Compensation for delayed flights Discussion Area

DrA_Harrogate

Further to previous helpful replies, the 'next stage' is for the Court to require the airline to file a defence. There is a time limit on this but I seem to recall it's quite generous. If they choose to defend (which is less likely these days) then a Court date will be set. If you do this in person it's moved to your local Court but I'm not sure what happens when a nwnf lawyer is involved.

As observed elsewhere feel free to nudge your lawyer as you are paying the piper.

dunkertruck

I have went over some old emails and it appears TC are going to defend the claim. That was some time back.

I'll wait until after the New Year and see the position then. Thanks for the comments.

NuffDebt

Just wanted to say I had a delayed flight in the summer - 3 hours 8 minutes - with EasyJet. Luckily I had an apology email from EasyJet the day after claiming technical problems. I emailed EasyJet directly, response within a few hours - 'please give us the last 4 digits of bank card', 500 euros on their way. Not got the money YET but it couldnt have been easier.

juliemv1959

Hello all, this is my first post so I hope I have it right. I have followed all the process to claim for a delayed flight and last week resorted to the CAA (Civil Aviation Authority). They have replied they cannot handle my case as NEXT May it will be 6 years old, and they need at least a year until expiry. I have searched all of Martin's site and cannot find where to go from here apart from Small Claims Court. On initial claim to Thomas Cook, they emailed me and said it was a technical fault and I would have to wait until the court cases were over and re-submit my claim. Upon doing all that, they then claimed it was due to weather! I feel they have delayed on purpose. It was TCX288 Manchester to Dalaman, due to depart at 11.15am and it was 7 hours delayed. Has anyone claimed for that flight? I have checked Flightstats and this comes up 'Unknown' though the delay time is there, there is no reason given. The CAA say they do not know why it was delayed, they only have the Airlines word. I am reluctant to go to court as it costs £105 and TC would surely just say it was down to weather! Where do I go from here? Thank you all.

111KAB

juliemv1959 > https://forums.moneysavingexpert.com/discussion/5173888


After reading Vaubans' Guide please post on TC thread - if necessary.

Justice13075

Bott & Co (who are No Win No Fee Solicitors) say you are due 400euro per passenger.You have less than 5 months to make a claim. Read Vaubans guide send a letter before action (all explained in the guide). Give them 14 days to reply if they fail to reply within the 14 days either start court action or hand it over to a No Win No Fee solicitor. Do not play Ping Pong with them as they might be trying to drag this out until May when your 6 years runs out.

safsnowball

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?

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

Further to my post above, despite now providing all the requested information to TAP they have neither paid me nor are they responding to any of my emails.

The time limit for responding to the Court has now passed and I'm unsure of which route to take. TAP have not replied to the Court but they have emailed me to say they want to settle the claim (albeit they haven't)

Should I seek Judgement by Default (as they haven't filed an admission or defence to the Court) or Judgement by Admission (as they have emailed me to say they want to settle the claim)

I need to inform the Court one way or another, now the time to respond has passed, otherwise the case will be stayed, although it's not clear how much time I get to do this.

I would be grateful for any views.

legal_magpie

Yes. If they haven't acknowledged, you should enter judgment in default

DrA_Harrogate

Just ignoring the Court is a not uncommon tactic. I imagine foreign airlines do this more than UK ones. As with all the obstacles airlines put in the way it dissuades a percentage of complainants I guess, but not you! Inform the Court of what is, or rather isn't, going on and you will get judgement.
Enforcing judgement may mean more fun and games but TAP do have London offices so action up to and including sending bailiffs has been known. A very amusing TV programme showed Court Officers rolling up to Jet2's HQ. One hopes TAP would actually pay up before this!

safsnowball

Thank you both for your replies.

I've emailed TAP to give them one last opportunity to respond and if not I'll be applying for Judgement early next week.