Compensation for delayed flights Discussion Area

Mark2spark

thalia22 wrote: »

My long protracted case since 12/2010, is going to Court...

Stick with it Thalia, you have the patience of a saint :T

Mark2spark

Brandnew wrote: »

A fault occurring in flight and forcing an unplanned diversion is such an extraordinary circumstance as this can in no way be foreseen. I again advise you to contact the Regulatory Policy Group, Civil Aviation Authority, Room 401, CAA House, 45-49 Kingsway, London WC2B 6TE. If they see fit, they will contact Flybe to gain any further information and maintenance paperwork, not permitted in the public sector, to determine whether compensation should be paid. Further information can be obtained from their Website should you wish.

Depends what the fault is, and whether the decision to divert was based on safety, or a commercial decision because it would be cheaper to fix at the diverted airport as there would be parts and engineers available. A judge would have to decide this.
But backup from the CAA would also be needed, you can't go to court and just have their one side presented to the judge.
As they are saying for you to go to the CAA they don't appear to be fearful of anything.
Maybe you know different?

thalia22

Centipede100 wrote: »

I am not sure what you want the CAA to say. They correctly passed your claim to the relevant NEB (AESA) in Spain as your flight originated there.

You will not get any further with the CAA in my view as the claim has been assessed by the relevant NEB and a recommendation given in your favour. The CAA are unlikely to comment further as they are not responsible for enforcement, that is the role of the County Court in cases such as this.

Thanks Centipede, I am fuklly aware of what you stated, however, all I was trying to obtain, was their view as to the three changes of excuses. Yes I am fighting them in Court, but they the CAA, can pass onto the NEB (National Enforcement Bodies), of that Country, on how the Airline behaved and responded. Clearly Iberia consistently failed to answer questions, etc, failed to answer or acknowledge correspondence, and acted arroganatly in my opinion. Even my MEP who is part of the European unit, that deals with avivation, hit the same brick walls. Also I wanted to demonstrate to posters on this forum the extended time periods, to get results from the CAA, for guidance purposes only. If the CAA do not respond, then at least I tried, but I have as depicted a complete set of correspondence betwen myself, and the CAA. All the CAA do as you rightly stated, is forwrd the case to the AESA for investigation, in my case for Spain.

Thank you and I will keep this Forum up to date on progress.

Mark2spark

Bumping this excellent info from 111KAB

111KAB wrote: »

Further to my earlier response I have now found this 'comment' from the Justice site ....
Right to use one claim form to start two or more claims

7.3

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

As mentioned this is the procedure I am using via MCOL in my claim against Monarch.

Mark2spark

thalia22 wrote: »

Thanks Centipede, I am fuklly aware of what you stated, however, all I was trying to obtain, was their view as to the three changes of excuses. Yes I am fighting them in Court, but they the CAA, can pass onto the NEB (National Enforcement Bodies), of that Country, on how the Airline behaved and responded. Clearly Iberia consistently failed to answer questions, etc, failed to answer or acknowledge correspondence, and acted arroganatly in my opinion. Even my MEP who is part of the European unit, that deals with avivation, hit the same brick walls. Also I wanted to demonstrate to posters on this forum the extended time periods, to get results from the CAA, for guidance purposes only. If the CAA do not respond, then at least I tried, but I have as depicted a complete set of correspondence betwen myself, and the CAA. All the CAA do as you rightly stated, is forwrd the case to the AESA for investigation, in my case for Spain.

Thank you and I will keep this Forum up to date on progress.

I think you've got enough detail from the chronology of your postings to Iberia and the CAA Thalia, to be able to present to the court how unreasonable they have been.
Don't lose sight that being unreasonable is a wholly secondary issue to the main claim, ie compensation. This is what the court will focus on.

Mark2spark

I have started a separate thread for Monarch success (or failure) stories, seeing as other airlines such as BA seem to be playing ball now, I thought it might be useful if this thread is not clogged up with Monarch lack of response postings.

https://forums.moneysavingexpert.com/discussion/comment/58527199#Comment_58527199

Gorbar

Mark2spark could a thread not be started for Thomas Cook, would be interesting to see how many people are getting refused

y2jammie

Centipede100 wrote: »

You are potentially due 250 euros for your cancelled flight. You will need to contact LH for the reason why this flight was cancelled.

Originally Posted by y2jammie
Hi there,

I am new to this topic but wondered if any of the better informed here could give me advice on whether they think I am eligible for a claim, and what I should claim for?

Flight details:

16 June 2012

Kiev Borispol to Dusseldorf (LH3005)

*I was then meant to have a connection flight at 18:30 from Dusseldorf to Heathrow which was cancelled (LH3386)*

I was then scheduled on to a different flight which was LH3388 which was scheduled to leave Dusseldord at 20:50 but I think this was delayed further and believe I got in to London much later than I was meant to on the cancelled flight.

Thanks

You are potentially due 250 euros for your cancelled flight. You will need to contact LH for the reason why this flight was cancelled.

Thanks, have done that already - they asked me to send things like a scanned copy of my passport to prove I boarded the flight etc and said they'd send me exact details of my flights on that day with cancellation information and the new flight times etc.

Thought I would be entitled to the compensation (reasons pending) for this, was just seeing what you guys thought - thanks.

scorpiouk

Ok so due in Court against Thomson’s on the 16th..Was hoping they might have pulled out before now, so have to assume they aregoing to turn up.

I am a little surprised, it’s a 600mile round trip to thecourt for them..

Quick summary, 15.5 hour delay on a flight from Spanishairport to the UK.. Caused by needed tofly an engineer from the UK to the Island via Tenerife.

• 3 or 4 letter between us and Thomson asking for compensation.Most got no response.
• Reached an impasse so passed to the CAA..
• CAA said the airline had not fulfilled its obligations, butwould pass to the Spanish NEB.
• NEB of Spain contacted Thomson, they never replied.
• They tried again, but disagreed with the reason the airline supplied..
• NEB replied to me saying they had failed to meet their obligation“and as such should pay the required compensation”
• Still no reply from Thomson’s. So sent the LBA.. Went to court. They did not attend, faxedthat morning saying they wanted to stayed pending the EU ruling.
• EUR ruling has been given, so we are back to court..

The letter from the court says it’s a “judgment hearing” so can the airline now change its defence?

We have had all the technical and Extraordinary excuses etc.

As they stayed the claim pending the EU ruling, and that’s nowbeen delivered, is the hearing just for a verdict? IE no new arguments?

The original application to stay the claim reads like theyaccept it, but want a higher court to agree.. for example they said “we believethat this court would be unable to reach a required outcome while proceedingsare pending in a superior court” – Well that court has not come good J

I plan to have a list of events, order of contact between meand the airline, me and the NEB’s and the court.

If needed, I indented to say it’s not Extraordinarycircumstances that an aircraft would require an engineer to fit a part.

(it’s never been clarified, but we have been told a part wasavailable, but no engineer to installit)

Also plan to have a letter to the court asking for paymentin 7 days form the airline..


Any more advice?

cubegame

If it really is necessary to have separate threads for all the airlines would it be possible to have a separate forum for the topic? This is a useful forum and it will quickly get overwhelmed.