Flight delay compensation, all other EU airlines

[Deleted User]

I finally got the refund. As regards compensation, they have clearly made a clerical error, in their reply to my application for EU compensation they said I wasn't entitled to compensation because the flight had been cancelled more than two weeks before departure. I replied asking them to check their records because the flight was cancelled two hours before departure (I hadn't even booked the flight two weeks before), and I've heard nothing since. This was two weeks ago now.

Justice13075

Send them a letter before action giving them 14 days to pay if after 14 they haven't paid days sue them

peter_333

peter_333 wrote: »

...
I'm travelling to Lisbon next week for a holiday, and I’ve received an email from TAP Portugal to alert me that my returning flight has a "schedule change" (this is 10 days before the scheduled return).
...

Update on my compensation claim with TAP...

It is now 8 weeks since I submitted my compensation claim for this cancelled flight with TAP and it is not resolved.

- After 3 weeks I rang to seek an update and was told to wait a minimum of 28 days.
- After 28 days I rang again and was told, "No, we meant 28 working days, so you must wait 6 weeks."
- After 6 weeks I was told, "Sorry there's no update, but I'll submit a request to prioritise your case. Please ring back in a week if you don't hear anything."
- After 7 weeks I was told, "We have thousands of complaints to work through, so you need to give us more time. I'll submit another prioritisation request, and please ring back in a week."
- Today (now 8 weeks on) I rang again and was told that there's no update, but the agent would request her supervisor to contact me with an update before the ned of the day. I was assured that I would definitely hear back from the supervisor today. It's 6:30 pm and I haven't heard a thing.

I'm drafting a Notice Before Action letter to send to the airline's UK office tomorrow. Vauban's guide has a sample NBA letter, which includes a claim for "interest @ 8% p.a.". The guide is a number of years old now. Is asking for interest still the done thing? If so, is there a standard rate to claim? Is 8% still valid? Does the interest kick-in on the day of my original claim submission, or from the date I send my NBA?

JPears

Yes, Yes and No to both. From the original date of your delay/cancellation.
Give them 14 days with your NBA.
"1000s of claims" is not an excuse. Its symptomatic of their ineptitude in a) running an airline, b) assigning enough staff to deal with the fallout from a)

Does TAP have a UK presence/address? If so you can use MCOL.
If not, you will have to use the ESCP process. Google/search Dr Watson's notes on this.

peter_333

JPears wrote: »

Yes, Yes and No to both. From the original date of your delay/cancellation.
Give them 14 days with your NBA.
"1000s of claims" is not an excuse. Its symptomatic of their ineptitude in a) running an airline, b) assigning enough staff to deal with the fallout from a)

Does TAP have a UK presence/address? If so you can use MCOL.
If not, you will have to use the ESCP process. Google/search Dr Watson's notes on this.

Thanks! So I should claim 8% interest. And the interest should be calculated from the date on which I was informed of the cancellation.

TAP does have a UK address (https://beta.companieshouse.gov.uk/company/BR000460) so I've addressed the letter here. Given they have a UK base, I guess MCOL is by far my easiest route for action, but hopefully it won't get that far.

JPears

Yes. Although the actual interest rate is decided by judge, should it come to that. If they settle out of court, frustratingly, they can ignore the interest...
And yes. As long as you have a physical address that sheriffs/bailiffs can enter and sieze assets, you're good.

[Deleted User]

Got this response from Norwegian for the flight they cancelled 2 hours before departure, rejecting my claim:

This disruption was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

So is this the end of it then? They can just say that and I can't do anything? I saw that the flight did actually go ahead and left on time - and can only speculate that there was some cabin crew shortage and they couldn't take passengers, but they needed the plane at it's destination so they didn't have to cancel the return flight (it was the London->Buenos Aires route - only a few flights a week).

Justice13075

As has already been said send them a letter before action and sue them

[Deleted User]

What about going through ADR: https://www.aviationadr.org.uk/how-to-complain-about/airline-complaints/

This is what the main page on this site recommends as the next step.

JPears

You could do that sportacus, but you would appear to have a clear cut case of denied boarding and/or short notice cancellation for a flight that did actually fly. I'd be more inclined to think this was denied boarding.

Crew sickness/staffing issues are not an EC. Norwegian are fobbing you off.
Given the above I would be inclined to go straight to MCOL.
If you do go to ADR, at least you can always resort to MCOL at a later stage.
If you go to either, I predict a change of story (such as you have managed to get) from Norwegian.