Compensation for delayed flights Discussion Area

thalia22

Thalia22
References posts #2016, #2017, & #2018. Just to keep you updated and informed, I issued a 7 day final notice of Court action to Iberia Airlines registerd UK office on the 23/10/2012, via Post Office recorded delivery, which was signed as received. As expected no response or acknowledgement has been received to date. Hence I have posted off today the 31/10/2012 the NI claims form, addressed to the Northampton County Court, and sent to the County Court money claims centre, PO Box 527, Salford, M5 0BY.

The ball is now in Iberia's hands, and I await the outcome. As it is nearly 2 years since the original incident and claim, it now still could take a further 6 months to resolve, but I will not back down. As I have pre formed my comprehensive legal case, I will keep this forum informed of any progress.

clevertrevor37

Centipede100 wrote: »

If you only have the flight number and pax names, I believe you are unlikely to receive any compensation. Why do I say that? Well I may be wrong but the airline is unlikely to give out the information you require to make a claim against that same airline and if you hadn't raised the prospect of a claim with the airline since the time you took the flight (remember the EU judgement introducing the notion of flight delay compensation was handed down in November 2009) the airline may take the line of ignoring you completely.

Thanks Centipede I do understand your reasoning but the judgement was backdated to 2004 when it was passed in 2009 and has been on hold pending appeals until last week, as to the information needed then surely if I make a claim and I was on that flight are they not legally obliged to confirm that.

clevertrevor37

I believe claims can be made for flights departing 17/02/2005 or later

blindman

Conan wrote: »

Hi everyone,

firstly, thanks to all those who have already posted regarding their experiences and given advices, they helped me getting in the picture before I start my own claim:beer:
A few months ago I got my flight with Wizzair delayed by about 10 hours and I am now seeking compensation for the delay and the poorly handled situation, so I'd like to ask a few questions.

1) Has anyone claimed compensation with Wizzair yet? With which results? Which address should I send the letter to? The Hungarian registered address?

:T

Is this the flight that is mentioned at FlightMole?

Apbir

Dear all,

I flew from Chania, greece tofor gatwick last night by easyjet.the flight was delayed by 7 hours and 15 min. The delay was due to the technical failure and we were flown by alternative easyjet flight.

I was wondering whether I am eligible for compensation (€400 per person)? Your advice will be if great help.many thanks in advance

cubegame

How about this one?

We flew US Airways to Charlotte in late 2011 and ended up sitting at Gatwick for 5 hours due to a fault with the flight management computer. According to the pilot, they were seeking a replacement but were unable to source one and had spent the time testing the faulty one to see if the fault would repeat. They took off once the were satisfied the fault would not re-occur.

I used US Airways online complaint form and sent a version of the CAA template requesting the 600 euro compensation x 2.

The reply I received was that they were not liable for compensation as the fault occurred despite the regular maintainance programme. There words were " carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay".

Although they have denied liability for compensation they have offered us 2 x $600 travel vouchers as a gesture of goodwill.

What is everyone's opinion on this one? Accept the voucher or do we have cause for argument? I have found examples of US Airways customers who state that the gesture of goodwill was increased when they initially rejected it......

chyperie

cubegame wrote: »

How about this one?

We flew US Airways to Charlotte in late 2011 and ended up sitting at Gatwick for 5 hours due to a fault with the flight management computer. According to the pilot, they were seeking a replacement but were unable to source one and had spent the time testing the faulty one to see if the fault would repeat. They took off once the were satisfied the fault would not re-occur.

I used US Airways online complaint form and sent a version of the CAA template requesting the 600 euro compensation x 2.

The reply I received was that they were not liable for compensation as the fault occurred despite the regular maintainance programme. There words were " carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay".

Although they have denied liability for compensation they have offered us 2 x $600 travel vouchers as a gesture of goodwill.

What is everyone's opinion on this one? Accept the voucher or do we have cause for argument? I have found examples of US Airways customers who state that the gesture of goodwill was increased when they initially rejected it......

According to CAA "You will be entitled to compensation unless the delay was outside of the airline’s control and the airline refers to the “extraordinary circumstances” clause in Regulation EC261/2004."


The regulation that covers passengers rights when their flights are delayed or cancelled gives the following examples as such circumstances:
· Political instability
· Bad weather
· Security risks
· Unexpected flight safety shortcomings
· Strikes that affect the operation of an air carrier
· Air traffic management decisions


Surely if technical problems were an “extraordinary circumstance" surely it would be included in the list. If technical problems were included I'm not sure what delays would be left to claimed for!

Has anyone received financial compensation in respect of a delay due to a technical problem?

LBD

Centipede100Why would you write again if you have already given notice of legal proceedings?

If you have given them 14 days to settle, you should wait until the expiry of that deadline before you start a claim via MCOL or via form N1 available directly from your local county court.

purely to remind them and also show the court the efforts gone too for settlement without involving the court!

LBD

here is the reply received from Monarch with regards the claim.

Thank you for your further email. I apologise if you feel I was avoiding giving you a timescale in which your claim will be processed. This is due to me waiting on a response from the EU Team who are dealing with Claims. I am afraid at the moment I cannot give a time frame for assessing your claim. Assement procedures for determining the cause of delay are still being implemented.

Kind regards

Kathleen. Hannon..

Odd as I have a letter from them given at the time of the delay telling us it was a problem with the aircraft!!.... have a feeling this is delaying and obstruction tactics...

chyperie

Centipede100 wrote: »

Since the legal challenge to flight delay compensation was defeated only last week, it would seem unlikely...

Ah yes, silly me :rotfl: