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Time Limits

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BA has rejected my September 2006 flight delayed claim as it was more than 6 years ago.

So I have been doing some research and there was a European case in November 2012 dealing with this vary point (C-139/11).

Essentially, it said that the applicable time limit is determined in accordance with the rule of that member state, being 6 for the UK.

I'm fairly sure this is the end of the road for my claim. But I know that Martin's page suggests a claim for a flight back to February 2005 might be possible, and he describes claims beyond six years as "difficult".

In my book difficult is not the same as impossible, so I'd like to keep going if I can, particularly as it could mean over 400 quid!

Has anyone successfully made a claim in the UK for a UK departing flight that is more than 6 years old? Care to share the secret?

Any tips much appreciated.

Comments

  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Seasideboy wrote: »
    BA has rejected my September 2006 flight delayed claim as it was more than 6 years ago.

    So I have been doing some research and there was a European case in November 2012 dealing with this vary point (C-139/11).

    Essentially, it said that the applicable time limit is determined in accordance with the rule of that member state, being 6 for the UK.

    I'm fairly sure this is the end of the road for my claim. But I know that Martin's page suggests a claim for a flight back to February 2005 might be possible, and he describes claims beyond six years as "difficult".

    In my book difficult is not the same as impossible, so I'd like to keep going if I can, particularly as it could mean over 400 quid!

    Has anyone successfully made a claim in the UK for a UK departing flight that is more than 6 years old? Care to share the secret?

    Any tips much appreciated.

    For pity's sake ... Read the FAQ's Seasideboy!!! Read the bloody FAQs!!!
  • Caz3121
    Caz3121 Posts: 15,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    the only way to get compensation after 6 years is if the airline voluntarily pays out. If they don't then there is nothing you can do about it as you cannot take them to court as the deadline for that is 6 years.

    I suspect most airlines will reject all claims over 6 years knowing there is nothing that can be done to overrule their decision.

    Just forget it and move on. Yes it would have been nice but you have not lost anything
  • I have had a payout past six years from Monarch. I argued that the law was not clarified sufficiently to make a claim until 2012 - they paid out when I sent a letter before action. ;)
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    I have had a payout past six years from Monarch. I argued that the law was not clarified sufficiently to make a claim until 2012 - they paid out when I sent a letter before action. ;)

    Grateful if you could post details on Monarch thread so as possibly to help others - flight details etc.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have had a payout past six years from Monarch. I argued that the law was not clarified sufficiently to make a claim until 2012 - they paid out when I sent a letter before action. ;)

    Yes, please expand. The law only came in, in 2005. So a delay before that didn't qualify for one. So it would appear that you were 'arguing' with Monarch before 6 years had elapsed between delay and payout?
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