Compensation for delayed flights Discussion Area

Shona99

disney_cjd wrote: »

The County Court rule is new I think. The helpful people on Flight Mole I think said that the Attorney General had to do approve this route. Maybe he has?

I believe the mention on Flightmole to the Attorney General (UK) was that if a member of the public wished to bring a criminal prosecution ( as opposed to civil action) in the Magistrates Court for a criminal/regulatory breach of EC 261/2004 there was a question whether this was allowed. ( The Attorney General in the UK has to give leave to allow private prosecutions in criminal matters).

There always has been the option to take County Court ( civil) action against an airline under EC 261/2004 and many people have and continue to do so-many of these actions are described on Flightmole

Iberia06

Having 'pursued' Iberia Airlines through the AUC for compensation due to our flight to Lima via Madrid being overbooked last June (my daughter and myself), we have finally been sent a cheque for £293.03 (304 euros). To my way of thinking the compensation should have amounted to 600 euros each? We were re-routed onto an American Airlines flight which tok us via Miami.
The OA delay in the flight was of the region of 9 hours arriving at our hotel in Lima at 0.30hrs when we should have arrived at 15.00 hrs the previous day (trip total approx 21 hrs). We then had to rise at 05.30 to join the rest of our party on a very wet 'jungle experience'. The first two days of our holiday were ruined because of lack of sleep and stress caused by travelling.
Am I right in thingking we have a legal right to 600 euros each?
Can't say we'll be travelling with Iberia again, they have procrastinated to the extreme and it seems that this is just another delaying tactic.

DUKE

Iberia06 wrote: »

Having 'pursued' Iberia Airlines through the AUC for compensation due to our flight to Lima via Madrid being overbooked last June (my daughter and myself), we have finally been sent a cheque for £293.03 (304 euros). To my way of thinking the compensation should have amounted to 600 euros each? We were re-routed onto an American Airlines flight which tok us via Miami.
The OA delay in the flight was of the region of 9 hours arriving at our hotel in Lima at 0.30hrs when we should have arrived at 15.00 hrs the previous day (trip total approx 21 hrs). We then had to rise at 05.30 to join the rest of our party on a very wet 'jungle experience'. The first two days of our holiday were ruined because of lack of sleep and stress caused by travelling.
Am I right in thingking we have a legal right to 600 euros each?
Can't say we'll be travelling with Iberia again, they have procrastinated to the extreme and it seems that this is just another delaying tactic.

I think they could pay up to 600 euros for cancelled flights not delayed

dzug1

DUKE wrote: »

I think they could pay up to 600 euros for cancelled flights not delayed

It wasn't a delayed or cancelled flight - it was overbooked. OP IS entitled to the 600€ compensation.

Maybe they 'overlooked' there being two passengers.

DUKE

dzug1 wrote: »

It wasn't a delayed or cancelled flight - it was overbooked. OP IS entitled to the 600€ compensation.

Maybe they 'overlooked' there being two passengers.

Sorry - I need to learn to read properly instead of skimming, here's me banging on about cancellations and it's the delayed flight thread - cheeks burn with shame

Yes dzug, it sounds like that may have happened - I'd get onto them again.

Cash-Is-King

I read a good article in The Guardian yesterday about this. There is a firm that will pursue your claim (for a 27% fee - no claim no fee). The log every flight canceled/delayed and then use this to put it to the airlines. It seems, according to the article, that certain airlines ALWAYS have cancellations on certain routes. The airlines put on the flights and if not enough bookings arrive the pull the flight. Bad news if you are one of the few who had booked. The companies website is this>>> https://www.euclaim.co.uk

and the The Guardian article in full is here - I think you will find this good reading good luck >> http://www.tiscali.co.uk/money/guardian/news/2008/07/12/airlines-flying-in-the-face-of-truth.html

Shona99

Cash-Is-King wrote: »

I read a good article in The Guardian yesterday about this. There is a firm that will pursue your claim (for a 27% fee - no claim no fee). The log every flight canceled/delayed and then use this to put it to the airlines. It seems, according to the article, that certain airlines ALWAYS have cancellations on certain routes. The airlines put on the flights and if not enough bookings arrive the pull the flight. Bad news if you are one of the few who had booked. The companies website is this>>> www.euclaim.co.uk

and the The Guardian article in full is here - I think you will find this good reading good luck >> http://www.tiscali.co.uk/money/guardian/news/2008/07/12/airlines-flying-in-the-face-of-truth.html

Why pay a dutch claims management company 27% when you can go to moneyonline and start a county court small claim yourself?

