Compensation for delayed flights Discussion Area

Craigsup

Caz3121 wrote: »

you don't need to know what the technical problem was, a technical error is rarely extraordinary
Have you submitted a claim? Bott&co show €400 due (although EUClaim show no compensation applies!)

I have submitted a MCOL claim yes.
I just tried EUClaim and they said 400 EUR claim - did you input the right details?

I was hoping for further details regarding the technical fault so I can begin gathering my case details should the case go further.

Caz3121

Craigsup wrote: »

I have submitted a MCOL claim yes.
I just tried EUClaim and they said 400 EUR claim - did you input the right details?

you are correct, must have made a typo

Craigsup

Caz3121 wrote: »

you are correct, must have made a typo

Phew! Made me doubt the validity of my claim for a short while!
TAP has a further 5 days to respond else I can enter judgement for my claim. If they don't respond, do I need to gather a case or will the court decide in my favour due to their lack of response?

Kisstheblade

My flight was August 2008. Is there definetly no way of claiming that far back? Resolver states you can go back as far 2005 but i can't see this anywhere esle. Any help appreciated.

richardw

Kisstheblade wrote: »

My flight was August 2008. Is there definetly no way of claiming that far back? Resolver states you can go back as far 2005 but i can't see this anywhere esle. Any help appreciated.

Has Resolver heard of the Limitation Act 1980?

Caz3121

Kisstheblade wrote: »

My flight was August 2008. Is there definetly no way of claiming that far back? Resolver states you can go back as far 2005 but i can't see this anywhere esle. Any help appreciated.

over 6 years old, the airline will be guaranteed to reject your claim based on it being over 6 years old (whether it would have been a valid claim or not)
That is the end of the story as you cannot start court proceedings once the 6 years from date of flight
The 2005 wording is bad....as an EU ruling it is applicable to a number of countries but each will have their own rules re time to take legal action
I believe is you were claiming a delay in Spain under EU261 you can go to court up to 10 years after flight (so could currently claim for delays/cancellations from November 2005 onwards). England and Wales is 6 years, Scotland is 5 years

richardw

Caz3121 wrote: »

..... claiming a delay in Spain under EU261 you can go to court up to 10 years after flight (so could currently claim for delays/cancellations from November 2005 onwards)......

Does this apply if you don't reside in Spain and are claiming against a Spanish based air carrier using the European Small Claims Procedure?

Ian011

Just a quick note to say that if your airline is asking you to ring an 084, 087 or 09 number for this type of enquiry, it's a breach of Regulation 41 of the Consumer Contracts Regulations 2013.

The regulations came into force on 13 June 2014 and require post-sales helplines for retailers, traders and passenger transport companies to use numbers starting 01, 02, 03 or 080.

In the case of non-compliance, Regulation 41(2) gives callers the right to a refund of any excess call costs incurred over whatever an equivalent call to an 01, 02 or 03 number would have cost.

Kisstheblade

Caz3121 wrote: »

over 6 years old, the airline will be guaranteed to reject your claim based on it being over 6 years old (whether it would have been a valid claim or not)
That is the end of the story as you cannot start court proceedings once the 6 years from date of flight
The 2005 wording is bad....as an EU ruling it is applicable to a number of countries but each will have their own rules re time to take legal action
I believe is you were claiming a delay in Spain under EU261 you can go to court up to 10 years after flight (so could currently claim for delays/cancellations from November 2005 onwards). England and Wales is 6 years, Scotland is 5 years

Thanks Caz3121.

Craigsup

Following my earlier posts, TAP have 'Part Admitted' my claim.

For what reason would they only admit part?