Compensation for delayed flights Discussion Area

JPears

legal_magpie wrote: »

Yes, you can bank the cheque as they have only paid you what they admit and you have already told them that you aren't abandoning your claim for interest and your costs. I suggest that you point out to them that you are carrying on with the proceedings.

Although the general suggestion here is if you are claiming the interest and that is the only amount between the two figures, then be warned - you may potentially risk losing the case. Interest is awarded by the judge on the day. It is discretionary, not a "right" and can be any figure, not specifically 8%. The judge may take umbridge that you are furthering your legal action just for the interest (even though potentially it is a significant amount).
Does the lower figure include your court costs to date?

NoviceAngel

JPears wrote: »

Although the general suggestion here is if you are claiming the interest and that is the only amount between the two figures, then be warned - you may potentially risk losing the case. Interest is awarded by the judge on the day. It is discretionary, not a "right" and can be any figure, not specifically 8%. The judge may take umbridge that you are furthering your legal action just for the interest (even though potentially it is a significant amount).
Does the lower figure include your court costs to date?

I think that's a very fair and important point, I settled my case out of Court and didn't argue over the interest, there's also the point that the airlines have had some success by saying that compensation for a fixed amount does not fall within the jurisdiction of the County Court act for interest as it is technically not a claim for damages or debt and is a fixed compensation claim under EC261. That's a legal argument but they are winning in some cases.

Geraldoche

NoviceAngel wrote: »

Yes, it is an interesting one, the answer is yes IMHO, I believe the airline should have given notice of the flight change, it's in the regs, links in Vaubans guide, which should be your starting point.

What was the reason given for the time change?

Regarding the query I first raised on 23/9/2015 above, entitled "Flight Rescheduled Earlier":
Just wanted to say that Vueling has agreed to pay compensation of €400. Initially they tried to claim that the time change was due to circumstances beyond their control! We insisted that she was effectively denied boarding when in possession of a valid boarding pass, the rescheduling was the airlines responsibility, quoted the usual cases and the EU laws, and now they have agreed that she is indeed due the compensation. The old lady is delighted!

Craigsup

Carrying on from my previous posts regarding TAP Portugal - my girlfriend and I received our payout yesterday.
Once they part admitted the court claim, they settled up quickly.

Success

Tyzap

Craigsup wrote: »

Carrying on from my previous posts regarding TAP Portugal - my girlfriend and I received our payout yesterday.
Once they part admitted the court claim, they settled up quickly.

Success

Well done.

You persevered and got your reward:beer:

safsnowball

Craigsup wrote: »

Carrying on from my previous posts regarding TAP Portugal - my girlfriend and I received our payout yesterday.
Once they part admitted the court claim, they settled up quickly.

Success

Well done Craigsup, I've now gone through the MCOL route for the same TAP flight, hopefully I'll get the same result.

safsnowball

Having gone through the MCOL route TAP have now accepted my claim for a delayed flight.

They asked for my banks Swift and IBAN details which I have provided, but are now saying they need a document from my bank confirming those details.

From what I've researched online this isn't necessary. Has anybody experience of this issue or are they just messing me about?

Craigsup, if you are reading this, how were things settled with TAP for your identical claim?

Thanks to all on this forum for getting me to this stage, particularly Vauban for his guide.

legal_magpie

They are being very cautious in case you give them wrong details by mistake. If you can get the letter or document easily I would just do it rather than arguing the toss.

Craigsup

safsnowball wrote: »

Having gone through the MCOL route TAP have now accepted my claim for a delayed flight.

They asked for my banks Swift and IBAN details which I have provided, but are now saying they need a document from my bank confirming those details.

From what I've researched online this isn't necessary. Has anybody experience of this issue or are they just messing me about?

Craigsup, if you are reading this, how were things settled with TAP for your identical claim?

Thanks to all on this forum for getting me to this stage, particularly Vauban for his guide.

Yeah they asked me to provide a bank statement showing my bank details. I think it's just so that they can prove they're paying the correct person.

davetronic

I just had to mention that after over a year of effort trying to claim compensation for a holiday flight from Egypt in 2010 that was delayed for a day I got absolutely nowhere. Then two months ago I used MSEs Resolver System. After quite a few emails back and forwards, I finally received a cheque for €1200 in the post yesterday, so am very happy!
The moral is to keep all your tickets and paperwork etc if you are to stand any chance of success!