Court success thread

Mark2spark

Errr.... 2 hr & 33 min delay? Is that accurate?

Vauban

Mark2spark wrote: »

Errr.... 2 hr & 33 min delay? Is that accurate?

That was for the first leg of Lynda's flight, I think. The airline is basically resisting the Folkerts principle, if I recall.

Mark2spark

Ok, then Lynda needs to ignore that time definition and just state exclusively the delayed arrival time

lyndac40

Hi Mark and Vauban,

Yes mark Vauban is correct total delay was 16 hours because of missed connection because of first flight delay.

Funny how United Airlines have always answered my emails through their UNITEDAIRLINES.COM by snail mail and now that court action is pending they give me an email address.

Email will be sent back declining this offer.

Lynda x

stavros42

lyndac40 wrote: »

HI Everyone,

I just logged into my emails and have received this email from United Airlines.

Dear Ms. Combe:

We are in receipt of the lawsuit you filed in the ******* Sheriff Court regarding the 2 hour and 33 minute delay of your flight from Edinburg in 2010. Our records indicate that we have explained our position several times, which remains unchanged. In the interest of settling this case, I would like to offer each member of your family a $1,000 electronic travel certificate valid for one year from the date of issue toward a ticket on United Airlines. Please let me know if we can settle this matter out of Court.

Regards,


Victoria A. Durr
International Regulatory / Small Claims

So another step closer but not quite what we are looking for as I am not in the position to use an electronic voucher at this time or within the next year to go back to america as the flight have doubled in cost.
It works out at about £646 each.

Lynda x

Well done Lynda if you don't want their dollars just email them back and tell them you want the cash equivalent in £s, I'm pretty sure they don't want to go any further with this.

lyndac40

Hi Stavros vauban and Mark,

Here is my reply to United is there anything you think I should add or take away.

I would like to thank you for your offer of $1,000 electronic travel certificate valid for one year but we will not be accepting them. Although your records may indicate that you have explained your position several times and they may remain unchanged.
As our arrival time at our final destination was 16 hours later than it should have been. Caused by the initial 2 hours and 33 minutes delay from Edinburgh. Our flight was from Edinburgh which is within the EU so therefore the EU216\2004 does apply.

You will be aware of the recent judgement in the Grand Chamber of the European Court (Folkerts v Air France) that confirmed that Article 7 of Regulation (EC) No 261/2004 "must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time".

Therefore my position has not changed and I will be continuing with Court proceedings.

Mark2spark

Very good.
Everyone has their own terminology they would use. Doesn't make one persons better than others. But i would word the last line as:

In light of the above, my position has not changed, and I see no reason to discontinue with the Court proceedings, where the relevant wording from the above Folkerts v Air France case will be presented as part of the reply to your defence.


If you want, you could add some words that would indicate you would settle out of court for the amount claimed, plus costs, and either waive the interest or adjust to down to half the amount claimed?

lyndac40

Hi Mark,

Can you tell I am not used to this lol. Thanks for your input.

Lynda x

Mark2spark

None of us are lawyers Lyn

But ask away. Sometimes a few extra words can hammer home a point.

Would you be willing to settle out of court?
Sorry, I'm not up to speed on your details.

lyndac40

HI Mark,

I will give you a wee quick background, Our flights were bought on one through ticket from Edinburgh to Lansing MI via Newark and Chicago. As our flight from Edinburgh was delayed by 2 hours and 33 minutes we missed our connecting flight to Chicago and Lansing. We could not be booked on another flight until the next again day. So we were therefore 16 hours late in arriving at our final destination.
United first declined my claim because the delay was only 2 hours and 33 minutes. Then because the missed connection was outside the EU. This is the reason I started small claims court against United.

Lynda x

Just got an email pinged back she is out of the office till Monday so will keep you all posted.

Lynda x