Compensation for delayed flights Discussion Area

jammydodger41

Hi there

I am wondering if anyone can help..

Thomson finally replied today saying as claim was over 2 years they cannot do anything! It was 6 years ago that we had a very long delay.

Do I write back saying no its 6 years to claim?

Thanks

suelees1

It's 6 years jammydodger, similar q's have been asked on here several times before

jammydodger41

Thank you Will have a look there. The problem we have now is we are over 6 years now.

l.walton

Centipede100 wrote: »

What does the claim status say on MCOL? Default judgments are issued at the end of each working day after which you can obtain a warrant of execution:

It's showing as 'issued'. I don't want to be too hasty obtaining a warrant as it costs £100 (which it doesn't mention that you can get back from the defendant) but I'm not quite sure how long to leave it for them to pay? Thanks for your help.

gdess59

Any one know who is dealing with BMI baby flight delays?

I was told by BMI it was BA. I have written to them but had no response.

thanks

Brandnew_2

So I flew with BA, who told me that my flight from Paris to Cardiff was cancelled, because the flight was diverted on the way to Paris as it had a hydraulics failure. This from their letter:

"Having retrieved the necessary archive data, I can confirm that the disruption experienced on the 21 July 2007 was as a direct result of the operating aircraft being forced to divert whilst en-route to Charles de Gaulle due to an hydraulics failure. This is a situation classed as an extraordinary circumstance and whilst I fully appreciate the inconvenience caused, I am unable to consider your request for compensation."

I got in touch with the CCA as they advised, who put me in touch with the DGCA, who stated they could not rule whether the specific technical problems were extraordinary or not as they only deal with issues within a five year timeframe.

So what now? Is my issue valid within the six year timeframe of the UK, or the 5 year timeframe of France? I bought the ticket in the UK and the outgoing flight was from Cardiff, and this flight was headed back to Cardiff.

Seems that Flybe have purposely wasted my time sending me down this route knowing I wouldn't be able ot get proof of the delay being technical and NOT extraordinary. surely though this just shows they don't have any actual case of it being extraordinary as they did not present this to me in their response?

l.walton

Centipede100 wrote: »

Try clicking the 'default judgment' button on MCOL. If the airline has submitted a defence, the button doesn't let you proceed any further. If it hasn't submitted a defence you then have a default judgment and can then apply for enforcement as the next stage.

All court fees are reclaimed from the defendant in addition to your claim! Read the FAQs on the MCOL website...

Yep I have already done the default judgement and that is what is showing as 'issued'. I can't find confirmation anywhere that the fee to issue a warrant (£100) is reclaimed, only the original court fee. Anyway, I think I'll give them a couple of weeks or so before proceeding with the warrant.

Have many of the cases on the forum gone this far?

l.walton

Centipede100 wrote: »

All court fees associated with issuing, processing and, following judgment, enforcing a judgment are added to your claim if you win.

Not many as yet have gone this far, from this forum I think the earliest scheduled hearings are in early April.

Thanks. Could mine still go to a hearing? Or have they missed their chance to put forward a defence?

l.walton

Centipede100 wrote: »

Depends what is meant by 'issued' on MCOL.

Is that 'defence issued' or 'judgment issued'?

It has been known for MCOL to accept a defence outwith the time limit specified on the site.

judgement issued

RDS

My partner and I were delayed in 2008 on a flight from Bodrum, Turkey to Gatwick DP263. It was due to land at 10.20pm on 20/09/2008 but didn't land until 04:46am on 21/09/2008.

I wrote (using the template letter to TUI), they then wrote back enclosing 2 x claim forms. I completed these and sent them off and have just heard back. They state "The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago" :mad:

It does seem strange for them to have sent us claim forms when they had all the details in the letter I had sent. :think:

Are they just trying to duck the claim or are they correct and I should stop pursuing. Don't really want to take it as far as Court although am temped to use a third party (even if they take 25% it would be more than nothing) :EasterBun