Flight delay compensation, all other EU airlines

legal_magpie

Kev. BMI will take as long as you choose to give them. In your letter you gave them notice that if they didn’t settle your claims you would take them to Court. It is a fundamental point of negotiation that you should never make a threat unless you are prepared to carry it out otherwise you lose all credibility .
So don’t waste more time in useless correspondence. Just get on and sue them. You could include both claims in the same action although it could be tricky. If in doubt issue separate claims.
All the information you need is in Vauban’s guide. Search for it, download it.
Good luck.

Mr_Nibz

tonydata wrote: »

Hi all,

So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the £150 on basis of signing NDA...

@mcragg0607
@Mr Nibz
@Tinks19700

Or anyone else claiming for this delay, have any of you made any progress?

My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential €1600 is going to dwindle if it's awarded!

Any advice on the best NWNF to go with, happily received

Hi Tonydata, I sent my refusal to accept the compromise agreement about 3 weeks ago (just before seeing the post regards sending as a NBA). Nothing back from them as yet, so I will be happy to pool resource and co-operate any way I can to take this further. We are due 2 x 400 Euro so worth following up.
What is most annoying to me about this particular issue is that spoke with an Olympic holidays rep at the airport and they told me to use the Olympic Holidays web site as the starting point to raise the claim and that there would be no issues.

jfyfe

I was flying to Moscow from Edinburgh changing at Brussels with Brussels airlines. When I arrived in Moscow they had lost my luggage. I was there for 5 days and only received my case the evening before I left which had all my warm clothes and footwear in it. On arriving at the airport I went to check in and was told that there was a problem with my booking because I wasn't on the flight going out they had cancelled my booking. I explained that I was on the flight and that I had all the tracking numbers for my luggage which I only received the evening before. After a lot of being moved from check in to customer service desk (5 times) the girl at customer services tried to get me another flight and the only one I could get was first class with British airways. I was told I had to pay for it and claim it back. I have emailed twice and also phoned and still heard nothing from them. I am considerably out of pocket but also quite worryingly they say I was not on that flight when I was and with all the terrorism that goes on today that is really frightening. This has now been three weeks and when I phoned a week ago they told me someone would be in touch within 72 hours. What is the best way of dealing with this to move this on, and can I claim compensation for lost baggage as I had to buy new clothing.

Tyzap

Hi jfyfe,

As your post is primarily about Brussels Airlines could you please copy and paste your post to here...

https://forums.moneysavingexpert.com/discussion/4445431

I know it's not always obvious where to post but this will keep all relevant posts together.

You will get a reply there.

Thanks.

jfyfe

Many Thanks for your advice I will try and follow your advice.

Mr_Nibz

Just got in and found a further reply from EnterAir following my rejection of their 1st offer of £150 each for me and the wife for our 6+ hour delay from Gatwick to Crete on Tue 29th Aug. Latest offer has been increased by £50 each to £200 but only on signing the NDA.

At this rate it is going to take a further 4 letters to get up to the £400 each at 2 months per round of correspondence that is going to take another 8 months and cost another £24 in recorded delivery charges.

Currently reading Vauban's guide and considering my next move. I had sent my first rejection before seeing the post about sending paperwork and the NBA so that might be one of the next things to do.

As an alternative approach I might try to get in touch with someone at Olympic to get a view from them as to what I can do. I contracted with Olympic for the holiday, they contract with EnterAir as the carrier. Olympic can't be that happy with EnterAir with regards to the way these claims are being handled. Reading the Olympic web site it talks of "Quality" being "the keynote of Olympic Holidays" and "we offer flights on flagship scheduled and charter airlines". You'd like to think Olympic would be pleased to get feedback on a failure such as the EnterAir claims process.

Anyone else had any recent feedback.

JPears

I think you'll find Olympic won't give a monkey's.
You'll need to start getting aggressive with Enterair. NBA and legal action.

hoovuspoovus

Having used the MSE forums extensively in my quest to secure compensation against Small Planet Airlines, I thought it only fair to share my success story on here.

Myself and family (3 people) endured an 8 hour delay when flying from Lefkas to Gatwick with SPA on 4th September 2016. I posted the compensation claim, initially via Resolver, on our return. After months of toing and froing, and escalating within Resolver, I had got precisely nowhere so tried a different tack and started again directly with SPA.

I emailed their customer services team multiple times, receiving the usual fob off "we are looking into your claim" responses.

I tried countless times to phone their UK telephone number, which was only ever answered once. I eventually spoke to someone who gave me an alternative email address to send my claim to, which I did.

After lots of chasing emails I was eventually offered 200 euros each in compensation, half what we were entitled to. I rejected this, and sent the NBA letter as advised in the excellent Vaubans guide. This was ignored by SPA. After chasing multiple times again, I eventually took them to court using the European small claims procedure via Luton County Court.

After several months, the court found in my favour as SPA did not contest the case. I sent a copy of the judgement to SPA both via email and in the post to Lithuania. Nothing happened.

I then Googled SPA to see if I could find the names of personnel that I could send an email to directly. I found the name of a legal rep; whilst I couldn't find their direct email address, I was able to put their name in the subject header and request that it be sent to them for their attention. After several more emails, I finally received payment of £1,220 directly into my bank account.

In total it took over a year, but was worth the effort in the end. I wouldn't have known what to do without reading about it on MSE, reading Vaubans guide and following the advice given. if you find yourself in a similar situation there is lots of information here to help you.

Good luck.

JPears

Well done. Your persistence and tenacity have paid.
BUT it shouldn't be this way. SPA have ignored, with impunity, European law that has been established over 12 years now. It's time the EU and NEBs did something about the woeful behaviour of the vast majority of airlines.
Your flight probably had 200+ passengers. Your success represents just 2%. Say 5% have been successful in getting what is lawfully due to them, SPA have unfortunately conned £60k off the remaining passengers. Dispicable.

hoovuspoovus

I couldn't agree with you more. There were times during the process that I repeatedly thought "what is the point of the European directive if nobody enforces it?" there are undoubtedly ways of doing it, just a lack of will.