Court success thread

NoviceAngel

Congrats Heather, indeed a victory worth celebrating. It's also really good to see an airline face there responsibility and actually pay a claim, without the need for a court hearing, although it would have been better if you hadn't had to go to these lengths to recover your compensation.

A great story, just spare a thought for us that are up against Jet2, we'll get there and join your party soon.

Cheers

NoviceAngel

JPears

heather_p03 wrote: »

Firstly I must thank everyone on the TC forum for their help and also for the support given to all. It enables people to believe that they can indeed take on the big firms.

After the ever so familiar story involving extraordinary circumstances and MOT's, CAA ... (you know the rest) I submitted a claim via MCOL.

The hearing was listed for 16th December 2013.
On 12th November we received a letter with an offer to settle 'without prejudice' for the full amount plus the initial court fee.

We were happy to accept this and sent off a letter of acceptance and waited for the cheque to arrive.

It arrived 29th November (after a couple of phone calls to chase it up).
Court hearing is now cancelled and the cheque has cleared.

If you are certain that you have a claim, then you should persevere if at all possible.

Again, thanks to my fellow MSEers. :T

Congratulations :T:beer:

jan78wor

We have just had a letter from Virgin Atlantic agreeing to settle out of court including court fee and interest. We are extremely pleased after a delay of 27 hours Miami to London in 2011

Tyzap

Following on from my previous post above, No. 383.

As stated in the above post, I had initially asked the CAA to investigate my claim against Qatar Airway but ran out of patience waiting for a reply. I asked Botts to take over my claim which they have done successfully.

I have today received the following email from the CAA who seem to have continued their investigation after ignoring my request to discontinue the claim.

RE: Qatar Airways

Thank you for your patience with us while we investigated your complaint about the delay of flight QR046 on 29 October 2010.

From the information given it appears that you missed a connecting flight due to disruption to your first flight. In our view, missed connections outside the European Union on a non-EU airline are within the scope of EC261/2004 (the European Union law on delayed and cancelled flights) and could give rise to compensation, depending on the circumstances which led to the disruption. Qatar Airways takes a different view that missed connections outside of the European Union on a non-EU airline are not covered by EC261/2004.

Due to the difference of opinion between the airline and us on the interpretation of the law, we are unable to take your case any further on the compensation part of your claim. We will now close your file.

I understand that this may be disappointing for you. You do still have the option of going to court. If you wish to pursue this further, you can find information on how to take court action at XXXXXX

We are unable to enter into further correspondence on this issue, but if you have further comments on your case, you may wish to look at our code of practice for complaint handling, available at XXXXXX

Yours sincerely

If ever evidence was needed to show how ineffectual the CAA are, this is it.

If I had not asked a NWNF company to assist me I would have just wasted a huge amount of time due to the CAA.

I hope this acts as a warning to anyone contemplating going down that particular road.

JPears

Tyzap wrote: »

Following on from my previous post above, No. 383.

As stated in the above post, I had initially asked the CAA to investigate my claim against Qatar Airway but ran out of patience waiting for a reply. I asked Botts to take over my claim which they have done successfully.

I have today received the following email from the CAA who seem to have continued their investigation after ignoring my request to discontinue the claim.

RE: Qatar Airways

Thank you for your patience with us while we investigated your complaint about the delay of flight QR046 on 29 October 2010.

From the information given it appears that you missed a connecting flight due to disruption to your first flight. In our view, missed connections outside the European Union on a non-EU airline are within the scope of EC261/2004 (the European Union law on delayed and cancelled flights) and could give rise to compensation, depending on the circumstances which led to the disruption. Qatar Airways takes a different view that missed connections outside of the European Union on a non-EU airline are not covered by EC261/2004.

Due to the difference of opinion between the airline and us on the interpretation of the law, we are unable to take your case any further on the compensation part of your claim. We will now close your file.

I understand that this may be disappointing for you. You do still have the option of going to court. If you wish to pursue this further, you can find information on how to take court action at XXXXXX

We are unable to enter into further correspondence on this issue, but if you have further comments on your case, you may wish to look at our code of practice for complaint handling, available at XXXXXX

Yours sincerely

If ever evidence was needed to show how ineffectual the CAA are, this is it.

