Have you tried to claim compensation for flight delays?

Starrystarrynight

We had success in claiming for a cancelled Virgin Atlantic flight.
We made our initial complaint and application, which was refused. Sent in a further letter as notice before action.
We then launched a Money Claim Online case, which cost £70. The airline issued the cheque to us the day after they logged receipt of the court papers.

cbukmedia

Hi,

I am taking my case against an airline (for a 27 hour delay!) to the small claims court as they have refused to give compensation.

Although my partner booked the holiday for us both, it was me who then logged the complaint afterwards with the CAA. It is also me who is filling in the MCOL form online.

What I would like to know is, does the claim have to be submitted in my partner's name as the person who booked the holiday or am I OK to do it? We live at the same address. This may seem a bit pedantic, but I want to ensure I am doing it correctly to avoid any possible pitfalls later on caused by any avoidable, incorrect procedures and any advice would be greatly appreciated.

Thanks

cbukmedia

I thought as much but that's good of you to confirm, many thanks for your quick reply. BTW, how did you know what flight this was when I gave no details other than the length of the delay? Although I should imagine it was a process of elimination - how many flights are delayed for this long? I think it was a PM flight, not AM.

Looks like it will cost me initially £70 which is related to the amount of comp I would like to claim. I am fully aware that this is like saying 'how long is a piece of string', but what is the likelihood this will cost me more, and how much more? I feel I've got a good case but if we're talking 100s for a claim . . .

gturner1709

What a bummer...I had a flight delayed overnight due to technical problems and would love to claim. Unfortunately, like lots of other people I didn't keep flight details so can't remember the date or flight number...tried to obtain details from Thompsons Holidays but said they couldn't check my personal details for the last 6 years even though I travelled the same month each year

111KAB

gturner1709 wrote: »

What a bummer...I had a flight delayed overnight due to technical problems and would love to claim. Unfortunately, like lots of other people I didn't keep flight details so can't remember the date or flight number...tried to obtain details from Thompsons Holidays but said they couldn't check my personal details for the last 6 years even though I travelled the same month each year

Look on Thomson thread - there are ways of discovering this information and if your delay was over 3 hours and up to 6 years ago you are entitled to compensation.

uksean1

Can anyone post where I can find the information regarding timescales for member states. Where does it state you can go back 6 years as I am being told by Thompson only 2 years according to the ruling. Going to make a small claim no matter what but just needed that little gem of information. Seany

Vauban

Search "Dawson" ...

cbukmedia

I am in the throes of taking Air Mauritius to a small claims court for a 27 hour flight delay in September from LHR. I have logged a claim, and they have now submitted a defence. This is their response:

1. The Defendant confirms that the Claimant entered into a contract with Flight Centre (UK) Ltd for two return flights to Mauritius through an agent, Best@Travel. The outbound flight was the MK057 21.09.13 London Heathrow to Mauritius to depart at 21.00 hrs and arrive 11.55hrs (the next day).

2. The basic facts in this matter are not in dispute the Claimant was delayed on her outward journey from the UK due to technical problems with the inbound aircraft, the MK046. The MK057 was delayed until 22.09.13 at 23.00hrs. The Claimant claims a payment of 600E per passenger under Article 7 of EU Regulation 261/2204 (“ Reg 261”) in the event of liability being found.

3. The Defendant will rely upon the defence afforded to it by virtue of Article 5.3 – An operating carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation (long delay) is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

4. The Defendant submit that due to the technical fault found on the MK046 21.09.13 the MK057 21.09.13 due to depart at 21.00hrs was delayed. Thirty minute after take-off the from Mauritius flight MK046 registered a fault message regarding one of the front forward cabin doors. Whilst the handle was physically in the closed position the mechanical indicators of the door showed UNLOCKED and the rear mechanical indicators showed between LOCKED and UNLOCKED. Before take-off all doors had been armed and cross-checked. The door had shown “green” and safe for departure.

5. On passenger safety grounds it was necessary for the aircraft to return to Mauritius for engineers to investigate the problem. Maintenance had to be carried out before the aircraft was considered airworthy. The consequence of the delay led to a knock-on effect with the outbound Heathrow flight MK057.

6. The Defendant submits the claim must be dismissed on the basis that the delay was caused by extraordinary circumstances which could not have been avoided even if all measures had been taken.

7. The Defendant denies they are liable for the losses as set out in the claim. The Claimant will be put to strict proof that each and every allegation made therein was both true and amounted to a breach of a contractual term and that the Defendant is liable for the same.


I’d like to point out that some of it could be written better – e.g. “Thirty minute after take-off the from Mauritius”.

And what does Item 7 mean when it states “. . . and that the Defendant is liable for the same”. What am I liable for, exactly?

My gut feeling is still to pursue this and proceed to the next stage which is possibly a hearing – the risk of course is further costs and not getting them back if I lose, but this is counterbalanced by the fact that I feel I still may have a case.
Surely if they had proof of the fault they would have provided it already as part of the defence so as to try and conclude this matter and avoid legal costs going to court? Also, I don’t know if the flight was carrying passengers when the apparent fault was detected and the flight had to return to Mauritius. It still doesn’t account for the fact that a second plane in my opinion should have been despatched for us rather than waiting for this same plane to arrive at LHR some 27 hours later. Nothing in my book accounts for such a long delay and I think this could have been avoided.

Advice would be much appreciated on whether you think I still have a case or not. Happy to go the distance if it warrants it.

cbukmedia

Thank you. This is very useful to hear.

Tilly_MFW_in_6_YRS

Thanks :money: for advice.

We raised a claim on Tuesday and have received an email today from Monarch. I've copied the key points below:

I can confirm that your claim for compensation has now been assessed and you are entitled to compensation in accordance with EU Regulation EC261/2004 due to your delay.

[COLOR="rgb(139, 0, 0)"]In line with the above a cheque to the value of £325.11 (the Sterling equivalent of €400.00 based on today’s Reuters exchange rate) will be forwarded to each claimant within twenty one days. Please be aware that payments for children will be incorporated in the total value of the cheque forwarded to the adult who submitted the claim on their behalf.[/COLOR]


Tilly