Compensation for delayed flights Discussion Area

VOB72

bazaar wrote: »

Rubbish solicitor speak, pick it apart bit by bit. Is that all theyre relying on?
Your cause of action is pursuant to the regulations, the booking was a party booking and to make individual claims per person would fly in the face of CPR rules.
Whats their excuse for EC?

Blocked toilet on aircraft 'constituted unscheduled maintenance therefore an unexpected flight safety shortcoming constituting extraordinary circumstances for the purposes of the Regs'.
Absolute tosh in other words.

bazaar_2

VOB72 wrote: »

Blocked toilet on aircraft 'constituted unscheduled maintenance therefore an unexpected flight safety shortcoming constituting extraordinary circumstances for the purposes of the Regs'.
Absolute tosh in other words.

theres another word for it, and it was in the bog. I think its normal to clean the toilets at each scheduled landing. so its an inherant task in the normal operations.
Blocked toilets do happen, thats why they have a notice in the bog, right next to your head ( if you take a sit think) ( see what I did there?:D)
Saying DO NOT PUT towels ets down the toilet.
For this to cause such a delay that the cleaner couldnt budge the blockage with his plunger or hands is stretching it a bit

VOB72

VOB72 wrote: »

I have now received the airline's defence from their appointed solicitors (note they are no longer dealing with it 'in house'). As others on this forum, my court application only has my name in the claimant box. I was advised by the MCOL helpline that as long as I included a statement saying my husband and two children (stating their full names) were included in my claim, and stated we were seeking compensation in the sum of 400 Euros each, my claim would be accepted for the four of us. (Incidentally, it was made and paid for as one booking).

In addition to the usual claim of EC's, part of the airline's defence is "it is denied the claimant is entitled to bring this claim or claim compensation on behalf of any other person not a party to these proceedings. Alleged entitlement pursuant to the regulations and established case law is on a per passenger basis and it is averred that the claimant is neither entitled nor has the necessary cause of action to pursue a claim for any sum or passenger other than her own alleged entitlement.

Has anyone else had a similar defence made against them? Or would anyone care to comment?

Quick update - Trav Law have sent me their defence DIRECT, not via the Courts, and asked that all further correspondence is forwarded to them. Checked with MCOL and this is absolutley NOT the case. So if anyone gets a similar letter from this firm, the advice is you do not engage with them, just fill in your Directions form and send it to the Court. ALL CORRESPONDENCE IS TO GO VIA THE COURT, NOTHING DIRECT TO THE AIRLINE OR THEIR SOLICITORS.(unless the Court specifically instructs you to do so)

Bramble3

Had a four and a half hour delay with Easyjet on 29th July from Bristol to Faro. The Captain of the aircraft was very apologetic and sited an 'air-conditioning' problem as the cause. Would we be able to apply for compensation?

friendofbillw2

VOB72 wrote: »

ALL CORRESPONDENCE IS TO GO VIA THE COURT, NOTHING DIRECT TO THE AIRLINE OR THEIR SOLICITORS.

Just to be clear, if you are directed by the court to send documents to 'all interested parties', then, of course, send copies of what you send to the court direct to the airline, their solicitors, etc.

They will use the fact that you did not inform all parties against you.

111KAB

Bramble3 wrote: »

Had a four and a half hour delay with Easyjet on 29th July from Bristol to Faro. The Captain of the aircraft was very apologetic and sited an 'air-conditioning' problem as the cause. Would we be able to apply for compensation?

Yes - but post on EJ thread after reading page one.

VOB72

Thanks for that clarification - have updated original post!

helsbels07

I am looking into claiming for a delayed flight back in 2009. We were due to fly from Birmingham to Larnaca however upon checking in we were advised that there was no plane - a plane had failed the safety checks and had been grounded the night before - this was not our plane but had resulted in our plane being used for another flight. We were told that there was a plane at Gatwick and coaches were used to take u there. Now on the flight stats site it says that there is no record of the flight, presumably because of the change of airport? As such I don't have info on how long the flight was delayed, all I remember is that we got to the resort at around 11pm so I think we were around 6 hours delayed - should have landed at 16.00 Cyprus time. The distance is around 3250km so looking at the template would I select 400 euros as the amount? Also would I amend the letter template to advise the change in airport?

Now as the delay was down to a technical fault on another plane I am not sure if I could get anything for this as I do not know if the fault was the airlines or manufacturers but there's no harm in trying.

s_mobee

111KAB wrote: »

Was it the same airline, with the same flight number or did they provide you with new boarding cards/flight number?

It was the same airline and flight number

romanby1

helsbels07 wrote: »

I am looking into claiming for a delayed flight back in 2009. We were due to fly from Birmingham to Larnaca however upon checking in we were advised that there was no plane - a plane had failed the safety checks and had been grounded the night before - this was not our plane but had resulted in our plane being used for another flight. We were told that there was a plane at Gatwick and coaches were used to take u there. Now on the flight stats site it says that there is no record of the flight, presumably because of the change of airport? As such I don't have info on how long the flight was delayed, all I remember is that we got to the resort at around 11pm so I think we were around 6 hours delayed - should have landed at 16.00 Cyprus time. The distance is around 3250km so looking at the template would I select 400 euros as the amount? Also would I amend the letter template to advise the change in airport?

Now as the delay was down to a technical fault on another plane I am not sure if I could get anything for this as I do not know if the fault was the airlines or manufacturers but there's no harm in trying.

Looks like you have a claim and they are to blame study the posts on this forum.