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Flight delay compensation, US and Canadian Airlines

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  • gallaghb
    gallaghb Posts: 111 Forumite
    edited 5 August 2013 at 9:05AM
    Thanks for the advice.

    I have started to fill out court claim on mcol. I have taken the below wording from forum and adapted for my circumstances.

    Is the following wording for the claim ok? Anything else I should add or anything I should take out?

    I am claiming compensation for myself and my wife under Article 7 of EC 261/2004, pursuant to the Sturgeon judgment in the ECJ (Case C-402/07 of 19 November 2009), which provides for €600 per passenger to be paid in the following circumstances.

    These were that United Airlines cancelled our flight from London Heathrow to Los Angeles International on 29/04/12.

    Despite writing to United Airlines on 2 occasions since this event, most recently on 19th July 2013 with a final notice before action, they have declined to respond to my request for full details of why the flight was cancelled. Merely stating that there was an unexpected flight safety shortcoming and that all scheduled maintenance had been completed. I believe there was a technical fault with the aircraft and therefore compensation is payable.
  • lyndac40
    lyndac40 Posts: 463 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Hi Gallaghb i am sure if you live in Scotland you can't use the mcol route you have to use the small claims court in Scotland. The mcol is only available to people who live in England and Wales . Someone I the know will correct me if I am wrong x
  • gallaghb
    gallaghb Posts: 111 Forumite
    Hi Lynda, I am in England so mcol should be fine. Although I think you are right for people who live in Scotland.
  • romanby1
    romanby1 Posts: 294 Forumite
    gallaghb wrote: »
    Hi Lynda, I am in England so mcol should be fine. Although I think you are right for people who live in Scotland.
    NBA with a 14 or 21 day response time or Court action. Forget the CAA.
    As Vauban says there is no change at the moment in the regulation it is up to the claimant to convince the judge that a particular problem that the airline are trying to wriggle out of paying compensation for is a regular occurrence and also they did not use every effort to reduce the delay.
  • CobyBenson
    CobyBenson Posts: 188 Forumite
    Sixth Anniversary Combo Breaker
    gallaghb wrote: »
    Thanks for the advice.

    I have started to fill out court claim on mcol. I have taken the below wording from forum and adapted for my circumstances.

    Is the following wording for the claim ok? Anything else I should add or anything I should take out?

    I am claiming compensation for myself and my wife under Article 7 of EC 261/2004, pursuant to the Sturgeon judgment in the ECJ (Case C-402/07 of 19 November 2009), which provides for €600 per passenger to be paid in the following circumstances.

    These were that United Airlines cancelled our flight from London Heathrow to Los Angeles International on 29/04/12.

    Despite writing to United Airlines on 2 occasions since this event, most recently on 19th July 2013 with a final notice before action, they have declined to respond to my request for full details of why the flight was cancelled. Merely stating that there was an unexpected flight safety shortcoming and that all scheduled maintenance had been completed. I believe there was a technical fault with the aircraft and therefore compensation is payable.

    Apologies if you are already aware of this, but make sure the 'Service Address' you use for United Airlines is based in England, otherwise things will get messy.

    If you haven't already then use this address:-

    UNITED AIRLINES
    UNITED HOUSE
    SOUTHERN PERIMETER ROAD
    HEATHROW AIRPORT
    TW6 3LP
  • brewer
    brewer Posts: 6 Forumite
    Part of the Furniture Combo Breaker
    lyndac40 wrote: »
    Hi romandy,

    Yes I have emailed them saying I am not accepting the vouchers, 4 x 600 euros each plus interest plus court fees.

    lynda x
    Hi Lynda,
    firstly, major congrats on your successful outcome!

    Just a quick request, I was delayed on a UNITED flight last Monday (29 Jul), which was originally due to depart @ 09:00 from Birmingham (UK) to Newark, and then onto Austin, Texas.

    After multiple delay updates (11:00, 13:00, 14:00), eventually UNITED announced the flight was cancelled due to a technical fault.

    Cutting a long story short, I am about to commence a claim. Could you advise, should I email or write to them at a physical address (I saw the UK Customer service address at Heathrow, but no US contact/address)?

    I would prefer the convenience and speed of email, but I do not have the address (other than the lady anne.seeley whom you mentioned in an earlier post). Do you have an email contact?

    MANY THANKS in advance for anything you can offer. On the face of it, my case would (hopefully) seem more straightforward!

    Mark
  • gallaghb
    gallaghb Posts: 111 Forumite
    Hi Mark

    I have been emailing my letters to them using email address below. They have been replying via post from US in under 2 weeks

    customercare@united.com
  • gallaghb
    gallaghb Posts: 111 Forumite
    CobyBenson wrote: »
    Apologies if you are already aware of this, but make sure the 'Service Address' you use for United Airlines is based in England, otherwise things will get messy.

    If you haven't already then use this address:-

    UNITED AIRLINES
    UNITED HOUSE
    SOUTHERN PERIMETER ROAD
    HEATHROW AIRPORT
    TW6 3LP

    Thanks, yes I have got that address for them.
  • gallaghb
    gallaghb Posts: 111 Forumite
    romanby1 wrote: »
    NBA with a 14 or 21 day response time or Court action. Forget the CAA.
    As Vauban says there is no change at the moment in the regulation it is up to the claimant to convince the judge that a particular problem that the airline are trying to wriggle out of paying compensation for is a regular occurrence and also they did not use every effort to reduce the delay.


    Hi, I have sent them a NBA already. They've replied but have ignored my request for full details of the technical issue that occurred. They've only said an unexpected safety shortcoming. So I was just asking for advice for the wording for the court claim, so far I've got the below. Do I need to mention Wallentin judgement at this stage?
    I have started to fill out court claim on mcol. I have taken the below wording from forum and adapted for my circumstances.

    Is the following wording for the claim ok? Anything else I should add or anything I should take out?

    I am claiming compensation for myself and my wife under Article 7 of EC 261/2004, pursuant to the Sturgeon judgment in the ECJ (Case C-402/07 of 19 November 2009), which provides for €600 per passenger to be paid in the following circumstances.

    These were that United Airlines cancelled our flight from London Heathrow to Los Angeles International on 29/04/12.

    Despite writing to United Airlines on 2 occasions since this event, most recently on 19th July 2013 with a final notice before action, they have declined to respond to my request for full details of why the flight was cancelled. Merely stating that there was an unexpected flight safety shortcoming and that all scheduled maintenance had been completed. I believe there was a technical fault with the aircraft and therefore compensation is payable.
  • romanby1
    romanby1 Posts: 294 Forumite
    gallaghb wrote: »
    Hi, I have sent them a NBA already. They've replied but have ignored my request for full details of the technical issue that occurred. They've only said an unexpected safety shortcoming. So I was just asking for advice for the wording for the court claim, so far I've got the below. Do I need to mention Wallentin judgement at this stage?

    Ignore the fact they have not responded to your request for info. bit mention that fact in your submission. with any other info you have.
    Read as many posts on here as you can to get an idea of what else may help your case.
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