Flight delay and cancellation compensation, Virgin Atlantic ONLY

haslehurst

jazzygiraffe wrote: »

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!

Hi,

Great news that you've been paid out, what was the reason for the delay?

jazzygiraffe

To be perfectly honest, I don't know, it wasn't stated in the letter. I THINK it might have been to do with an earlier plane being delayed but that is only from memory.

millsmum

I ticked the meditation box, but the judge has set a date, does that mean it won't go to mediation?

Vauban

millsmum wrote: »

I ticked the meditation box, but the judge has set a date, does that mean it won't go to mediation?

Has the judge ordered mediation? If not, there won't be any. If he has, it will happen before the date.

Clive_79

Clive_79 wrote: »

Hi

I was on a flight to Las Vegas with my wife on 27th Aug 2012 (our honeymoon) that was delayed for 23 hours, which a few people have mentioned on this thread and have been successful in claiming full compensation. I originally had my claim rejected but contacted them by email and then by phone this week to follow this up in light of other passengers being successful.

Virgin informed me they had lost a court case on this flight but it was only because they didn't have the relevant evidence available to them from their engineers to prove the damage had occurred on landing in Gatwick. I'm not sure how this would impact the case anyhow as the main reason for the delay was they didn't have enough staff so had to send them all home and wait until the next day. I am really fed up now as Virgin have been nothing but unhelpful, extremely defensive and in a way bullying in trying to squirm out of accepting any responsibility.

I have completed the MCOL form although haven't submitted it as of yet as I am slightly apprehensive. Would people advise me to proceed to submit this now or should I try something else? Any help or advice would be much appreciated, thanks.

I have now got to the point where I have been sent the questionnaire to complete. I have had further contact with Virgin given the fact that they have since paid compensation to various passengers on the same flight, however they have told me they still intend to defend the claim in full. I cannot afford further expense now so am considering dropping the case even though I am 95% certain I would be successful. If anybody has any words of wisdom they would be most appreciated!

111KAB

Clive_79 wrote: »

I have now got to the point where I have been sent the questionnaire to complete. I have had further contact with Virgin given the fact that they have since paid compensation to various passengers on the same flight, however they have told me they still intend to defend the claim in full. I cannot afford further expense now so am considering dropping the case even though I am 95% certain I would be successful. If anybody has any words of wisdom they would be most appreciated!

Even though it appears Virgin are 'playing a game' your financial situation would appear unable to prove this in court. Can you obtain written proof that compensation has been paid to fellow passengers? If so I would assemble this and link to a succinct letter to the CEO of Virgin. If this fails, rather than walk away, employ a no win no fee firm.

Natony46

millsmum wrote: »

I ticked the meditation box, but the judge has set a date, does that mean it won't go to mediation?

I received my court date, which is in November but mediation was a recommendation by the Judge. I am due to mediate sometime in October. I understand that also means if the mediation does not work my case will then go in front of the Judge in November. Hope that makes some sort of sense!!

David_e

Are Virgin deciding which cases to defend by tossing a coin? My claim summarised below looks suspiciously like a number of reported cases for Virgin claims on the successes thread!

Virgin's "defence" in brief is:

(1) Part fails on aircraft in Orlando a couple of weeks before our flight. Part replaced with one borrowed from another airline (!).

(2) Part (operating correctly) then replaced again at next scheduled service (the day before our flight) with one from own stock. Part was tested and OK and came from stock certified as "fully working and approved".

(3) Part fails the following day on outward leg to Orlando which was our plane back. Repair delays that flight more than 5 hours so ours is late departing as a consequence. You'll like this next bit: "It is extremely rare for one of these certified parts to fail".

My view:

(a) The technical problem stemmed from events that are inherent in the normal exercise of the activity of the air carrier concerned.

(b) The technical problem was within its actual control, more so as they elected to replace a working part during routine maintenance.

(c) Addressing the specific aspects they appear to be trying to use to demonstrate EC: Per the Wallentin case, “the frequency of the technical problems experienced by an air carrier is not in itself a factor” and “the fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’”.

So no EC.

Even so, for the sake of completeness, in terms of their response to the issue:

(d) I suspect (but will seek confirmation) that nothing was done to prevent the delay or make alternative arrangements for us. Certainly, I have no reason to believe that they “deployed all [their] resources in terms of staff or equipment and the financial means at its disposal”.

I’d welcome any thoughts (any negative ones by PM!!) but I’m certainly not letting this one go.

Vauban

Looks good to me, David E!

David_e

Vauban wrote: »

Looks good to me, David E!

Thanks, I have been doing my homework!!