Compensation for delayed flights Discussion Area

DJMSJM

rusty_frog wrote: »

Re. Thomas Cook Airlines:

Can anyone tell me how long they waited before any they received any response (if any) from TCA following their initial letter of claim?

I sent my letter off on 7th Nov and rec'd my rejection letter back on 23rd Nov. I have sent an email to CAA this morning

Liquorice_Twirls

Centipede100 wrote: »

You could try cross checking the details in flightstats.com, flightaware.com and flightradar24.com if the details are still there, otherwise you will have to rely on the airline's official records.

I did check flightstats and it says the arrival was exactly 3 hours late. I actually included a print out of this in the papers I sent to Flybe, but they are quoting something different. Manchester airport themselves actually agreed that it had arrived 3 hours late too.

Thanks anyway Centipede100, you've been a really great help on this thread.

ExGliwice

hi all

I have described my case in post (5 months ago) #1741 (cannot post it as link, since I am new user) -> ExGliwice 24-07-2012, 6:26 PM

Since that time I did not do anything with it due to lack of time.

However I have read all posts since then (quite an effort, since this list gets very busy recently

Finally, I tried to compose NBA (Notice Before Action) to Ryanair.
I am not English native language speaker, and will be submitting it to Small court in Ireland. I would like to ask, if any of you can kindly review it before I send it?

Letter before court claim
Dear Sir or Madam,
RE: ryanair ref # xxxxxxx

Delayed Flight Compensation
Flight number: FR2016
Date: 10/2/2012
Booking Ref: xxxxx
Passenger names: xxxxxx,yyyyy,zzzzz, vvvvvv, qqqqqq
Amount claimed: 400 euros per passenger

Thank you for your reply dated 24/07/2012. Unfortunately it is completely not satisfactory and unacceptable for me, that Ryanair does not comply with National Aviation Board in Spain (AESA) decision (ref# nnnnnnn)

Our flight (detailed above) was delayed leaving 17:46 (was scheduled 12:55) and we arrived in Madrid some 4.5 hours after the scheduled arrival time. AESA considers that the reason for the delay invoked by the RYANAIR company, and was not caused by extraordinary circumstances pursuant to Regulation (EC) No. 261/2004. According to AESA’s judgement RYANAIR should pay compensation for the amount of 400 Euros per passenger considering that the distance between Lanzarote and Madrid is 1.574 (more than 1.500 kilometers) to all 5 passengers (family members), that I represent.

I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012:
“Articles 5, 6 and 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted to the effect that:
- passengers whose flights are delayed may rely on the right to compensation laid down in Article 7 of Regulation No 261/2004 where they suffer, on account of a delayed flight, a loss of time equal to or in excess of three hours, that is to say, when they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier;

Thus I am once again requesting a full compensation 400 Euro per passenger, I would like a reply as soon as possible so that I know you have received this letter.

If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the small court in Ireland without further notice. I would also claim for any expenses to get over to Ireland should I have to.
This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours faithfully
MMMMM

Does the Notice Before Action sound OK?

And few questions I have:

1. I am repeating facts (flight, AESA decision), I have already stated to them. Shall I? Or should I skip it?
2. I was traveling with my family (me + 4 family members (2 minors)). Can I submit claim to small court on behalf of them, or each separately (and what with kids' cases then?)

Wammer

I would like some advice on whether it is worth pursuing a claim against BMI or whether I am on a hiding to nothing as the flight was in November 2005.

We flew from LAS and connected somewhere in the US both with United. We were due to fly from LHR to ABZ in November 2005 with BMI at 0945, after a 5 hour layover. At 0910 we were advised that this flight was cancelled and we eventually flew home at 1520, landing at 1714, 5h 59m late. I got these details from Flight Stats using details from the letter I sent to BMI.

I did write to BMI at the time and got a letter advising that the cancellation was due to a technical defect and as these were “extraordinary circumstances” they would not be paying compensation.

I no longer have the flight confirmation or PNR as I lost all my emails in Outlook when my pc died almost 6 years ago.

If it was still worth claiming, would I have be able to claim against BMI seeing as the flight was booked as a through ticket with United who are not based in the EU?

Would the claim be for the domestic LHR-ABZ or for the whole journey? I'm assuming just the domestic as I wouldn't have a claim against United.

Is there any point claiming if I don't have the PNR and it was more than 6 years ago?

I have followed this thread from the beginning and noted that if legal proceedings hadn't been started more than 6 years ago it would now be time barred. However I have since read that it is still worth putting in a claim, but no further action can be taken if they do not pay out.

Apologies for the change in font, but I C&P some info which messed up the font size and I can't find the name of the font used on the forums.

Thanks for any advice.

thalia22

Mark2spaark. I thank you for your correction which files should now read PaGE 101 #2016, pAGE 110 #2187, PAGE 165 #3285.
I could not read my own handwriting. In answer to your questions, the legal case submission is in joint names i.e Mr & Mrs xxxx, for the sum of 2 x 600 Euros each. The three case files I mention is as follows:- One for myself, One for the Count Court, and one for the defendent.i.e all files identical for the hearing. I have issued and attended several times in the past the County Court so although have no legal background, I am reasonably astute to the proceedures etc.

I thank you for your comments and interest, I just wanted to keep the group informed as to progress.

Gorbar

Dob@thomascook is the directors office for complaints against Thomas Cook, make them realise that customer services are not doing their job

kuepper

richardw wrote: »

look at flighstats and see if other flights were also affected at the airport at around the same time.

I understood the problem was on the aircraft and so would be irrelevant to other flights.

richardw

Kuepper, search this thread for Wallentin and Sturgeon and what is said about technical problems.

LBD

Court paperwork submitted....seems Monarch are the worst out of all of them lol...

blindman

ExGliwice wrote: »

hi all

I have described my case in post (5 months ago) #1741 (cannot post it as link, since I am new user) -> ExGliwice 24-07-2012, 6:26 PM

Since that time I did not do anything with it due to lack of time.

However I have read all posts since then (quite an effort, since this list gets very busy recently

Why did you not look at the FAQ's ? One page back :cool: