Air Canada won't pay out...

albertc30

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:

JPears

erm try reading the FAQs, up top?

Mark2spark

The EU261 regulation operates before the Montreal Convention, therefore the time limit is 6 years in England.

albertc30

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

lyndac40

Hi Albert,

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

Lynda

albertc30

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.

lyndac40

Hi Albert,

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

Lynda x

albertc30

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.

lyndac40

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

Mark2spark

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.

albertc30

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