Compensation for delayed flights Discussion Area

richardw

Edit out your name in their reply.
Better to be anonymous.

J_B

Sandy_Beech wrote: »

This is there "third" get out response:-

""""""Dear Xxxxxxxxx

Thank you for your further correspondence regarding the difficulties you have encountered during your holiday to Cyprus.

I was very sorry to read that I have been unable to resolve your complaint to your satisfaction and I have taken the liberty of reviewing the information concerning your flight delay.

Unfortunately, having done so, there is nothing further I can add to my previous correspondence, where I have attempted to address your concerns. Whilst I understand that you believe that the delay was not caused by extraordinary circumstances, I can confirm that the root cause of the delay could not have been foreseen.

It is regrettable that we have been unable to reach a conclusion on which we can both agree. However, based on the information I have available, I do not feel compensation is appropriate in this case.

I trust I have clarified our position, and I am sorry we have been unable to amicably resolve this case for you.


Yours sincerely
xxxxxxx

!!!!!!!!!!!!'m

It must be today's letter:-

Dear .........,
Thank you for your further correspondence regarding the difficulties you have encountered during your holiday to Cyprus.
I was very sorry to read that I have been unable to resolve your complaint to your satisfaction and I have taken the liberty of reviewing the information concerning your flight delay.
Unfortunately, having done so, there is nothing further I can add to my previous correspondence, where I have attempted to address your concerns. Whilst I understand that you believe that the delay was not caused by extraordinary circumstances, I can confirm that the root cause of the delay could not have been foreseen.
It is regrettable that we have been unable to reach a conclusion on which we can both agree. However, based on the information I have available, I do not feel compensation is appropriate in this case.
I trust I have clarified our position, and I am sorry we have been unable to amicably resolve this case for you.
Yours sincerely

I just replied saying that (a) they hadn't answered my question (I wanted to know what the exact 'extraordinary circumstances' were) and (b) the link that they gave to access their 'customer relations' website was (still) broken

richardw

Sparks33 wrote: »

.......please note that easyJet has no liability to pay compensation for this flight pursuant to Article 5(1)(c) and Article 2(b) of Regulation (EC) No 261/2004......

Not sure if they've referred to the relevant Articles.

robrymond

Had the runaround guff from Thomas Cook today comparing an aircraft breaking down to a car. That doesn't explain the plane needing 3 engines in 3 weeks as a replacement. Not sure what next step is...do I contact the CAA?

Mark2spark

spaceaarvark wrote: »

Yes, I did send by recorded delivery - First Class, and it arrived four working days later (Well done, Royal Mail!).

So I know they have received the NBA - and I have saved a screenshot of the Proof of Delivery provided by Royal Mail. It is now 14 days since they took delivery, and still all I hear is silence. I am assuming that the fact that they are choosing to ignore me (and I provided address, telephone number and email) are going to count against them should we get into a court room.

Well it won't be good, but it won't *prove* the case against them either.
You just need to show the court that you have made reasonable endeavours to settle out of court, and that your Application for compensation, when/if it's made, is not a frivolous one.
No point in doing anything this side of Xmas now anyway.

Mark2spark

robrymond wrote: »

Had the runaround guff from Thomas Cook today comparing an aircraft breaking down to a car. That doesn't explain the plane needing 3 engines in 3 weeks as a replacement. Not sure what next step is...do I contact the CAA?

IMO, if you are satisfied that you have a valid claim, and you have given them a NBA, then file a claim on line with MCOL.
In the meantime, whilst waiting for a court date/TC's response, contact the CAA who may well provide you with further backup to your claim of the delay not being caused by EC's.

Mark2spark

Sparks33 wrote: »

I have read here that some people have had success with Easyjet.

However, here is the latest response to my recent letter:

Having further investigated the matter, please note that easyJet has no liability to pay compensation for this flight pursuant to Article 5(1)(c) and Article 2(b) of Regulation (EC) No 261/2004.

In light of this fact I am unable to provide further details of the extraordinary circumstances. Should you required more information please direct your query to the CAA who might be able to provide more information.

Any suggestions as to what to do next? Seems strange that others have had success especially as mine seemed like a clear-cut case of 10 hour delay due to 'technical difficulty' :-(

They are giving you the lead. They aren't going to pay up, in your case, as they believe they have a defence of EC's. So if you take them to court, they will defend, and they believe they have evidence to back themselves up.
So IMO, you need to contact the CAA and get another professional voice as an opinion on whether the EC's are just or not.

Mark2spark

Sandy_Beech wrote: »

This is there "third" get out response:-

I trust I have clarified our position, and I am sorry we have been unable to amicably resolve this case for you.

You have now reached the point where you decide to commence court action, or not.

Yorkshire_Dangermouse

Well...hot on the heels of a cheque from Flybe, now confirmation that Swiss are to be paying me compensation of 400 Euros for the above flight (Manchester flight late into Zurich which meant I missed my connection to Moscow Domodedovo).. :j:j:j

So 100% strike rate at the minute !!

Being rather pedantic when it comes to keeping parking receipts, reasons for the delay mentioned by staff members (and their name), boarding cards etc... had lots of evidence to throw at both Flybe and Swiss. As mentioned many times on this site, the key is presenting a strong case based on facts.
Wishing similar success to everyone else !! :beer:

bigmc1_9

Thomas Cook have now agreed to pay me my compensation via a cheque rather than a voucher. :T:j:beer: