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Air Canada won't pay out...

Hi all.

Just got a sad e-mail from Air Canada with the following statement;

"Thank you for your correspondence, from which we were sorry to learn that you were among our passengers whose travel plans were disrupted due to the delay of our flight AC 859 on the 12th September 2009.

All claims must be made in writing within specific time limits. Under the Montreal Convention, passengers must have notified the carrier within 2 years of travel that they intend to pursue a claim with us. As your claim was submitted beyond the time limits, we must respectfully decline your claim."

Where do I go from here? Martin was adamant on TV that under EU regulations this is a no brainier and we follow within the rules, I mean it was an airport within the EU, Heathrow.

Don't know what to do next. All I know is that I could use those extra quid.

Any ideas?

Thank you all.

Albert & Rachel

:mad:
«1

Replies

  • JPearsJPears Forumite
    5K Posts
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    erm try reading the FAQs, up top?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Mark2sparkMark2spark Forumite
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    The EU261 regulation operates before the Montreal Convention, therefore the time limit is 6 years in England.
  • albertc30albertc30 Forumite
    10 Posts
    Mark2spark wrote: »
    The EU261 regulation operates before the Montreal Convention, therefore the time limit is 6 years in England.

    Just got the following e-mail from them;

    We acknowledge receipt of your correspondence of 12th June 2013. We take note of your comments, however they do not alter our position. Your claim for compensation under the EU Regulations cannot be accepted by Air Canada. We hope that all your future travel will be uneventful. Thank you for contacting our office and we apologize for any disappointment caused. Sincerely, Customer Relations UK

    How should I proceed now?

    Any advise welcome please.

    Thank you.

    Albert
  • lyndac40lyndac40 Forumite
    463 Posts
    Tenth Anniversary 100 Posts Combo Breaker
    Hi Albert,

    NBA and Court is the only way to go. If you want to take this further.

    Lynda
  • albertc30albertc30 Forumite
    10 Posts
    lyndac40 wrote: »
    Hi Albert,

    NBA and Court is the only way to go. If you want to take this further.

    Lynda

    I'm already filling out a N1 form to sent out to the small claims court.

    What is NBA?

    Thank you.
  • lyndac40lyndac40 Forumite
    463 Posts
    Tenth Anniversary 100 Posts Combo Breaker
    Hi Albert,

    You wont need NBA then if you have already started court possess. NBA is Notice Before Action.

    Lynda x
  • Hi Lynda.

    I have enrolled with the online money claim.

    I have started the claim process but have saved as I need to get all facts correct and then proceed.

    Would this be standard procedure? Would I need a NBA before going to small claims court?

    Many thanks for your advise.

    Albert.
  • lyndac40lyndac40 Forumite
    463 Posts
    Tenth Anniversary 100 Posts Combo Breaker
    HI albert,

    I really am not sure if you need to send NBA before starting money claim. I am going through the small claims court as I am in Scotland and cant use money claim. Maybe you should have a quick read through the Taking an airline to court thread.

    Lynda x
  • Mark2sparkMark2spark Forumite
    2.3K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    Hold fire Albert!!
    In order to comply with court pre action protocols, you have to give them notice (NBA) (14 days) that if they don't cough up then you're off to court.
    NBA template in the FAQ's.
    Also quote the More case to them as part of this NBA.
    The More case quite clearly states that the EU261 reg operates before the Mont Conv.
  • albertc30albertc30 Forumite
    10 Posts
    I was pointed out these FAQs but where on earth are they?

    I am expecting my first time prescription glasses this Monday coming.

    It might be why I can see the d*** thing, sorry.

    Will keep on looking.

    Many thank everybody.

    Albert
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