Compensation for delayed flights Discussion Area

Bob7

In June 2014 my wife and my son and I were due to fly from Heathrow to Boston with BA. Our flight was cancelled and they transferred us to an American airlines flight and we arrived about 12 hours late. I wrote to BA 2 weeks ago claiming 1800 euro compensation on behalf of the 3 of us and I received an email within 1 week agreeing to the compensation.
Well done to BA

fraziola

Hi

I had a delayed flight 25 February 2007. I first complained to the airline in November 2012 but have since been fobbed off and told to wait for the outcomes of various court rulings. I understand that the 6 year deadline for pursuing compensation has now elapsed.

Is it the case that it my responsibility alone to ensure that legal action is taken within 6 years of the delayed flight irrespective of whether I feel that the airline has deliberately delayed my claim for compensation and therefore I no longer can pursue a claim.

Thanks for your help.

Caz3121

fraziola wrote: »

Is it the case that it my responsibility alone to ensure that legal action is taken within 6 years of the delayed flight irrespective of whether I feel that the airline has deliberately delayed my claim for compensation and therefore I no longer can pursue a claim.

To be able to go through the courts you have to have commenced court action within 6 years of the flight (the actual case can be outside of that time)

They will have undoubtedly deliberately delayed given they knew you had only a few weeks before you ran out of time when you first contacted them
With such a short timescale you could probably have just about got away with
initial letter
nba
court ...the case would likely have been stayed pending the outcomes of the other cases but it would still have been in the system - you would have had to do this yourself as the nwnf's don't look at cases that close to the 6 year mark

nothing you can do about it now.

NoviceAngel

EDIT :- Caz your quick off the mark today.....

fraziola wrote: »

Hi

I had a delayed flight 25 February 2007. I first complained to the airline in November 2012 but have since been fobbed off and told to wait for the outcomes of various court rulings. I understand that the 6 year deadline for pursuing compensation has now elapsed.

Is it the case that it my responsibility alone to ensure that legal action is taken within 6 years of the delayed flight irrespective of whether I feel that the airline has deliberately delayed my claim for compensation and therefore I no longer can pursue a claim.

Thanks for your help.

This is starting to come up almost daily now, the airlines string you along and along in the hope that they can take you outside of the six year claim period, then game over I'm afraid - Check mate

In other words over six years means absolutely no claim.

You have to commence legal proceedings within the six year following your delay.

Sorry,

NoviceAngel

jbro

Just posting to say a very big 'thank you' for all the advice we have had from the MSE site and the forum. We have finally received a compensation payment from Icelandair - days before we were due to go to court - and have also received confirmation from American Airlines that they will now agree to pay compensation for a delayed US Airways flight.

Thanks again!

Tyzap

fraziola wrote: »

Hi

I had a delayed flight 25 February 2007. I first complained to the airline in November 2012 but have since been fobbed off and told to wait for the outcomes of various court rulings. I understand that the 6 year deadline for pursuing compensation has now elapsed.

Is it the case that it my responsibility alone to ensure that legal action is taken within 6 years of the delayed flight irrespective of whether I feel that the airline has deliberately delayed my claim for compensation and therefore I no longer can pursue a claim.

Thanks for your help.

If you feel that the airline has tricked you out of a legitimate claim, by using delaying tactics, you could complain to the CAA.

Following the Supreme Court ruling in Huzar the CAA issued a statement that the airlines should look again at held cases.

NoviceAngel is right that this is a regular problem for some claimants who have abided by what the airline told them only to now find they are out of time.

I cannot see any other way around it unless someone tests the CAA over this issue. IMHO it's worth a try.

Good luck.

stevemej

Tyzap wrote: »

If you feel that the airline has tricked you out of a legitimate claim, by using delaying tactics, you could complain to the CAA.

Following the Supreme Court ruling in Huzar the CAA issued a statement that the airlines should look again at held cases.

NoviceAngel is right that this is a regular problem for some claimants who have abided by what the airline told them only to now find they are out of time.

I cannot see any other way around it unless someone tests the CAA over this issue. IMHO it's worth a try.

Good luck.

I think you are being naive here tyzap. The CAA have not been assisting people with genuine claims so the chance of them helping somebody who's claim is more than 6 years is negligible.
IMHO

Tyzap

stevemej wrote: »

I think you are being naive here tyzap. The CAA have not been assisting people with genuine claims so the chance of them helping somebody who's claim is more than 6 years is negligible.
IMHO

That might be so, but I still think someone should test the CAA on this one.

glentoran99

Tyzap wrote: »

That might be so, but I still think someone should test the CAA on this one.

even if by some fluke the CAA said yes they should pay, the airline would still stick two fingers up to them, The claiment cant take them to court and neither can the CAA

Tyzap

glentoran99 wrote: »

even if by some fluke the CAA said yes they should pay, the airline would still stick two fingers up to them, The claiment cant take them to court and neither can the CAA

The point is that the CAA can take them to court, as in the threat to Jet2 under the enterprise act.

I also think they have powers to force an airline to re examine any claim if they believe the airline has deliberately mishandled it in an effort to force it out of time.

None of us have much confidence in the CAA but they have the responsibility to prevent this type of dodgy dealing by the airlines. If no one asks them to look into this practice they will keep getting away with it.

So I see this as a possible way forwards rather than just accepting the status quo.