feel much more confident now. Thanks again and will keep you posted
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    cadmus wrote: »
    thank-you very much for your reply vauban'.after reading some very helpful replies i have decided to go full steam ahead with the mcol as i feel much more confident now. Thanks again and will keep you posted

    :) Go for it!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Bestdea1s wrote: »
    :mad:
    Just sent off Money Claim to courts - 8 of us claiming on a single form - cost £120 court fee - Total claimed £4188 plus interest of over £800. I will keep all posted.


    I have received Notice of Issue today - I presume that they will defend the case - Has anybody any tips on what I can be doing in preparation to further the claim - Will I need to list lots of case details from Sturgeon and Wallentin-Hermann rulings?

    Any ideas or drafts for claims already filed would be of great use on the forum.
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    edited 17 September 2013 at 10:03PM
    Bestdea1s wrote: »
    I have received Notice of Issue today - I presume that they will defend the case - Has anybody any tips on what I can be doing in preparation to further the claim - Will I need to list lots of case details from Sturgeon and Wallentin-Hermann rulings?

    Any ideas or drafts for claims already filed would be of great use on the forum.

    Sadly, I now speak from some experience of the early stages!

    Notice of Issue is just that, the claim has been "served" on the airline.

    A few days later, I received a "Notice that Acknowledgement of Service Has Been Filed", In my case, that advised me that the airline intended to defend. You may get a better outcome!

    A week or 10 days later I have now received the defence plus (what I believe is known in short as) the 'allocation questionnaire'.

    Vauban's post summarises the next steps:

    http://forums.moneysavingexpert.com/showpost.php?p=63026460&postcount=872
  • Hi, in October 2008 our party of 4 flying from Gatwick to Orlando was delayed by 10 hours due to what they said was a loose panel on the plane. This was a huge inconvenience as we landed at about 3am in America having expected to land at about 5pm the evening before!

    Is it worth me putting in a claim for all 4 of us and will I need to find the flight numbers (can't find any paperwork relating to what it might have been).

    We where on a flight to orlando delayed 10 hours on the 23rd October 2008, flight no VS015. I have just this week put in a claim. So watch this space!!!
  • Cheque received following mediation! I've accepted a slightly lower amount of which I am more than happy with as not fussed about the extra hassle of court for only a bit more :).

    This forum has been invaluable and thanks to all the contributions, it really is worth reading from page one!
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    Cheque received following mediation!

    Well done. It's encouraging for me as I've had Virgin's defence and was planning on opting for mediation.
  • Cheque received following mediation! I've accepted a slightly lower amount of which I am more than happy with as not fussed about the extra hassle of court for only a bit more :).

    This forum has been invaluable and thanks to all the contributions, it really is worth reading from page one!

    Brilliant!! Well done!!

    Can you give any help with mediation as I have mine in a few weeks so any hints tips would be more than welcome to give me some idea as to what to expect.

    Thanks x
  • Was unaware of the right to claim until I saw this on Martin's newsletter.

    I was on flight VS030, Barbados to Gatwick on 25 October 2008.

    July 2013 : Completed simple EU form on Virgin website with very basic details.

    14 August 2013: Received acknowledgement of claim

    11 September 2013: Received 3 cheques for £504.75 each.

    Time spent: 15 minutes
    Cost: 1 second class stamp

    Amazed!
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