Compensation for delayed flights Discussion Area

blondmark

That's right, although rules aren't always that strict in the small claims track and if their defence is a tad late, it's likely to be allowed in.

thalia22

JPears wrote: »

Question for the legal beagles:
Issued small claims on 4/1/13, deemed served on 9/1/13, jet2 responded 11/01/13. They have 28 days to file a defence from the 9/1/13. So presumably if nothing shows up on MCOL tomorrow, 6/2/13 I can file for judgement by default on 7/2/13?

Hi their, Whilst you are technicaly right, I would be wary, I checked with MCOL on the last day, and they said they had nothing on record, so like you I submitted my request for judgement, only for it to be returned, as the Solicitors acting for the Defence, faxed on the very last day, just before closing its defence. So by all means submit you request for judgement, if after phoning MCOL, and they confirm no defence had been submitted, then the worst that could happen is the cost of a postage stamp, if the defence is submiited, then MCOL returns the form to you. Incidently the Defence lawyers should submit a copy of the defence, to you direct as well, they did in my case.
Best wishes but see my post #5826 page 265, for guidance to potential possible timescales involved.

Regards Thalia22

agbero

After having no response from the airline for several months I filed a County Court claim and received a response from the airline stating that, despite leaving 3hrs 20mins late, my flight made up time and arrived 2hrs and 56mins late - they cite a website 'flightstats.com' to demonstrate the delay . My claim is for a delay of 3hrs+ which is my recollection - does anyone know if this website is accurate? If so, do those 4minutes mean I have no entitlement to compensation?
Please let me know any thoughts you have.

richardw

What would a district judge say agbero?

chili2001

These airlines are playing the long game and trying to fob everyone off with this EC rubbish,although they may have grounds in some cases. I read one post from someone who was trying to claim compensation where a man had died on the plane mid flight so had to turn around! If that's not EC I don't know what is.
They are hoping that people will just give up, or they find another law loophole to avoid paying up.
I say lets not give them the chance. Give them 14 days from the first template letter and if no satisfactory response and explanation of what the EC was, then an immediate LETTER BEFORE ACTION with another 14 day deadline (complaint to CAA at same time) and make it clear that court action will follow straight after with no further correspondence and another 28 or 56 day holding letter from them will be ignored. We are under no legal obligation to play their waiting games.
But we all have to mean it. If you say you are going to file court papers at a certain time then do it!
If they are inundated with countless small claims then they are going to find it very hard (and expensive) to deal with all of them and file a defence, so many people will end up winning by default hopefully.

Mark2spark

alinella wrote: »

I'm desperately trying to find a flight number from a Monarch Flight in May 2009, but have had no luck at all on any of the Flight Stat sites, does anyone have any ideas as to where to go to next. Many thanks!

How did you book?
If you booked direct with monarch online then there's a chance that you details will be in the 'my bookings' section when you log on.
Other than that, back to who you booked with for a duplicate booking confirmation.

ame54

We were delayed 3hours 15 minutes at Heraklion & were advised that this was due to a faulty valve on the engine which took longer to repair than anticipated as it was awkward to reach.
Sent a letter on 2nd January requesting compensation but this was declined by Jet2. Said that delay was excluded under Regulation 261/2004, extraordinary circumstances, as this was caused by an unexpected flight safety shortcoming & there was no entitlement to compensation. Surely airlines can say that all technical problems are an unexpected flight safety shortcoming & use this as a get out.
What are my options in this case & does anyone think I will be able to pursue this claim. I don't know if I'm being fobbed off in the hope that I won't proceed any further. Has anyone else had a similar problem & if so what did they do.

111KAB

ame54 wrote: »

We were delayed 3hours 15 minutes at Heraklion & were advised that this was due to a faulty valve on the engine which took longer to repair than anticipated as it was awkward to reach.

Firstly I would get an accurate check on your delay period - 3h 15m is getting very close to the 'threshold' and if you are going to pursue this I would ensure your timings are correct.

why123

Just to let you all know I've had a cheque for £400 from BA. My cousin and I flew in 2007 from LHR to DXB and were delayed by 3hrs 45mins, due to a problem with the plane. I sent a letter to BA in November and had no response, I then went on there website and emailed the via the complaints section with a 7 day warning, that I would pursue through money claim online. 2 Weeks later I have a cheque for £402.

Caz3121

agbero wrote: »

After having no response from the airline for several months I filed a County Court claim and received a response from the airline stating that, despite leaving 3hrs 20mins late, my flight made up time and arrived 2hrs and 56mins late - they cite a website 'flightstats.com' to demonstrate the delay . My claim is for a delay of 3hrs+ which is my recollection - does anyone know if this website is accurate? If so, do those 4minutes mean I have no entitlement to compensation?
Please let me know any thoughts you have.

The key measure is the scheduled arrival time to the actual reported arrival (touch down) time. Flightstats is a source for this and is mentioned in the FAQs.
The departure delay is mostly irrelevant.
If it did indeed arrive 2 hours and 56 minutes late then there is no compensation due