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Compensation for delayed flights Discussion Area
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Centipede100 wrote: »IANAL but in the small claims track in Eng/Wales, defendants don't have to reveal the full defence on which they are going to rely in court until a given period of so many days in advance of a hearing which is included in the court's directions to the parties.
Since the burden of proof is on the airline in matters under 261/2004, there seems little point in seeking detailed documentary evidence beforehand and may only add to court costs and time.
See my post @ 3235 for clarification
My line of thought was that if the airline was actually correct and it was an 'extraordinary circumstance', then court time of a full Application would also be avoided.
But it's horses for courses really.0 -
Mark2spark Today, 1:20 AM
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Quote: Originally Posted by LBD
You will note in the response they have failed to say which of the 3 passport pages they misplaced!!!
Seeing as you're getting a bit of fun out of their replies, might be worth telling them that their claim forms don't come attached out of the printer either!
Mark
Lol tisk tisk Mark, as it happens, one felt that they are just acting the goat a little here, so one contacted the CAA, pointing out how they are conducting claims... got a nice reply back asking for sight of our communications( where are the emoticons icons on here?)
However reading the reply, hmmmm well I did ask quite clearly who's passport page had they misplaced, you will notice NO ANSWER, couple that with all the other bits they lost lol....am tempted to make a formal complaint...clearly the quality of the clerks & clerkesess ( they don't like that prefer administrative assistant) ...
Seems every employee has word blindness:)
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Any1 see watchdog there? Missed the start of it but had a Bit regarding this I think.0
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I'm a bit muddled about this compensation thing.
A couple of years ago I flew with Continental to New York from Edinburgh where i was due to meet my husband who was flying in from Belize and we were booked onto the shuttle to New Haven to travel on and stay 2 nights with our daughter before heading off on a trip round the States.
My flight was delayed and then cancelled and we were put up in a hotel overnight and told to be back at the airport the next morning.
Back at the airport we were eventually given news that a certain part for the plane was being flown in from the States with 4 engineers and told when the plane was mended we would be on our way.
Now the part they were waiting for was one none of my aircraft engineer friends had heard of (my husband is ex RAF & many of our friends work in the aviation industry now) and we couldn't understand their need to fly in 4 engineers!
Anyway, we eventually flew out 27 hours late, I missed my shuttle and had to pay for another ticket and worse still I missed 27 hours of precious time with my daughter who I rarely see.
Also I had to pay taxi fares to & from the hotel that the airline put us up in.
This was my first time flying alone and it caused me a lot of worry.
Continental sent me a travel voucher valid for a year as compensation when I complained but I rejected this as it was no earthly use to me. They then refused to discuss this further with me and wouldn't answer any other correspondence.
Do I have any rights? Or have they done all they should?0 -
Jassey, was it the flight from EDI to EWR that was delayed?Posts are not advice and must not be relied upon.0
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I watched it and guess which 2 airlines were named, TC & Monarch, there were a couple of other issues not just flight delays... they had a guy from the CAA on and he said if people were having trouble go to their web site and read it and if having done all they suggest and no joy contact them...
Like centipede said to me, court action is the only thing they may take notice of....
also posting on the companies FB might help as well, once oen person does it , there are bound to be others... I jsut did it on Monarchs:)0 -
Hi RichardW
Yes it was Edinburgh to Newark0 -
I am trying to find a flight from back in 2007, it was a thomson flight from birmingham to cancun on 27th August, the flight was delayed due to having to stop, refuel and change crew in Manchester. I think it went over a 3 hour delay but I have no proof of this. When i checked on flight stats it doesn't give the landing time.
Does anyone know how i can find out this info?
Thanks0 -
Can I just ask for clarification of something please?
This rule of compo was bought in, in 2006... correct?
And that the appeal to ECJ, or various appeals, was bought by the airlines for various reasons, but the main one being that technical issues are in fact extraordinary circumstances? (Which of course failed)
But was there more to it? Were they challenging the whole set up?
I'm asking as my circumstance was one of admin error by Monarch, they forgot to fly an empty plane overnight from Cork to Gatwick so that the days to-ing and fro-ing could begin. So there is seemingly no rug to hide under for them.
Yet they are claiming to various claimants that they have only just set up the EU compo dept, following the ruling on 23 Oct. Surely they should have had the Dept up and running before that for circs that were like mine?0
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