Flight delay and cancellation compensation, Virgin Atlantic ONLY

jan78wor

Hi, I have been following this thread. We were delayed in August 2011 on a flight VS006 Miami to London. At the time, they told us they had to fly crew in to fix the problem, the letter they gave us prior to departure said it was a technical problem and the reply after making our claim said "in your particular case, the aircraft that was scheduled to operate this flight encountered an unusual technical problem. A hydraulic leak was discovered from the rudder area which required troubleshooting. Whilst this usually wouldn't cause too much of a delay the lifting equipment required to troubleshoot the problem wasn't available straight away in Miami this was due in part to thunderstorms and heavy rain. This had an unavoidable effect on your flight departure time.

I have also lodged a complaint with the CAA and have referred it back to Virgin on 21st August to reassess. We have written again, giving them 10 days to reply or will issue a court claim. Has anyone else applied for compensation in relation to this flight as it was delayed 27 hours. There was 4 of us travelling, 1 under 18. Do I need to issue a claim in my name or for the whole 4 of us?

Also, is it worth claiming?

Thank you

David_e

jan78wor wrote: »

There was 4 of us travelling, 1 under 18. Do I need to issue a claim in my name or for the whole 4 of us?

I think the accepted wisdom now is that you need to name all 4 as claimants so you can't do online. (Actually, looks like you can't do online of there is an under 18 claiming either.)

You need a single form N1 for all 4 of you and a N235 for whoever is going to be the "litigation friend" for the under 18.

Forms here:

http://www.justice.gov.uk/courts/procedure-rules/civil/forms

I took mine into the local court but I think you can send direct (copies for court and also for Virgin) to Salford:

https://www.gov.uk/make-court-claim-for-money/overview

Good luck!

jan78wor

That's great thank you. Already have the N1 printed off as read couldn't do online as one is under 18 but will print off the N235 for "litigation friend" and send off to court. Also, am I correct in the amount claimed is the Euro amount converted into sterling and then I have worked out 8% interest on this amount? thank you

David_e

Natony46 wrote: »

does this mean that VAA are going to take a huge gamble on their EC for pilot illness or try and scare a few off with bully tactics.......no mediation - straight to court hearing. Thoughts please.

If a large number have claimed for a single flight, there's an awful lot at stake so it doesn't surprise me that they are going to do whatever they can to avoid paying. Losing some claimants along the way will potentially limit the costs to them. Their mission statement starts with "To grow a profitable airline ..." so there's your answer!

David_e

jan78wor wrote: »

That's great thank you. Already have the N1 printed off as read couldn't do online as one is under 18 but will print off the N235 for "litigation friend" and send off to court. Also, am I correct in the amount claimed is the Euro amount converted into sterling and then I have worked out 8% interest on this amount? thank you

I would claim at today's exchange rate (quote source) - unless it was more favourable at the date of delay, in which case use that.

I posted this previously about interest and nobody disagreed! Do check yourself though!

http://forums.moneysavingexpert.com/showpost.php?p=62678316&postcount=707

louiseycat

Hi all,

I would appreciate some next steps advice, my husband and I were on the Gatwick to Las Vegas flight VS43 on 27/08/12 which was delayed for 22 hours and 41 minutes. Vurgun have rejected my claim due to "the wing landing gear door being damaged by the door fairing and door fairing had unexpectedly become unaligned as a result of air flow." Is this really a case of EC? Whilst the delay was going on we were told that we wouldn't be able to fly due to the fault causing a delay which meant the air crew had 'timed out' and they didn't have stand by crew.

I know some people have won on this case so some advice, insight and next steps would be much appreciated.

Thanks
Louise

Lovehols_2

GrenadaHols wrote: »

For that flight but originating in Grenada I have mediation scheduled for 17th Oct and court hearing on 15th Nov......

I will be glad if you say on the thread how you get on please I have just had a letter to say they have served papers to virgin. Good luck

Psaila

I submitted my claim and virgin for the 27 hr delay vs16 orlando to gatwick on the 23rd june and they said they were to defend the whole claim they have now gone a couple of days past the 28 days they had to file a defence. I called the money claims and they said leave it a few days and if nothing then it is time to request for judgement. Is this the usual route?

Thanks Darren

dunkmat

111KAB wrote: »

3 separate claims as all 3 circumstances will be different. Why don't you do them individually as time is on your side?

Sent 3 separate forms off on the 4th September 2013 and still had no acknowledgment! Would you wait or resend?

I have a claims company in the same building who said they would send the forms saying I am their client for no charge? Do you think this would be worth it?

Thanks all

2bHappy

Hi,

I received an email from the CAA; there is new guidance in place in regards to 'Extraordinary Circumstances', airlines are to reassess claims.

The CAA have sent my claim back to Virgin Atlantic for them to reassess my claim, then respond directly to me within the next 8 weeks...here we go again!.

I'll wait patiently and then take it further if not satisfied.

Oh happy days...