Compensation for delayed flights Discussion Area

Mark2spark

The Thomson thread is answering this right now :undecided

The FAQ's sticky has stated for about 4 months now that the UK time limit for claims is 6 years.

I wish people would read it :undecided

Here's the ruling:
http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-11/cp120150en.pdf

Mark2spark

jammydodger41 wrote: »

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

Then you are out of time to claim.

THE END.

RDS

Yep ok thanks Mark have now found that part of the forum. Unfortunately I clicked on the link from the article that links to this forum (rather than were the FAQ's were).

I know those of us that don't visit forums often can be tedious but please bear with us and be understanding xx

On a positive now - have now written my notice of further action and will post to TUI's registered office tomorrow

Mark2spark

It's ok RDS, I've been saying for a while now that this thread out to be closed, then people would look elsewhere (for the correct thread hopefully) and find more specific answers to the airline they are claiming against.
It's only Thomson that have recently started sending out these 2 year limit letters (again) some bright trainee solicitor must have come across a ruling in the archives and didn't cross check it with the current state of play.

thalia22

l.walton wrote: »

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?

Hi I Walton,
My case has gone beyond your stated failure to respond and filing of a defence. I issued via MCOL their failure to submit a defence after phoning MCOL on the very last day, and MCOL confimed to me at that time, no defence had been submitted, so I sent off my of the Notice of Issue, requesting judgement on the 12/12/2012. Eventually the document was returned to me, as the Defendents Solicitors filed a defence by fax at the very last minute, so the Court stated. In reality they allow some discretion?.

The defence had from the date of issue, submiited a period of 98 days, of which only 14 days out of the 98, that they could appear in court. Delaying tatics in my opinion, but I have a final date of the Court hearing as being 30/4/2013, this is after the incident on the 12/12/2010, and the original claim being issued on the 6/1/2011. Started full Legal proceedings on the 8/11/2012?

so yes I am beyond your stage, but it is a long drawn out process. I will keep this website informed of the outcome.

see #2016 page 101, #2187 page 110, #3285 page 165, #3345 page 168, #3917 page 196, #4512 page 208, #4819 page 2451, #4983 page 249 , & #5826 page 265.

Regards Thalia22

TopConfetti

Hi all
Just to say...WE WON!!!!
Initially we were given the heave ho by VA when we initiated a claim 2 years ago. "Not our fault" [we were told staff sickness, beyond our control]..Lol... We were delayed by 4.5 hrs getting from LHR to EWR on Christmas Eve..it kind of spoilt our take on New York at Christmas. Any way we finally spotted the EU ruling about Mid January 2013 and after searching Internet for advice we eventually found a site that charged about £20 to supply all the paperwork [legal jargon). So I decided it was worth the money, completed the forms and sent them off.
Then by chance ...wow the VA claim forms take some finding..I completed VA claim form and sent them in by end of January. Hmm lets see I thought..Anyways it is now 8th March and I am pleased to say I am off to the bank to deposit 2 x cheques for the full £518:00 each.. No Fuss..
So was it that we completed the forms correctly?? or that they already had the Legal papers.. I dont know but gratefull to all the people that contributed along with MSE..

Brandnew_2

Can someone please let me know if I have a case here?

Latest letter from BA states:

"As previously advised to you the aircraft en-route to Charles de Gaulle on the 26 June 2007, developed a technical fault. This fault was a hydraulics failure with the warning being received in the cockpit by the Captain. Safety is of paramount importance and therefore the aircraft made a precautionary emergency landing at Exeter Airport.

Once on the ground Engineers attended the aircraft and found a leak in the nose landing hydraulic pipes. Repairs were affected and the aircraft brought back into service. This resulted in the late arrival of the aircraft into Charles de Gaulle and subsequently the late departure of your flight.

In view of the nature of the problem, this cannot be foreseen nor can it be avoided by regular maintenance. The ruling does state that the carrier will be excused from the obligation of compensation if it can prove that the delay was caused by extraordinary circumstances that could not be avoided even if all reasonable measures are taken.

For example some faults that are classed as extraordinary would include, faults discovered just before flight or during flight, damage to the aircraft caused by bird-strike, ground damage.

As previously stated, the cause of the delay was due to the flight being forced to divert having experienced a hydraulics failure in flight. This could not be foreseen and does therefore fall under the extraordinary circumstances clause."

It was cancelled, not delayed, btw. They got the date wrong too.

I have read the FAQ, also, btw. Just looking for opinion...

Mark2spark

A bit more info re: the cancellation please brandnew. How long before you got re-routed?

maghater

EC 261/2004 recognises that denied boarding "causes serious trouble and inconvenience to passengers", and action by the community "should among other things ensure a high level of protection for passengers". This isn't happening, airlines like Thomas Cook are just laughing at it. We all have elected MEPs, they get paid a fortune to draw up this legislation, time to make them earn their pensions, and point out some of the problems we have had to put up with whilst travelling, and some of the shocking fob offs and denials dished out to us when we try to claim our legal entitlement.

chris_h16

Hi
BA has got back to me and said as our flight was more than 6 years ago and courts only allow to claim up to 6 years ago BA won't give us compensation. This is shocking as you can claim back to 2005, is there anything else I can do?