Compensation for delayed flights Discussion Area

legal_magpie

Why waste time giving them yet another opportunity? Just do it.

safsnowball

legal_magpie wrote: »

Why waste time giving them yet another opportunity? Just do it.

I'm actually trying to save my time by getting the matter resolved without recourse to Judgements and Warrants of Control etc.

But have no fear, if that's what I have to do I will.

Vauban

safsnowball wrote: »

I'm actually trying to save my time by getting the matter resolved without recourse to Judgements and Warrants of Control etc.

But have no fear, if that's what I have to do I will.

You are much better off with a default judgement. Otherwise they!ll continue to play it long. But there'S nothing to stop you both applying for the default judgement and reaching out to the airline at the same time - then see what bears fruit first.

safsnowball

Vauban wrote: »

You are much better off with a default judgement. Otherwise they!ll continue to play it long. But there'S nothing to stop you both applying for the default judgement and reaching out to the airline at the same time - then see what bears fruit first.

Good advice, thanks

Craigsup

safsnowball wrote: »

Good advice, thanks

Easiest way to contact TAP is phone 0345 601 0932 and ask to be put through to Customer Relations.
Then explain the situation.

That's what I did, and it resolved the situation quickly - even if it doesn't work, it's worth trying it!

jahiggins208

In June 2015 I successfully claimed against Jet2 for an 11 hour delay in May 2013. They sent me numerous rejections so I then went through the Small Claims and won. I received €400 euros AND £120 interest (25 months from delayed flight to settlement date).

I know a group of 9 people from near where I live who were on the same flight (a group booking) so I told the bloke who booked their flight to press on with court proceedings – Jet2 promptly tried to settle out of court for €3,600 (9x €400). He rejected this as his original request was for interest payment for all 9 people too and he referred to my case settled in June 2015 basically saying I received interest so his group should. However the solicitor acting for Jet2 has rejected this and said;

“The Liverpool County Court has since dealt with the issue of interest specifically concluding that it is not payable in claims brought under the Regulation. Despite this, and should you chose to pursue this matter, I suggest that you take independent legal advice in relation to the same. The offer of my client as outlined below remains open and, should you choose to accept the same so that this matter may be concluded without the need to expend further time and cost, please forward your account details and I shall request that my client transfer settlement monies forthwith”

He has received court papers with next steps and is unsure whether to pursue with his claim through the small claims incase he loses his request for interest. Jet2 have agreed to pay the €3,600 it is just the case to not pay interest which will be defending in court.

Does anyone know if the rules have changed regarding paying interest (what is this re; Liverpool County Court)? I can’t seem to find any articles online which makes me think Jet2 are just using scare tactics to make him accept the €3,600……

legal_magpie

While interest is at the discretion of the court, the discretion has to be exercised judicially. The airline is right that you are not entitled to interest under the regulations but you ARE entitled to interest under the County Courts Act provided you claim it in your particulars of claim.

viridens

My partner and I suffered a delay of more than 7 hours, spent sitting at an isolated airport, when flying from Greece in July 2005.

I have copies of all my correspondence with the airline at the time when they dodged paying compensation, but the airline, Excel Airways, went into administration in 2008. However, I paid for this flight in full by credit card, and have a copy of the statement showing this.

Since the company does not exist any more is there any possibility of pursuing the credit card company now that the compensation rules have changed?
Does anyone have experience of this?

-Advice please, and my apology if this topic has been covered elsewhere and I have missed it.

Thanks

legal_magpie

Statute barred I'm afraid. More than 6 years ago so no liability. Sorry

viridens

legal_magpie wrote: »

Statute barred I'm afraid. More than 6 years ago so no liability. Sorry

Thanks for your prompt reply, and I think I understand the 6 year deadline.

However, given that my claim could not (and did not) meet with success until the 2012 ruling, is the statute bar absolute under all circumstances? And for reference, would the 6 years have been counted from the original transaction, or from the Airline collapse?

It looks like I'll be clearing some space in my filing drawer...

Many thanks