Have you tried to claim compensation for flight delays?

Inca1007

Success!!!
Using a tweaked version of the template letter i Raised a claim against Thomson for a 7hr delay on our flight out of Manchester and 10 days after sending my claim i receive a phone call and confirmation email saying i have been 1600 euros (£325.28 each) for the 4 people travelling.

Thanks MSE

:money::beer:

cbukmedia

David_e wrote: »

I've seen very few reports and my offer to go to mediation was totally ignored. That maybe suggests that, in practice, it's not happening very often. As far as I am aware, you are under no obligation to reach a settlement if you do go to mediation. It might be an opportunity for you to show them that you know the law which might make them more willing to settle out of court. As you say, you are either entitled to comnpensation or not so "horse trading" does not seem appropriate - unless their offer is substantial enough (say 90%+) to agree to in order to avoid the hassle of actually going to court.

I've completed the court questionnaire and opted out of mediation. I feel I have given the airline enough chances to settle prior to court proceedings, through both the CAA and directly with myself. They have refused to pay compensation each time. However, two things I have noted. One is on the Money Claim website, where it states "The judge might not award you costs if they think you’ve made no effort to agree out of court." Will they take into account the fact that I made numerous efforts beforehand? I don't want to have lessened my chances of any compo just because I haven't opted for mediation. I think the reasons why I haven't justify this, in my view! The second thing is that the airline HAS opted for mediation, which is interesting. Surely if they thought they had that much of a case they'd refuse? However, they are happy to proceed with a hearing. ???

Any views/advice would be welcomed, as always.

111KAB

cbukmedia wrote: »

Any views/advice would be welcomed, as always.

Forum recommendation is to tick the mediation box to show the Judge you tried everything although I do concur with your thoughts. From memory only a few people have settled at mediation stage and the vast majority (self included) have not. How can you mediate ie what can you give away? Possibly the interest on your claim but that's about it. Maybe if/when you go to court you should highlight the fact you tried every possible way to resolve and thought it unfair to burden the court with using their free mediation service when you had previously tried every way to settle with the airline prior to your court application.

cbukmedia

Thankyou 111KAB, that's helpful. I want to be able to get the chance to prove that I did give them plenty of chance to settle - I guess as you say that will be the next stage as we prepare for a possible hearing, am I right? Also, is there anything to be read into the fact that they opted for mediation?

Also, did you win your case, out of interest?!

111KAB

cbukmedia wrote: »

Also, is there anything to be read into the fact that they opted for mediation?

Also, did you win your case, out of interest?!

Mediation opted for as a) want to convince judge they tried or b) they know they are fighting a lost cause.


Did I win .... did I ever .... http://www.scribd.com/doc/173815478/Brittain-v-Monarch-Airlines-Ltd-04-06-13-Jud

cbukmedia

Nice work!!

cbukmedia

And the saga continues re. Air Mauritius. Standard Order from court stating the following:

Deputy District Judge XXXX orders that this claim is stayed until 15 August 2014 to enable the parties to attempt settlement to await the outcome of judgement in Huzor V Jet2.com

On or before 15 August 2014 one of the following steps must be taken:


either
the defendant must notify the court of the outcome or whole of the claim has been settled;

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process.

The letter should confirm the agreement of all the other parties.

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a lost of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

This order was made without a hearing etc etc. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.


I was expecting some reference to the Huzor case as I've been reading about it, which will no doubt stall things even further, but may perhaps work in my favour, ultimately.

Both parties had also submitted the questionnaire before this Standard Order was made, so I'm not sure what else can be done regarding the questionnaire now.

The question is: what now, and from whom? I don't know whether to sit tight as the ball is back in Air Mauritius' court with the mention of the word 'settlement', or I need to make the next move.

Advice please:)

SingingDwarf

Anyone know if a 'stay' of cases extends the statute of limitation?

111KAB

SingingDwarf wrote: »

Anyone know if a 'stay' of cases extends the statute of limitation?

If a court claim has been submitted yes however if you are referring to a personal claim against the airline then no - all Dawson dependant of course.

cbukmedia

cbukmedia wrote: »

And the saga continues re. Air Mauritius. Standard Order from court stating the following:

Deputy District Judge XXXX orders that this claim is stayed until 15 August 2014 to enable the parties to attempt settlement to await the outcome of judgement in Huzor V Jet2.com

On or before 15 August 2014 one of the following steps must be taken:


either
the defendant must notify the court of the outcome or whole of the claim has been settled;

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process.

The letter should confirm the agreement of all the other parties.

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a lost of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

This order was made without a hearing etc etc. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.


I was expecting some reference to the Huzor case as I've been reading about it, which will no doubt stall things even further, but may perhaps work in my favour, ultimately.

Both parties had also submitted the questionnaire before this Standard Order was made, so I'm not sure what else can be done regarding the questionnaire now.

The question is: what now, and from whom? I don't know whether to sit tight as the ball is back in Air Mauritius' court with the mention of the word 'settlement', or I need to make the next move.

Advice please:)

Can anyone help me understand this jargon please?:o