Compensation for delayed flights Discussion Area

Lou_k161

Hi
I have emailed KLM regarding a flight delay in December 2009. The have replied saying that my claim is out of time according to the Montreal Convention of 1999. Article 35 which states you only have two years to make a claim. Is this correct? Thanks for any help

Sparks33

emptywallet wrote: »

I used the MSE template letter to claim EUR250 for a 5 1/2 hour delay. I posted the letter, a copy of my boarding pass, a copy of easyjet's email confirming the flight had been delayed (which customer services had sent automatically, the day after the flight) and a copy of the web page from flightstats.co.uk that stated the delay.

7 days later and I have received an email confirming easyjet are crediting me with EUR250 and apologising for the inconvenience.

Great customer service from easyjet and great advise from MSE - many thanks!

Emptywallet

Congratulations!
Can I ask what was the stated reason that your flight was delayed? Was it a 'technical difficulty'?

Mark2spark

LBD wrote: »

Mark2spark...........have you submitted your county court paperwork yet??...

I don't think we will be sent the new "claims" form as ours were amoung the first submitted..

I am sure I did read a couple of pages back that the CAA will contact airlines who have not settled within 28 days....

IMHO Monarch put that in the new claims info to "foil" claimants, as they are still stating in emails and on the phone a min 6-8 weeks..

It grates waisting the courts time with this, but sadly they are forcing the issue, such a shame "wasted courts costs" could not be included or added, it might just get them to move...

:)

No I haven't yet LBD, my latest stance is at post 2969

Lhughes_2

Can anyone tell me if the airline went bust can you still claim compensation anywhere?

WestHamDaz

Lhughes wrote: »

Can anyone tell me if the airline went bust can you still claim compensation anywhere?

Gimme your details and I'll do the claim for you if you want?

rusty_frog

Lhughes wrote: »

Can anyone tell me if the airline went bust can you still claim compensation anywhere?

Can't think of anywhere.

Dopey1980

richardw wrote: »

Interestingly, you haven't edited out your name from your posts, do you want to be identified on a public forum, airlines do read this!

I removed the whole post.

They are coughing up £300 cash for the derogatory remarks in the email.

Dopey1980

Centipede100 wrote: »

If this is the airline's stance, then send the Notice before Action letter giving the airline 14 days to settle and start your legal claim on expiry of the notice you give them. State in your claim that the airline has been wholly unreasonable in the way they have dealt with your claim and that you will be claiming costs. Keep their correspondence safe and when you put your witness statement together for the hearing, make sure that the correspondence is referred to and appended to your statement.

Regarding costs, will all costs be covered in the small claims court as my friend who won't help me has told me the max costs covered is £150. I don't want to end out of pocket if it drags on and costs come to more than £150..

This is all very confusing.
I went to see a lawyer today for 30 mins free legal advice. Although he doesn't deal with what he described as a civil matter he has referred me to two other solicitors just up the street from him. Even if I just got them to fill in the small claims court form for me I don't mind paying for an hour or so of their time... It's the costs thing that's worrying me now though.

Dopey1980

Lou_k161 wrote: »

Hi
I have emailed KLM regarding a flight delay in December 2009. The have replied saying that my claim is out of time according to the Montreal Convention of 1999. Article 35 which states you only have two years to make a claim. Is this correct? Thanks for any help

They tried that with me. Write back and mention the new ECJ ruling. They will most likely claim extraordinary circumstances, will close the file and you'll not get any further response from them.

Lou_k161

Centipede100 wrote: »

They are incorrect. The legal time limit to claim in the UK is 6 years from the date of the flight.

Thanks, I will email KLM back and see what response I get. I did find a useful document on the Internet which states that in the UK the time limit is 6years under the limitation act 1980 not the two years allowed under the Montreal convention.