Compensation for delayed flights Discussion Area

blindman

Jassey wrote: »

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!

Then your aviation experts are not that savvy IMHO.

If the replacement of the part disturbs\interacts with other mechanical\electrical\avionic systems then you need the expertise to fix\test all the systems. Depending on the engineers skill level and waivers in place and mandatory supervision this could easily need 4 engineers.

I was a dual skilled aircraft engineer in the RAF and whilst I could physically change an engine by myself (along with the help of 4 passers-by when it came to winching it out\in :cool:) Legally I had to have at least three other engineers.

Would be (sadly:cool: ) interested if you remember what the part was-My guess would be some kind of avionics box)

blindman

Back on topic

FAQ's
Answers to FAQ's repeated AGAIN :cool: All blue words are links to relevant posts. Some are quoted just to save you doing that

WARNING
Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!

Airline bust= no claim

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.

Flight Stats

Small claims time limit Its 6 years

Package holiday flights ARE covered.

Regulation261\2004

MSE article corrected

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background

Thomas Cook address
Thomas cook incident Oct 26 2012

KLM Claim form
Quote:
KLM ROYAL DUTCH AIRLINES PLESMAN HOUSE/2A CAINS LANE, BEDFONT TW14 9RL FELTHAM, MIDDLESEX
Phone: 020 87509200 Fax: 020 87509090
Ryanair address
Quote:
Ryanair Customer Service Department, P.O. 11451, Swords, Co. Dublin, Ireland.
BA Address
British Airways Customer Relations, EU Compensation Claims, PO Box 5619, Sudbury, Suffolk, CO10 2PG, United Kingdom.
BA complaint web-site

Jet airways address
Jet Airways (India) Ltd Jetair House 188 Hammersmith Road London W6 7DJ


Compensation per person + Monarch email
Monarch Claim form

Centipede100 Template letter
CAA Template letter


Airline claims 2 years maximum to claim
Judgement on 22nd NOV confirms the limit is whatever applies in the Country-UK is 6 years

that the time-limits for bringing actions for compensation under Articles 5 and 7 of that regulation are determined in accordance with the rules of each Member State on the limitation of actions.

CAA Denied boarding
Right to Care
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

MCOL:

Succesful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax

MrsHelmke

Hey all, although not a newbie to the site i am a newbie to the forum. I recently submitted a letter using the template provided to easyjet for a very delayed flight two years ago.
Short Version - arrived at Sharm-el-Sheik airport, everyone boarded plane, nearly four hours later we were taken off of plane because crew were over hours, left by easyjet at airport while we organised ourselves (thankfully plane was full of lovely people) with the help of the airport staff, put in hotel at nearly 1am where we were instructed not to touch the mini-bars etc. but needed to be out of the room by 7am to get on coaches back to the airport, had to wait in departures to board as we needed a take off slot to become available where we were then finally boarded and left. We finally landed back at Luton 22 hours later than we should have.
We were told delay was because of fuel problems, turns out thanks to information from my uncle who is a pilot it was because Easyjet hadn't paid a fuel bill so several flights out of Egypt that evening were delayed as by the time the issue was resolved the crew were over hours.

Anyhow, i sent my letter over two weeks ago and have heard nothing back in response. Where do i go from here? All advice greatly appreciated. I've never made a claim for anything before, but after having written a letter of complaint after the incident and never had so much as an apology (i didn't ask for anything in compensation at the time) i feel that the least they should do is respond to my claim.

Many Thanks in advance for any help, Gemma

Montrealer

I have a couple of questions. BA's only reply to me resubmitting the claim via their web form was this automatic acknowledgement of receipt. Their time is up and I am preparing to send a LBA. I wanted to include the interest I am asking for. I remember you posting that it is 8% p.a. but you also mentioned somewhere that you claim it on a daily basis so that the court can figure out more easily the exact amount. I believe you posted a certain formula or something somewhere on how to claim for that interest but I cannot find it anymore. Could you please help me out?

Also, I am not sure if the LBA should go to HQ in Harmondsworth (see next paragraph). If it should, I am wondering if I should address it to someone in particular our is the HQ address in general just fine?

