Flight delay compensation, all other EU airlines

[Deleted User]

Who are MCOL? A google search for them turns up an EU compensation no-win no-fee claims firm, is using one of these firms worth the cut they take?

Also, I finally got an answer from Norwegian, they said the cancellation was due to staff sickness and was beyond their control.

Justice13075

MCOL stands for money claim online it is where you issue court proceedings through the small claims court. Costs around £60 but you get that back from the airline along with your compensation.

peter_333

[quote=[Deleted User];74562839]Who are MCOL? A google search for them turns up an EU compensation no-win no-fee claims firm, is using one of these firms worth the cut they take?

Also, I finally got an answer from Norwegian, they said the cancellation was due to staff sickness and was beyond their control.[/QUOTE]

Others will have more experience on this, but I can't believe that staff sickness could be classed as an "extraordinary circumstance". Staff occasionally get sick. In fact, I don't think it's even remotely a stretch to say that staff sickness is a common (likely everyday) occurrence, and it's the airline's job to be prepared for these eventualities with adequate standby staff, etc.

If the courts have deemed that aircraft mechanical failure is not an "extraordinary circumstance", then unless a major national pandemic wiped out a huge portion of their crew, I can't image having a sick pilot would allow them to escape compensation requirements.

Tyzap

peter_333 wrote: »

Others will have more experience on this, but I can't believe that staff sickness could be classed as an "extraordinary circumstance". Staff occasionally get sick. In fact, I don't think it's even remotely a stretch to say that staff sickness is a common (likely everyday) occurrence, and it's the airline's job to be prepared for these eventualities with adequate standby staff, etc.

If the courts have deemed that aircraft mechanical failure is not an "extraordinary circumstance", then unless a major national pandemic wiped out a huge portion of their crew, I can't image having a sick pilot would allow them to escape compensation requirements.

Crew sickness is only considered as an EC when it affects the crew either immediately prior to or during a flight, particularly if it causes a medical emergency and diversion during the flight.

Bott & Co solicitors have won a case or two where the airline claimed sickness was an EC, I don't believe it set a precedent tho.

[Deleted User]

Thanks all, sounds like MCOL is the way to go then. Have people's experiences of ADR (the method recommended on this site) not been good then?

peter_333

[quote=[Deleted User];74563857]Thanks all, sounds like MCOL is the way to go then. Have people's experiences of ADR (the method recommended on this site) not been good then?[/QUOTE]

Keep in mind with MCOL that if you loose, you will be liable for the court fees. You only get those reimbursed IF you win the case.

So if you are uncertain, or would be unhappy loosing the court fee, you could look at one of the reputable "No win no fee" claims services as an alternative. The obvious proviso here is that if you win, your compensation will be lower than doing it yourself.

[Deleted User]

£60 court fee is a lot less then any claim firm would charge, but can anyone say roughly how many hours of my time would be involved in pursuing through MCOL?

JPears

[quote=[Deleted User];74563857]Thanks all, sounds like MCOL is the way to go then. Have people's experiences of ADR (the method recommended on this site) not been good then?[/QUOTE]
There have been some weird results from ADRs both for and against the claimants.
One of the biggest problems appears to be enforcement of the decision in terms of payment as the ADR has no legal powers to get an airline to pay up.

Tyzap

[quote=[Deleted User];74563920]£60 court fee is a lot less then any claim firm would charge, but can anyone say roughly how many hours of my time would be involved in pursuing through MCOL?[/QUOTE]

I'm not sure if Norwegian are members of an ADR scheme or not, they don't seem to be on the CAA list.

If they are in an ADR scheme use that, if not issue a NBA giving them one last chance before you commence court action if they do not pay you PDQ.

Staff sickness is not an EC in this case as the aircraft did depart, just went without any passengers!

Good luck.

peter_333

Tyzap wrote: »

Staff sickness is not an EC in this case as the aircraft did depart, just went without any passengers!

It could be that one or more rostered flight attendants called in sick (potentially last minute) so while pilots were able to fly the route, they possibly didn't have cabin staff to run a passenger carrying service.

Not suggesting such a situation would constitute an EC, but it would explain why the plane still departed.