It seems that mostly airlines are insisting that passengers take airlines to court to obtain a pay-out where the passenger might have a legitimate claim. Airlines often "stonewall" legitimate claims and it needs court action to recover them. Airlines mostly pay up when court proceedings are started.

This claims management company says they can " take your claim to court". Maybe in the Netherlands this is allowed ( and it appears to be in Holland where they have been successfully leaning upon airlines) but only Solicitors can engage in court proceedings ( including filing proceeding) for a client in the UK.

Solicitors are also prohibited from pursuing "contingent fee" litigation under the Access to Justice Act 1999.

Therefore, if they are not Solicitors, they "cant take your claim to court" legally.
The Ministry of Justice has been clamping down on claims management companies engaging in bank charges recovery abusing court process.

If they "cant take the claim to court"-as they say- then a passenger is in a more powerful position to take action him/herself-its quick and easy-and it seems to work if you read acounts shared on flightmole's forum-and they dont need to end up paying 27%.

Im very surprised that the Guardian journalist didnt raise this point.

There is always the danger of firms "cherry-picking" those claims which are easiest and leaving the majority of passenger still in the lurch where the airline insists upon court proceedings-which appears the case in the UK. If court action isnt taken-like bank charges-nothing changes-yet the "compensation tariff" for cancellation is just one aspect where airlines are not adhering to EC 261/2004.

The claims management companies are not interested in other aspects such as the reasonableness of a re-routing offering following a cancellation-they need to sidestep that and other issues. If this is sidestepped, and airlines are not confronted about these other issues, then the lot of air passengers is not improved.

aminn

Hi All,

Was wondering if anyone can help me?

My parents went to Canada recently and flew with Air Canada. On their way back their flight was delayed and then they were told they couldnt get on cos a small plane had come instead of a large one. They were put on the next plane but the delay/refused boading means they were over 4 hours late on arrival.

We wrote to Air Canada and mentioned about the EU regulation but they said that as they were not an EU carrier they didnt have to offer anything and didnt! There were ohter passengers that were offered $200 at the time but my parents weren't offered anything at the time and found out after that others were offered this cash.

Looking at what Martin posted I thought they would be covered under the EU regulation.....can anyone help? Should I write back and ask for something...and if so what are my parents entitled to?

Thanks

dzug1

aminn wrote: »

Hi All,

Was wondering if anyone can help me?

My parents went to Canada recently and flew with Air Canada. On their way back their flight was delayed and then they were told they couldnt get on cos a small plane had come instead of a large one. They were put on the next plane but the delay/refused boading means they were over 4 hours late on arrival.

We wrote to Air Canada and mentioned about the EU regulation but they said that as they were not an EU carrier they didnt have to offer anything and didnt! There were ohter passengers that were offered $200 at the time but my parents weren't offered anything at the time and found out after that others were offered this cash.

Looking at what Martin posted I thought they would be covered under the EU regulation.....can anyone help? Should I write back and ask for something...and if so what are my parents entitled to?

Thanks

Where was the flight TO? If it was an internal canadian flight then it is not covered by the EU regs.

If it was a transatlantic flight the delay has to be MORE than 4 hours before compensation kicks in.

Hendrik_Noorderhaven

Hi,

I would like to respond to Shona99. She is completely correct with your statement that only UK sollicitors can send a summons in the UK. We, EUclaim, cannot. We have engaged with the Dublin/London based law firm Lavelle Coleman to do this on our behalf.

EUclaim posseses a large unique databse that in many cases can clearly show that arguments from airlines why the refuse to pay compensation under Regulation 261/2004 are false. This combined with our in-depth knowledge of the Regulation and other legislation like the Convention of Montreal has resulted in succes in thousands of cases. All, without having to go to court once. This also surprised ourselves. Of course we do and will threaten to send a summons. But we hardly ever have to.

We also provide our database base knowledge to Legal Aid insurance companies and indepent sollicitors. WE are even contemnplating a service where privite citizens can acces our database, but that plan needs further development.

So do you need a UK sollicotor? Yes, and we will provide on our own expense. Do you always need advice from companies like us. Hell no, if you have clear evidence don't spend money and do it yourself. But in real life that take perseverance, time and sometimes money. Look at it as filling out your tax return forms. You can do it yourself or you ask an accountant. The choice is entirely up to each individual.