Compensation for delayed flights Discussion Area

Mark2spark

ceraliam wrote: »

I am new to this and after reading the info on the MSE site I think I qualify to claim on this but just after a bit of info:-

My holiday was a package booked through Olympic Holidays but we flew with Monarch so do I make the claim through Olympic or Monarch?

Also I only have the holiday email booking details with booking reference and the Flightstats information which shows the delay details. No Boarding passes or tickets, the holiday was in May 2010... will it still be worth claiming?

On reading the various comments Monarch don't seem to paying out on this, has anyone had a successful claim against them?

If anyone has any information they can pass on to me it would be greatly appreciated.

Thanks in advance

You claim against Monarch.
The other questions you ask are answered in the post directly above yours.

russetred

An update on my claim against Monarch. My family of 5 were delayed by 7 hours and 41 mins on a flight back in 2008. like others on here I had no access to original booking confirmation and no longer had boarding passes. I did have my booking reference number which I asked Cosmos to look up for me and the passports used at the time.
I have sent off the claim form to monarch on friday and in an ironic way I am hoping they do send a rejection letter back as I will then be able to issue a NBA letter straightaway.
My argument in the court will be that there is no legal requirement to provide either boarding passes or original booking confirmation and that I have provided sufficient evidence to allow monarch to check the validity of my claim.

Mark2spark

tinkerbellkirst wrote: »

Finally had a response again from Thomas Cook.

Got a letter with my £5 cheque for comfort pack i had to buy enclosed (after them sending an email response telling me they had enclosed a cheuque, On an email!!??)

Basically at the time of delay we were told that the flight was delayed due to our plane having not left America due to weather there.

Their response to me asking about the delay states 'Engine Fault' and then goes on to say how this is 'extraordinary' (erm not according to this forum!) and therefore no compensation due blah blah.

So, do i need any more info on the exact engine fault or if this sufficient. Whats the next step a LBA?

The flight was delayed by 7hrs 20mins From Turkey - Manchester. Seems a LONG time to fix an engine fault to me!

Would be grateful of any help...

Regards
Kirsty

IMO you write one more time and state that engine faults are not EC's as per the ECJ ruling, urging them to reconsider, or else you'll issue court proceedings.
In the meantime write to the CAA so that you have some sort of back up of the tech fault by the time you reach court. The reply will take several months, but the court date, if defended, will also take that long.

Mark2spark

russetred wrote: »

An update on my claim against Monarch. My family of 5 were delayed by 7 hours and 41 mins on a flight back in 2008. like others on here I had no access to original booking confirmation and no longer had boarding passes. I did have my booking reference number which I asked Cosmos to look up for me and the passports used at the time.
I have sent off the claim form to monarch on friday and in an ironic way I am hoping they do send a rejection letter back as I will then be able to issue a NBA letter straightaway.
My argument in the court will be that there is no legal requirement to provide either boarding passes or original booking confirmation and that I have provided sufficient evidence to allow monarch to check the validity of my claim.

Yes I agree it'd be a short-cut to the court process if they deny a claim based on unimportant paperwork not being available.
But be aware that one of the 'asks' by Monarch barristers in a defended claim is 'strict proof of taking the booking' - which is rather perverse as they themselves hold this proof by you checking in, - a bit like withholding evidence from the court then?

topyam

Has anyone written to Ryanair to claim compensation for delay? I'm about to post a letter to them.

Also - emailed Flybe - is that the best way to contact them or should I write?

Have emailed BA to claim for a BMI delayed flight - has anyone tried claiming compensation for a BMI flight from them and had a response?

Going through all my flights since 2007 - worth a go - reading this thread avidly

neilogg

Mark2spark wrote: »

I agree with your reasoning. Your next step is?

I have lodged a complaint with BA on these grounds using their website. This produces an immediate email response and claim reference number. Do you have other suggestions?

topyam

poet123 wrote: »

This is the response from Ryanair:

[FONT=&quot]. Unfortunately, this flight was delayed because of an unexpected safety/technical problem with the aircraft due to operate your flight. It was necessary to delay the departure of the flight until the fault was rectified and the aircraft was cleared for operation by our Engineering Department. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Occasionally, there are situations, which are outside our control of an airline such as technical faults that disrupts our flights.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]As this delay was outside Ryanair's control (Extraordinary Circumstances), we regret to advise that no compensation is due under EU261.[/FONT]

[FONT=&quot][/FONT]
I assume this is the standard fob off as the technical issue is not classed as extra ordinary circumstance is it?

[FONT=&quot][/FONT]
[FONT=&quot]Should I send an NBA letter or issue court proceedings, if the latter would it have to be in the Irish courts?[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Any pointers?
[/FONT]

What did you end up doing?

bigmc1_9

Mark2spark wrote: »

You can do little but go through the motions of the claim and wait until the point of no return - court case or walk away - is reached.
AFAIA no-one has had a settlement from TC yet.

Tc have settled with me for £970

badbobby

badbobby wrote: »

I too have a TC offer of vouchers. I was delayed for both in and outbound, but the offer only covers the former (they had a pilot who didn't have the correct licence to land at the intended destination!).

I don't want vouchers and am fighting the second delay so have issued a claim last week, deemed served recently.

Will update as it goes along.

Notice received from the court that TC are defending my claim in full.

They've admitted one journey and offered vouchers, so I'm not sure why they are not defending only in part.

I await their full response...

Anyone else gone legal on them?

Coops1711

Mark2spark wrote: »

You can do little but go through the motions of the claim and wait until the point of no return - court case or walk away - is reached.
AFAIA no-one has had a settlement from TC yet.

Thanks Mark,
i notice AdamD has had a result with TC?

Having re read their first letter to me they state that the reason for the lengthy delay was due to an Aircraft change. As they have admitted this (& the crew admitted to me that the origional AC had gone 'tech') i dont feel that that is exceptional circumstances?

Also it is more then 14 days since i sent the template letter from on here, should i now go to the CAA or wait a bit longer due to Xmas hols?

Thank you for your advice