Nba

lyndac40

Hi everyone looking for advice,

This is my next letter to be sent to United Airlines NBA. I just wanted to check if there is anything I should add or anything that needs to be taken out.

Thank you Lynda x


United House Building 451,
Southern Perimeter Road
London Heathrow Airport
Hounslow
TW6 3LP

Delayed Flight Compensation - Notice before Action
Flight number: UA3242
Date:
Booking Ref: RCMXT6
Passenger names: Mrs XXXXX, Mr XXXXX, Mrs XXXXX, Master XXXX
Amount claimed: 600 euros per passenger total 2400.00 euros

Further to my letter dated 3rd April 2013

I am writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving Edinburgh 1 hour 57 minutes and we arrived in Newark NJ late. This caused us to miss our connecting flight Number UA 7460 to Chicago O’Hara and also our connecting flight Number UA 6918 to Lansing City. We should have arrived in Lansing at 21.38pm on the 23/06/2010 because of the delay we did not land in Lansing until 24/06/2010 causing a 16 hour delay in us reaching our destination.

I am aware that judgement has been handed down in the current ECJ EC) No 261/2004 – Articles 6 and 7 – Connecting flight(s)case (C-629/10) on October 23rd 2012, further judgment Case C-22/11 Finnair Oyj v Timy Lassooy is authority for the proposition that the knock-on effect of extraordinary circumstances from a previous flight does not create extraordinary circumstances on your flight, Finally in a German case Xa ZR 15/10 the BGH held that the airline must show that it exhausted all efforts to avoid a delay by any means available to it including, for example, having available spare aircraft, which your airline has failed to do. and I wish to proceed with my claim

We were informed that the flight was delayed due to the flight arriving from Newark late by the ECJ to be unlikely to be held as a valid defence to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours sincerely

Vauban

lyndac40 wrote: »

Hi everyone looking for advice,

This is my next letter to be sent to United Airlines NBA. I just wanted to check if there is anything I should add or anything that needs to be taken out.

Thank you Lynda x


United House Building 451,
Southern Perimeter Road
London Heathrow Airport
Hounslow
TW6 3LP

Delayed Flight Compensation - Notice before Action
Flight number: UA3242
Date:
Booking Ref: RCMXT6
Passenger names: Mrs XXXXX, Mr XXXXX, Mrs XXXXX, Master XXXX
Amount claimed: 600 euros per passenger total 2400.00 euros

Further to my letter dated 3rd April 2013

I am writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving Edinburgh 1 hour 57 minutes and we arrived in Newark NJ late. This caused us to miss our connecting flight Number UA 7460 to Chicago O’Hara and also our connecting flight Number UA 6918 to Lansing City. We should have arrived in Lansing at 21.38pm on the 23/06/2010 because of the delay we did not land in Lansing until 24/06/2010 causing a 16 hour delay in us reaching our destination.

I am aware that judgement has been handed down in the current ECJ EC) No 261/2004 – Articles 6 and 7 – Connecting flight(s)case (C-629/10) on October 23rd 2012, further judgment Case C-22/11 Finnair Oyj v Timy Lassooy is authority for the proposition that the knock-on effect of extraordinary circumstances from a previous flight does not create extraordinary circumstances on your flight, Finally in a German case Xa ZR 15/10 the BGH held that the airline must show that it exhausted all efforts to avoid a delay by any means available to it including, for example, having available spare aircraft, which your airline has failed to do. and I wish to proceed with my claim

We were informed that the flight was delayed due to the flight arriving from Newark late by the ECJ to be unlikely to be held as a valid defence to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours sincerely

Lynda,

I think the structure is fine. But - though everyone cites it here - I'd be really careful about over-relying on the Finnair case. It doesn't (in my view) demonstrate quite what you think. And I wouldn't bother citing the German courts: they hold no water in the UK. If you feel the need to quote European Court case precedents, Wallentin and Sturgeon are the ones to go for. Or you could even keep it simple, and say the airline has failed to demonstrate ECs in line with the regulation, and that they have 14 days to do so.

Vauban

lyndac40

Hi Vauban,

Thank's for you reply. Is there anyway you could point me in the right direction to the Wallentin and Sturgeon case i need it took me ages to find the 2 I have put in the letter. United airlines have not replied to my first letter yet so I dont even know if they are claiming ECs. I am just getting myself prepared to send this letter of next week when the original 14 days are up.

Thanks again

Lynda x

Vauban

lyndac40 wrote: »

Hi Vauban,

Thank's for you reply. Is there anyway you could point me in the right direction to the Wallentin and Sturgeon case i need it took me ages to find the 2 I have put in the letter. United airlines have not replied to my first letter yet so I dont even know if they are claiming ECs. I am just getting myself prepared to send this letter of next week when the original 14 days are up.

Thanks again

Lynda x

I think there are links to them in the FAQs. Otherwise just google.

Centipede, Mark2spark and I had a good debate on these judgements in the Monarch thread a couple of days ago. Well worth a read, as they will form the heart of your defence.

lyndac40

Hi vauban,

Thanks i will look in FAQs. i will read the Monarch thread i have looked but i just skimmed through it.

Lynda x

Vauban

lyndac40 wrote: »

Hi vauban,

Thanks i will look in FAQs. i will read the Monarch thread i have looked but i just skimmed through it.

Lynda x

https://forums.moneysavingexpert.com/discussion/4384583

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