Lastly, you provided me with the link to the European small claims procedure. I read the introductory pages and I am now wondering if this is actually the good way for me to go. The page states that

[...]The European Small Claims Procedure applies to cross-border cases, that is, cases in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court where the action is brought. Domicile is determined in accordance with Articles 59 and 60 of EC Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. In order to determine whether a party is domiciled in the Member State of the court, it applies its internal law; if the party is not domiciled in that Member State, the court determines whether he is domiciled in another Member State by applying the law of that Member State (Article 59)[...]

Thus, it seems to be that you cannot walk down that road if you do not habitually reside in one of the 27 EU member states. I still have an address with my parents which I occasionally use for non-urgent correspondence since it is easier and faster than trans-Atlantic mail. But I wonder if it would be a good idea to use it since it does not fulfill the criteria laid out by the court. Which brings me back to my initial point: if I have to go to local Small Claims Court, how do I enforce the judgement if I should win? Documentation shows that there are some tools available but it seems that it may ultimately come down to hiring a bailiff. I assume, these costs are not recoverable?

Thanks for your feedback!

rusty_frog

Centipede100 wrote: »

Interest from date of delay =8% p.a. or 8/365 = 0.0219% per day of amount claimed. Express this as a daily sum of interest outstanding e.g. 600 euro claim = €0.131 per day interest. That way the court only has to calculate the number of days outstanding from date of claim to settlement date.......

Just a little confused (not difficult!), is the interest calculated from the date of the delay or the date the claim is lodged?

LBD

Ha ha ha they did not like me posting on FB...lol,

Hi XXXXXXXXXXXXX, I’m sorry you feel this way. Would you like to email social.media1@Monarch.co.uk with any questions you may have and we can look into this and answer these for you? Please can you also give me a little bit of background info on your case and I will look into this and see if there is anything further we can do to help.

wheatyfree

I certainly didn't send my passport off to EasyJet and they have paid me compensation

LBD

I also did not say I had sent passports off!!!!!...

as has been commented on this thread many times EJ are paying out monarch and tc are not

Jassey

blindman wrote: »

Then your aviation experts are not that savvy IMHO.

If the replacement of the part disturbs\interacts with other mechanical\electrical\avionic systems then you need the expertise to fix\test all the systems. Depending on the engineers skill level and waivers in place and mandatory supervision this could easily need 4 engineers.

I was a dual skilled aircraft engineer in the RAF and whilst I could physically change an engine by myself (along with the help of 4 passers-by when it came to winching it out\in :cool:) Legally I had to have at least three other engineers.

Would be (sadly:cool: ) interested if you remember what the part was-My guess would be some kind of avionics box)

No I really can't remember the part but avionics guys as well as others had never heard of it. (All very experienced guys)
The reason I couldn't figure why they needed to fly in 4 Engineers is that I wondered why they couldn't use engineers already on the ground at the airport. Just seemed excessive to me.
That however wasn't the point.. I really just wanted to know what my rights were before I pursued any claim.

Montrealer

Centipede100 wrote: »

Interest from date of legal claim form (N1) =8% p.a. or 8/365 = 0.0219% per day of amount claimed. Express this as a daily sum of interest outstanding e.g. 600 euro claim = €0.131 per day interest. That way the court only has to calculate the number of days outstanding from date the claim was made to settlement date.

Address for service of LBA should be HQ at Harmondsworth, for the attention of The Company Secretary.

Use small claims court in Eng/Wales instead: https://www.moneyclaim.gov.uk/web/mcol/welcome. So long as you use your parents address that would appear to work for you but the correspondence would need to be regularly opened for this method to work.

Enforcement (if required) of any judgment would be carried out by court-appointed bailiffs, the costs for which are added to the amount the defendant has to pay.

Thanks, I really appreciate your help. I checked the link and you have to register with the UK Government Gateway, which requires a National Insurance Number. Unfortunately I am not a British citizen. I guess that I have thus to explore if an approach similar to the Small Claims Courts that you mentioned exists in my home country.
I'll keep you posted on any news concerning BA.