How to find info on delayed flight from 2007?

jacques_chirac

JPears wrote: »

jc - he shouldn't need court action through a sec75 claim - Financial Ombudsman/ FSA or whatever they are calling themsleves these days, if there is a problem.

The ombudsman will follow the law in making a ruling. They are not going to allow a s. 75 claim outside the six year limitation period.

David_e

JPears wrote: »

jc - he shouldn't need court action through a sec75 claim

This whole S 75 angle is very interesting.

Subsection 1 says:

"If the debtor under a debtor-creditor-supplier agreement ... has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor ...".

I'm not sure what the relationship is between Reg 261/2004 claims and 'routine' claims for breach of contract. A couple of examples (relating to airlines and S75):

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm

deal with issues as purely contract law matters. Of course, that may result in greater (or lesser) compensation than a Reg 261/2004 claim. (The cases referred to could possibly precede the EU regulation.)

So the question I would have is does the credit card company assume liability under Reg 261/2004 by virtue of S 75 (and, if so, what's the legal mechanism for this)? If it does, presumably the claimant has to accept the compensation cap even though the actual loss may have been greater.

johngt40

I did actually take Travel City Direct to the small claims court over the delayed flight but lost because what l should have done was to take XL Airways to the small claims court not TCD. At that time though the EC ruling on compensation for delayed flights was not as clear as now. I do have my details of the small claims court somewhere so will have to dig this out and hopefully it will contain the info l am seeking for my present claim. I agree with JPEARS, l do not need to have a small claims action to claim on section 75. As l stated before l have had great success with section 75 and you do not need to go to a small claims court to implement it.
John

David_e

johngt40 wrote: »

As l stated before l have had great success with section 75 and you do not need to go to a small claims court to implement it.

I think the point is that, as you say, you can make a claim under S75. However, presumably like any other claim, it can be refused and, as I read it, the credit card company effectively stands in the place of the original supplier (airline, etc.). If they are liable in place of a defunct airline, the credit card company will struggle to defend a 261/2004 case (having, ne assumes, zero evidence of the cause of the delay). I'm not sure where the Financial Ombudsman sits in all of this but, in the current climate, I suspect banks and card providers are more likely than not to roll over and pay out. Certainly I would think it would be easier to get a claim paid by them than by an airline.

johngt40

Thanks for all the interest and replies guy's, l think l will leave it there for now and try and find the info from my small claims court action. It would appear that no one knows how to find out about delayed flights when it is going back a number of years. I will however update this blog if l get any joy from the credit card company.
John