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Flight delay and cancellation compensation, Virgin Atlantic ONLY

edited 30 June 2014 at 9:04AM in Flight Delay Compensation
1.9K replies 357K views
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Replies

  • JPearsJPears Forumite
    4.9K posts
    Ninth Anniversary 1,000 Posts Combo Breaker
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    Ok, with regards to the Las Vegas flight here is where I have got to. I sent in my claim for myself and my wife and eventually received the expected EC defence. I then sent off an NBA letter and heard no more. So, I started the MCOL proceedings for 300 euros each for myself and my wife, plus interest.
    Virgin are defending my claim on two fronts The first is that I don't have the right to include my wife in the claim, even though I paid for both the tickets at the time of booking. That can't be right surely? Secondly, the expected EC defence. What they actually say is:-
    "The claimant purports to bring this claim on behalf of another person named in the particulars of claim. The claimant has no standing to bring a representative action. In the premises and insofar as can be discerned from the particulars of claim, the claimant is only entitled to claim relief to the extent recoverable in his sole name."
    "The aircraft due to operate the flight, suffered a bird strike on-route to Gatwick on 23/10/2012. The defendant's engineers inspected the aircraft for damage upon arrival at Gatwick and found that damage had been caused to the fan blades in engine number 4. Replacement blades were needed to rectify the damage and allow the flight to operate safely."
    As far as I can see, I am absolutely in the right here, but any observations from the more expert on here would be gratefully received before I press on.
    Thanks
    Check your booking T & Cs. Does it say anything about the person making the booking being lead passenger and all communications etc through this lead passenger? If so then the locus standi issue will be harder for them to resist.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • I'm with JP, also, the previous flight might well have departed on the previous day due to the time difference, therefore fouling the 'particular aircraft on a particular day' bit in the Reg 261, further to that a bird strike is inherent in the normal operation of an airline - search and you'll see 1500 a year - that's just the recorded ones - and finally there is no evidence that the previous plane is *your* plane. Even if it was, what is the contingency plan as per the Eglitis case (see FAQ's at the bottom).
  • 111KAB wrote: »
    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.

    Thanks. Can anybody provide a recommendation for a no win no fee firm that would handle this sort of thing?
  • Mark2spark wrote: »
    I'm with JP, also, the previous flight might well have departed on the previous day due to the time difference, therefore fouling the 'particular aircraft on a particular day' bit in the Reg 261, further to that a bird strike is inherent in the normal operation of an airline - search and you'll see 1500 a year - that's just the recorded ones - and finally there is no evidence that the previous plane is *your* plane. Even if it was, what is the contingency plan as per the Eglitis case (see FAQ's at the bottom).
    Ok, thanks for yours and JP's input, much appreciated. I have filled in the mediation form now and sent it back, I'll just have to see what happens now I suppose.
    Another small bit of advice if you would be so kind, with regards to my second claim (the Orlando one), I sent the initial claim forms to Virgin by recorded delivery and they were delivered on the 14th August. I haven't heard anything from them since, not even an acknowledgement of receipt. How long should I give it before pressing on to the next step, which I presume would be an NBA letter?
  • I sent the initial claim forms to Virgin by recorded delivery and they were delivered on the 14th August. I haven't heard anything from them since, not even an acknowledgement of receipt. How long should I give it before pressing on to the next step, which I presume would be an NBA letter?

    Their own claim form promises an acknowledgement within 14 businss days - but then another 6 to 10 weeks for a substantive response. As you clearly intend to pursue this, you may as well issue the NBA now - their response will probably be to claim EC anyway. Just make a note somewhere that they didn't even meet their self-imposed deadlines!
  • [QUOTE=: Welltravellediwish
    Good morning,

    We were on the above flight from Orlando on 22nd June which was delayed for 27 hours due to a 'technical problem' with the plane.

    An email was sent to us 10 hours before the flight took off advising us of the full delay, we were put up in a hotel, given meal vouchers and airmiles for the delay.

    As we accepted these - is this enough for them to not pay compensation?

    Thank you for your help.

    Vauban;62287231]You should be entitled to 600 Euros per person, in addition to whatever assistance was provided locally. Have a read of others' experiences on this thread, as well as the FAQs on page one. You'll see you are likely to have to start legal procedings before Virgin takes your claim seriously, but once you do the chances of getting your money are good.[/QUOTE]

    Well as expected, we have today received a letter from Virgin saying that "We regret to advise that your claim has been denied on the grounds that the delay was caused by extraordinary circumstances - Category 26, Unexpected flight safety shortcomings. During pre-flight safety checks in London Gatwick the aircraft was found to have an oil leak from one of the engines. Upon further inspection it was determined the engine would need changing"

    Are they just fobbing me off and hope I will not pursue it? If I take them to court do I have to prove that the aircraft was not maintained properly? If I do, how do I go about it?

    Sorry for all the questions. Just not sure what to do next.

    Thank you all for your time.
  • David_eDavid_e Forumite
    1.5K posts
    Are they just fobbing me off and hope I will not pursue it?

    Yes
    If I take them to court do I have to prove that the aircraft was not maintained properly?

    No, that's not the test. And if it comes to court, it's the airline that has to prove it's case.
    If I do, how do I go about it?

    You need to start by reading EU Regulation 261/2004 and the ruling in the Wallentin case, both of which are signposted in the main threads on the Flight Delay Compennsation board.
    Just not sure what to do next.

    See above. Do some research and decide if you want to take a case - if so, do you want to do it yourself or try via a no win no fee solicitor.
  • Hi Can anyone advise me.

    I was on this flight, when it caught on fire in the Upper class Bar. we were just over an hour into the flight, when we had to land in Ireland. to cut a very lond story short. they cancelled the flight and took us from Shannon, to Dublin for a flight the next day. we were delayed over 24 hours. I have put in a claim and they are saying that it was extraordinary circumstances! so do not have to pay out.

    Is this extra ordinary circumstances or is this just some words they throw about hoping you give up?

    thanks

    Sue
  • VaubanVauban Forumite
    4.7K posts
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    Is this extra ordinary circumstances or is this just some words they throw about hoping you give up?

    thanks

    Sue

    I think you will struggle to persuade a judge that this was not extraordinary. But what caused the fire?
  • David_eDavid_e Forumite
    1.5K posts
    I was on this flight, when it caught on fire in the Upper class Bar. we were just over an hour into the flight,

    Is this extra ordinary circumstances or is this just some words they throw about hoping you give up?

    I suspect that the courts might be sympathetic to the EC argument with a mid-flight fire. However, even if you accept EC, they have (as I understand it) to demonstrate that they “deployed all [their] resources in terms of staff or equipment and the financial means at its disposal” to prevent the delay or make alternative arrangements for you.
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