Compensation for delayed flights Discussion Area

JPears

£190? I'd go for it then

ellenpal

Yes, you settled it for me. I took the chance and told them I am expecting the interest payment as well. I mean, what do I have to lose? Nothing really. I have already waited this long so if I do have to take it to court, it's no real hassle. Fingers crossed!

ellenpal

I will keep you posted!

bjell

After following the process and filing a claim on MCOL (thank you for the help, Vauban et internet!), Norwegian have agreed to pay my claim in full. They sent me a 'without prejudice' email a few days after I filed the claim. They indicate that I must confirm back to them within the next week and file a Notice of Discontinuance at the County Court Business Centre. Given that I haven't been paid yet, is this the proper procedure? Am I exposed if I file a 'Notice of Discontinuance' and they decide to not pay me? Is a 'Notice of Discontinuance' the same as 'Judgment by Acceptance'? Are they trying to be sneaky and not have a judgment entered against them?

JPears

They are trying to avoid a judgement.
If you have their admission of liabilty recorded and that they will pay you, then do as they ask. BUT ensure you demand payment is made and cleared to your account within 14 days (10 work days) and get that ageement in writing/email. If they won't play ball then neither do you.
If you discontinue andthey don't pay, start the legal process again, ill cost them more athey won't have a legal leg to stand on.

Vauban

I'm not sure I agree. If you discontinue it isn't straightforward to simply file a new claim. You need the permission of the court. And whilst I'm sure you'd get it, it's an extra faff. Far better to keep the current claim live until you get your money - and only then discontinue. Doing it this way also keeps the airline focused on making the payment: you have personal experience of how interested they are in your claim when you're not engaged in legal action ...

JPears

The ever knowledgeable Vauban . I didn't know you needed permission to re-submit a claim due to failure to pay.
How bizarre?
Would it not be more sensible for the claimant to have the ability to suspend the court procedure until promised payment is received?

legal_magpie

Under no circumstances should you discontinue as this is dropping your claim and it would be difficult to start again. Claims are discontinued only when the Claimant realises he’s on a loser and wants to avoid more costs.
If Norwegian want to avoid a judgement the correct method is via a Tomlin order. As the offer is without prejudice you should simply refuse and wait to see if they file a defence. If not, you can enter judgement.

JPears

Shows how much I know....;)

summerishere11

Hi.

We flew from Madrid to London and had a connecting flight from London to Aberdeen on the 14th of June. Our first flight was delayed due to technical fault which made us miss our connecting flight and we arrived in our final destination (Aberdeen) 3h 20 min late. What I am confused about is the amount we can claim.
Distance from Madrid-London about 1260km ( under 1500km 250euros per person)
Distance from Madrid- Aberdeen (final destination) about 1900km ( between 1500-3500km 400 euros per person)
We made our claim through resolver using Vauban guides "Great Circle Method" of 400 euros per person. We didn't receive any reply from Iberia in that process and then the case went to AESA, who have finally come back with that they agree that the air carrier should pay us compensation, but of 250 euros per person ( the distance from Madrid to London not the distance from Madrid to our final distance Aberdeen )
I think our next step will be to send Iberia a NBA letter, but I am a little confused which amount I am claiming for after the letter I received from AESA. Any help is appreciated. Thanks