Compensation for delayed flights Discussion Area

curlywurly2

poodle2 wrote: »

Jet2.com have refused to pay any compensation for an 8 hours delay because of extraordinary circumstances, specifically a pressurisation fault. Why is this extraordinary? Technical faults happen all the time surely.

Hi poodle2
Just rec'd compensation from Thomas Cook and they had a tech. issue. The European Court have stated in one case that technical issues do not constitute extraordinary circumstances. You want to have a look at Wickipedia Regulation 261/Delays.The section to look at is "court cases". Good luck

blondmark

Mark2spark wrote: »

Why would the poster have been informed by the court that the judgement can 'easily' be 'set aside' then?
The court will be writing to them with the judgement at the same address that the 'summons' was sent to?
I'd say that it was an over-enthusiastic response from the court clerk myself. A judgement is a judgement, hence my dismay expressed at that revelation.

If ever there is a doubt that the defendant was served with proceedings *and* they can demonstrate that they have a good chance of defending the claim then it's true: a judgment can easily be set aside. But if the court is satisfied that the defendant knew it was sued and didn't comply with deadlines, or if their proposed defence is a bit tenuous, then the judgment ought not to be set aside.

Remember that only applies to a setting aside in which the court did not hear the facts argued. If the court did rule on the facts, it's an appeal and an appellant would either need to show that the judge got the law wrong, or that s/he must have been on Class A drugs to reach such an extraordinary conclusion on the facts.

FrancisV

Mr_Warren wrote: »

Were delayed for exactly 3 hours out of NCL airport a few weeks ago...Easyjet offered vouchers without being asked.....GBP3.00 for each passenger !!!!! try to buy something to drink/eat for 3 quid at any aiprot in the UK......

I just got 800 euros in compensation from EasyJet for an 8-hour delay on a flight home from Madeira. Great result! They didn't argue at all, so thanks to Money Saving Expert for the info,

collingtrees1

I thought I had been lucky by claiming a few days inside the 7 year limit with Virgin. Initially they accepted the case were dealing with it, but sent me a smug letter last week citing 'new court developments' and saying they'll no longer consider it. Reading the main page post I suspect I cannot do anything, does anyone have any news of any other course of action open, bearing in mind its over 6 years since the flight?

Vauban

collingtrees1 wrote: »

I thought I had been lucky by claiming a few days inside the 7 year limit with Virgin. Initially they accepted the case were dealing with it, but sent me a smug letter last week citing 'new court developments' and saying they'll no longer consider it. Reading the main page post I suspect I cannot do anything, does anyone have any news of any other course of action open, bearing in mind its over 6 years since the flight?

You can claim - but you won't be able to take them to Court if they tell you to take a running jump. Which they have just done. Unfortunately for you.

howardtog

2 Passengers Delayed overnight in Canada because BA pilot was ill.Wrote 3 times to BA with no reply and then following MSE advice to the CAA. Must be a coincidence but 3 days later a cheque for just over £1000 appeared from BA on virtually a compliments slip. well done MSE and moral do not give up until you have compensation or a definitive response.

carpe_vino

Just posting a success as requested - recently received compensation from Flybe for flights in July 2012 to Southampton from Manchester, £200 each and 5 people. Thanks MSE for your help with this!

daveyweir

Delayed for 4 hours back in 2010.

On Wednesday, I received notification that I was to be paid compensation of €400 per passenger. That's €1600!!!

They took my card details and confirmed in writing a refund has been processed and will be with me within 20 days.

I only sent them an email with the details of the flight and the delay and they responded really quickly!

orgogliojuventino

Hi all,

I'm at a pretty advanced stage in my complaint to BA about a flight delay, and it seems, I will need to resort to the legal route.

In a nutshell, my flight was delayed for over 5 hours in 2010 from Athens to London. I complained at the time to BA, who refused compensation on the basis that EU law did not require them too. I threatened to complain to (what was then the relevant organisation) the air transport users council, who told me that until the ECJ had ruled again on the issue, very little could be done. They did advise me to make my complaint in Greece, which is what I did, and received a favourable response from the Hellenic CAA. However, they also said that BA simply "refused" to pay and that court would be my only option. The Civil Aviation Authority here has confirmed that they will not look into it as the flight originated from Athens.

I wrote to BA in November 2012 (following the most recent judgment) asking for compensation, but did not receive a response. I wrote to them again about two weeks ago, with a Letter before Action (including reference to the relevant pre-action protocol) and draft particulars of claim and, to date, I've not received a response (today was the deadline). This letter was sent by recorded delivery, so I know it was received.

My question now is, what is the best way to proceed? Their total refusal to engage with me means I do want to go to court - I've never been presented with a defence (or even an explanation) as to the delay. However, am I able to issue proceedings online (for example via MCOL)? Am I likely to recover my costs of doing this?

Any help or tips would be much appreciated (and sorry for the long post).

Many thanks

joerugby

orgogliojuventino wrote: »

Hi all,

I'm at a pretty advanced stage in my complaint to BA about a flight delay, and it seems, I will need to resort to the legal route.

In a nutshell, my flight was delayed for over 5 hours in 2010 from Athens to London. I complained at the time to BA, who refused compensation on the basis that EU law did not require them too. I threatened to complain to (what was then the relevant organisation) the air transport users council, who told me that until the ECJ had ruled again on the issue, very little could be done. They did advise me to make my complaint in Greece, which is what I did, and received a favourable response from the Hellenic CAA. However, they also said that BA simply "refused" to pay and that court would be my only option. The Civil Aviation Authority here has confirmed that they will not look into it as the flight originated from Athens.

I wrote to BA in November 2012 (following the most recent judgment) asking for compensation, but did not receive a response. I wrote to them again about two weeks ago, with a Letter before Action (including reference to the relevant pre-action protocol) and draft particulars of claim and, to date, I've not received a response (today was the deadline). This letter was sent by recorded delivery, so I know it was received.

My question now is, what is the best way to proceed? Their total refusal to engage with me means I do want to go to court - I've never been presented with a defence (or even an explanation) as to the delay. However, am I able to issue proceedings online (for example via MCOL)? Am I likely to recover my costs of doing this?

Any help or tips would be much appreciated (and sorry for the long post).

Many thanks

Have you received an acknowledgement and a customer ref number from BA? If not you might try making your claim online using their webform. It worked for us. We got an immediate acknowledgement and were paid within six weeks