MSE News: Flight delay claiming could get easier

David_e

Juebe wrote: »

Hi Can you help point me where to go to next as I am currently trying to claim for a delay in 2012. The flight was with T Cook who declined the claim I had to take it up with the Italian CAA as the delay was from Italy to the UK. I wrote to them ( email address came back as not in use ) I havent heard a thing and I don't know where to go from here. Surely the Italian CAA have an obligation to reply and not just ignore my letter...it's been at least 3 months. When did you go back to Thomas Cook ?

Could you please post any questions you have to the Thomas Cook thread (having first read the FAQs where you will almost certainly find what you need to know).

I think it's a huge leap of faith to expect useful action from any of the European regulatory bodies. As you note, the Italian version appear to have ignored your letter so I would ignore them and proceed per the FAQs.

Reue

Flight was delayed 24 hours because the pilot injured his shoulder playing rugby the day before. Airline declined to compensate and the CAA rules this to be an extraordinary circumstance under "illness". How is the illness of a single member of staff (self-inflicted no less!) extraordinary?!

111KAB

Reue wrote: »

Flight was delayed 24 hours because the pilot injured his shoulder playing rugby the day before. Airline declined to compensate and the CAA rules this to be an extraordinary circumstance under "illness". How is the illness of a single member of staff (self-inflicted no less!) extraordinary?!

CAA and Airline are completely wrong and you (assuming all other criteria correct) have a valid claim. You should either DIY claim or if you cannot afford the time/effort give to a NWNF. Unless the airlines are made to realise they cannot treat their paying consumers in this fashion they will continue with their sub-standard service.

cupful

I cant find my post

111KAB

cupful wrote: »

I cant find my post

Generally no deliveries on a bank holiday.

Daza

Juebe wrote: »

Hi Can you help point me where to go to next as I am currently trying to claim for a delay in 2012. The flight was with T Cook who declined the claim I had to take it up with the Italian CAA as the delay was from Italy to the UK. I wrote to them ( email address came back as not in use ) I havent heard a thing and I don't know where to go from here. Surely the Italian CAA have an obligation to reply and not just ignore my letter...it's been at least 3 months. When did you go back to Thomas Cook ?

You will need to contact ENAC (the Italian CAA) best is to go to their website and see if they have a CONTACT US link and get the current email address from there.
You will also need proof of the delay - you can get this from FLIGHTSTATS
Each letter you send will result in Thomas Cook's standard 28 day response time - make sure you send everything recorded delivery.
Thomas Cook will NOT reply to any CAA, they just ignore them - the CAA may rule in your favour, they will send you & Thomas Cook a copy of their rulings (although they can not enforce them)
Thomas Cook then sent me a letter asking me to proof I was on the flight in question (IE boarding card) of which I didn't have - I just replied back that by law they have to keep all records of pax on flights for 7 years.
14 days later I received my cheque for £715

The whole process took just over 5 months.

Vauban

Daza wrote: »

You will need to contact ENAC (the Italian CAA) best is to go to their website and see if they have a CONTACT US link and get the current email address from there.
You will also need proof of the delay - you can get this from FLIGHTSTATS
Each letter you send will result in Thomas Cook's standard 28 day response time - make sure you send everything recorded delivery.
Thomas Cook will NOT reply to any CAA, they just ignore them - the CAA may rule in your favour, they will send you & Thomas Cook a copy of their rulings (although they can not enforce them)
Thomas Cook then sent me a letter asking me to proof I was on the flight in question (IE boarding card) of which I didn't have - I just replied back that by law they have to keep all records of pax on flights for 7 years.
14 days later I received my cheque for £715

The whole process took just over 5 months.

A word of caution: I don't think that Daza's experience is typical. Most people seem to have to take TC to court to get their compensation, and TC (like other airlines) are not much moved by opinions from European civil aviation regulatory bodies.

Daza: one interesting point for you. You say that airlines are required by law to retain records of pax for seven years. What law is that?

EMIRATESPASSENGER

Emirates refused to enter into my claim as they said it was more than 6 years old despite what it says on MSE!
They also said no further correspondence throwing my claim out completely!
We had two long delays flying from LHR to AKL via Dubai and Melbourne in early 2005. Both were over two hours.
This does not go along with what MSE have said at all and in fact even the CAA, who I had to approach due to Emirates not responding to my letters, initially tried to fob me off with the same excuse!
So congratulations both Emirates and the CAA for your fantastic non-assistance!

:wall:

111KAB

EMIRATESPASSENGER wrote: »

Emirates refused to enter into my claim as they said it was more than 6 years old despite what it says on MSE!
This does not go along with what MSE .....
So congratulations both Emirates and the CAA for your fantastic non-assistance!

Many on here have tried to get MSE to provide a more specific comment regarding the 6 year rule (Dawson pending) to no avail. Yes the law goes back beyond 6 years but the ability to get an airline to pay up often relies upon a court claim which has the 6 year restriction so in effect Emirates and the CAA can put two fingers up to you and it appears they have done so.

David_e

EMIRATESPASSENGER wrote: »

Emirates refused to enter into my claim as they said it was more than 6 years old despite what it says on MSE!

https://forums.moneysavingexpert.com/discussion/4896695

"Small claims time limit 6 years in England & Wales, 5 years in Scotland but this is currently subject to an appeal in the Dawson case (see below)

Airline claims 2 years maximum to claim The England & Wales time limit is 6 years, - that's the Law - Scotland 5 years (see link above for Scotland)

'More' Judgement on 22nd NOV confirms the limit is whatever applies in the Country - 6 years England & Wales, 5 years Scotland"