Compensation for delayed flights Discussion Area

legal_magpie

Date of knowledge doesnt apply to cases such as this but acknowledgement of a debt does as it starts time running again. An example is when a creditor writes to a debtor 5 years after the debt became repayable. If the debtor admits that the debt is owed, expressly or impliedly by, say, making a part payment, the 6 years starts again from the date of acknowledgement. Most lawyers and consumer advisors think that this is unfair especially as very many old debts are bought up by companies. So unless you have proof that the airline admitted that it owed you the money, within the 6 years, (ideally in writing)Im afraid you wont succeed.

fred62

BA flight from Italy to UK in 2014 - compensation declined by BA as arrival only 2h 59m - so less than the statutory 3hours. However looking on MSE info for my son who just had 4.5hour delay I noticed a court said the time stops when the first door is opened not when the wheels touch down. this was just after I'd applied but was set as what should happen. So I reapplied to BA and within a week BA have accepted my claim and paying £443.56. RESULT, THANKS TO MY SON AND MSE.

Lynthejock

I am currently seeking compensation from ASL Airlines France who were hired by Thompsons. The flight delay was nearly six hours. Bott and Co and Euro claim have said they do not have jurisdiction in Scotland. Can anyone give me the name of a Scottish company that deals with compensation. Also been told that Thompson are dreadful at paying compensation even when told to by the courts?
Thanks
Lynda

popey1

BA have paid €500 compensation for our 3 hour + delay on 29th June 2017.
Flight number was BA 2792 Gatwick to Limoges if anyone else was on this flight.:j

Lynthejock

I am looking for a Scottish company to take on my flight delay claim as Bott and Co and EU claim said they have no jurisdiction in Scotland. Can anyone recommend a good company?
Thank you
Lynda

Andrew_Tierling

Having had a flight from New York to Gatwick with Norwegian cancelled on new years eve we were eventually booked onto a replacement flight the following day.

The replacement flight was run by HiFly and was a terrible experience. We were delayed on the ground for 4 hours because they identified a water leak. They drained the tanks, fixed the leak, filled the tanks then found another leak. After trying to fix this they gave up. Then a couple decided that they wanted t get off the flight which they were entitled to do so we had to wait for bags to be found and taken off the plane. Then the doors weren't closed properly so another wait while they sorted that out. While all of this was going on we were offered one glass of water - not ideal when travelling with two small children.

When we eventually took off it was no water on board apart from whatever bottles of water they could get their hands on. Needless to say, it ran out quickly and the toilets were an absolute disgrace halfway through the flight.

Now I know that I can claim for the original cancelled flight but would I be entitled to claim for the delay to the second (replacement) flight?

Tyzap

Andrew_Tierling wrote: »

Now I know that I can claim for the original cancelled flight but would I be entitled to claim for the delay to the second (replacement) flight?

Hi Andrew,

What were your two flights numbers and dates?

If the HiFly flight was not classed as the delayed Norwegian flight you may be able to claim twice, in which case you would have one claim from HiFly and one from Norwegian.

HiFly tend to be used for wet leases, brought in as a replacement when airlines have technical problems that prevent use of their own aircraft.

Good luck.

Andrew_Tierling

Hi Tyzap

Thanks for replying so quickly.

Original cancelled flight was - DY7016 from New York JFK to London Gatwick on the 31 Dec 2017

Delayed replacement flight - DY7816 from New York JFK to London Gatwick on the 1 Jan 2018

Andy

jpsartre

This kind of situation has come up before in here and opinions differ. But in my view these are two distinct events, each of which would be compensatable.

Tyzap

Andrew_Tierling wrote: »

Hi Tyzap

Thanks for replying so quickly.

Original cancelled flight was - DY7016 from New York JFK to London Gatwick on the 31 Dec 2017

Delayed replacement flight - DY7816 from New York JFK to London Gatwick on the 1 Jan 2018

Andy

Hi Andrew,

I'm not sure about the legality of the HiFly aircraft being allowed to depart in such a state, but that's a different story.

There is no clear cut answer as to whether it was a cancellation or a delay, each case must be looked at on it's own merit.

I would put in a claim to both airlines and see how it goes.

Have a good read of Vaubans guide, details below. There are some links, towards the end, which are of interest.

Good luck.