Compensation for delayed flights Discussion Area

111KAB

chris_h16 wrote: »

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?

Read the FAQ's!

Mark2spark

Well, you can claim, but if the airline says no, as they have done, all you can do is call them names :mad:

georgewn.1

Would it be possible for Martin or someone in the know to provide a pdf file or the EU ruling and the English ruling as I have just had the "sorry its only 2 years" my from thompsons.

111KAB

georgewn.1 wrote: »

Would it be possible for Martin or someone in the know to provide a pdf file or the EU ruling and the English ruling as I have just had the "sorry its only 2 years" my from thompsons.

1) no P in Thomsons
2) Your post better on appropriate thread where question already answered
3) Read FAQ's
4) Martin will not help but Mark, Centipede etc already have.

Mark2spark

Link to the EU261 Reg, and the following rulings, is in the FAQ's. And a detailed explanation of the 2 year question is answered in the Thomson thread.
It's in the Thomson thread because other airlines aren't sending 2 year letters out.

Danny4681

Do you think I will have any luck? We were delayed for 8 hours from Manc Uk to Sanford USA in 2009, flying with Thomas Cook. I complained back then and rec the following reply...service on the plane was shocking too, they replaced the plane with a small plane used for short haul flights, ie Spain, only one of the ovens was working on the plane too, so meals were cut short, worse 11 hour flight of our life's!

Thank you for your further letter and apologies that we have been unable to reply sooner. I am sorry you are unhappy with our earlier assessment of your complaint and genuinely regret that you found it necessary to write once more. In view of your further comments, I have taken the opportunity to review your complaint and I am very sorry to learn of the difficulties you describe.

I am very sorry about the lengthy delay that occurred on your outbound flight and the subsequent change of aircraft and on board facilities for both flights. I can fully understand how frustrating this time must have been for you. Having investigated this matter, I can see that the aircraft scheduled for your flight had a technical problem. This type of situation can arise without warning and despite the normal routine maintenance that all our aircraft undergo.

As soon as we were notified of the problem, investigations were made into the possible options to ensure the delay and the inconvenience to customers was kept to a minimum. It is usual for several different courses of action to be considered to try and secure the most efficient and timely solution. The amount of information available does depend on the reason for the delay. We would never intentionally with hold information or give incorrect details. Information can change, if for example we are waiting for information from engineers or for a time slot from the Air Traffic Controllers. Timescales can sometimes slip although at all times we would be working towards as early departure as possible.

Due to the technical problem with the aircraft originally contracted for your flight, our airline team worked very hard to find the quickest solution and to get our customers en route as soon as possible. Therefore, with no immediate resolution to the technical problem with the original aircraft, another aircraft was subbed to continue with the flight. Regrettably this subbed aircraft was the only one available at the time and was unfortunately smaller and with different facilities. Although I appreciate the degree of inconvenience this may have caused on both flights, this solution was the most efficient and quickest way to get all our customers to their destination, rather than wait a longer time for the original aircraft to be fixed ready for flight.

I am further dory you were unhappy with the in flight service on your outbound flight. I would assure you that we do train our cabin crew to work to a high level of customer service, and this receives a very high focus in all our inductions. I will pass your comments on to our cabin crew manager so that their performance can be discussed in their individual personal reviews, to prevent this happening in the future. I would like to take this opportunity of thanking you for bringing this to our attention.

I am happy to refund your flight meals for your outbound flight, however would require a billing address for me to send the cheque to. Please can you forward this by reply and I will be happy to arrange this for you.

Please accept my profuse apologies for any displeasure experienced, as we are continually striving to provide the highest standard of quality and service possible. I am sincerely sorry for the disappointment that has arisen on this occasion, as this is obviously not how we want any of our customers to feel either during or after their holiday.

All your comments and observations have been duly noted and I would like to assure you that all points raised are taken with the seriousness they deserve. Therefore, I have passed a copy of your letter onto the Area Manager and the relevant UK departments for their notation.

Yours sincerely

Mark2spark

You don't appear to have made a claim for compensation under the EU 261 ruling Danny.
So go into the FAQ's are commence a claim using one of the templates.

l.walton

thalia22 wrote: »

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

I've had a default judgement for a week or so now, so I imagine they won't be able to file a defence now (although you never know!). I guess I'll give it a 1-2 weeks more before applying for a warrant of execution. I don't really know what their game is tbh.

Good luck with your case

JPears

if you've had default udgement for a week, I doubt they can put in a defence. Possibly an appeal on some technicality. Possibly call mcol and see how long they would recommend before issuing warrant?

Simon9999

Does anyone know if bad weather from a previos flight 'extraordinary circumatances' can be claimed as 'extraordinary circumstances' for causing a delay on the next flight?