If I had not asked a NWNF company to assist me I would have just wasted a huge amount of time due to the CAA.

I hope this acts as a warning to anyone contemplating going down that particular road.

And will you forward a congratulatory letter to CAA, complimenting them on their complete inability to anything?

jacques_chirac

Tyzap wrote: »

Following on from my previous post above, No. 383.

As stated in the above post, I had initially asked the CAA to investigate my claim against Qatar Airway but ran out of patience waiting for a reply. I asked Botts to take over my claim which they have done successfully.

I have today received the following email from the CAA who seem to have continued their investigation after ignoring my request to discontinue the claim.

RE: Qatar Airways

Thank you for your patience with us while we investigated your complaint about the delay of flight QR046 on 29 October 2010.

From the information given it appears that you missed a connecting flight due to disruption to your first flight. In our view, missed connections outside the European Union on a non-EU airline are within the scope of EC261/2004 (the European Union law on delayed and cancelled flights) and could give rise to compensation, depending on the circumstances which led to the disruption. Qatar Airways takes a different view that missed connections outside of the European Union on a non-EU airline are not covered by EC261/2004.

Due to the difference of opinion between the airline and us on the interpretation of the law, we are unable to take your case any further on the compensation part of your claim. We will now close your file.

I understand that this may be disappointing for you. You do still have the option of going to court. If you wish to pursue this further, you can find information on how to take court action at XXXXXX

We are unable to enter into further correspondence on this issue, but if you have further comments on your case, you may wish to look at our code of practice for complaint handling, available at XXXXXX

Yours sincerely

If ever evidence was needed to show how ineffectual the CAA are, this is it.

If I had not asked a NWNF company to assist me I would have just wasted a huge amount of time due to the CAA.

I hope this acts as a warning to anyone contemplating going down that particular road.

Can I suggest forwarding this to Watchdog? It won't change anything, but I'm sure they would be interested to confirm just how useless the CAA are, and I have no doubt this will still be going on when the next series starts!

David_e

jacques_chirac wrote: »

Can I suggest forwarding this to Watchdog? It won't change anything, but I'm sure they would be interested to confirm just how useless the CAA are, and I have no doubt this will still be going on when the next series starts!

How about sending to the Minister for Consumer Affairs?

Which Minister is charged with oversight of CAA? Transport? Try them too.

OldManAhoy

David_e wrote: »

How about sending to the Minister for Consumer Affairs?

Which Minister is charged with oversight of CAA? Transport? Try them too.

Hi. Secretary of State for Transport, currently Patrick McLoughlin. Anybody in the Derbyshire Dales constituency I think he's the mp there.

Tyzap

David_e Well done! Why do you suppose it takes 6 weeks to write a cheque?!

In reply to your question, it seems that some airlines require a RELEASE & DISCHARGE form completing prior to releasing funds, as in this case. They have to be independently witnessed.

Then time is built in for chasing up if they drag their feet and are slow to pay up. Although 42 days is quoted I'm told it doesn't usually take that long.

martin1372

Today I banked a cheque from TC for £1800. I initially claimed 1600euroes for the delay for my party of 4 from Glasgow to Antalya during July 2008. I wrote my first letter to TC 13months ago and got all the normal replies that have been quoted on may occasions.
I commenced legal action. Thomas Cook represented by Simpson & Marwick. They tired to put me off by stating I would be liable for all expenses- in Scottish Courts it is 10% of amount claimed.
Went to court on 31/10/13. TC solicitor started by stating only I could claim. Sheriff consulted legal book called McPhail and ruled that all 4 of us could claim. TC solicitor then stated was extraordinary circumstances due to electronic circuit board failure. Sheriff did not believe this and stated to TC solicitor that how could this be extraordinary. I also used the Huzar case. TC solicitor then said this type of happening could not be compared to say servicing a car. I got up and handed him TCs letter which many people have received and told the sheriff that even TC did not seem to agree to what their solicitor was stating. The sheriff looked over to TC solicitor and told him that this does not help his case. Got to 3.30pm and neither of TCs witnesses had been called. The case was adjourned until 5/12/13.
I then received an offer of £1800 which I accepted.
The message is persist and you will eventually win.