Stuck between a rock and a hard place...

jpsartre

I'm not denying the legal responsibility to notify passengers, what I'm saying is that they can only notify passengers by using the contact details provided at the time of booking. If they are not those of the passengers it cannot be the airline's problem and the verdict linked to earlier does not establish that it is. If I mistype my email address when making a booking you presumably wouldn't argue that it is the airline's responsibility to catch this error (how could they?) or that the airline has failed in their obligations if they send a cancellation notice to the email address I provided.

KevinK

They are now just simply refusing to pay out, I've quoted the case law posted here now in a final attempt at progressing this but it's looking like I'll need to go the legal route.

Thanks for all the replies.

Justice13075

Stop the ping pong you have 3 choices.1. forget it 2. Send them a Letter Before Action and if they don't pay take them to court 3. Hand it to a No Win No Fee firm. Your Choice. All you are doing at the moment is wasting time. Good Luck with whatever you choose.

Tyzap

KevinK wrote: »

They are now just simply refusing to pay out, I've quoted the case law posted here now in a final attempt at progressing this but it's looking like I'll need to go the legal route.

Thanks for all the replies.

Hi Kevin,

This is clearly a case of none compliance of the regulations.

You should report them to the CAA and then send them a LBA. They will not be able to defend their stance in court, if it goes that far.

Good luck.

KevinK

Justice13075 wrote: »

Stop the ping pong you have 3 choices.1. forget it 2. Send them a Letter Before Action and if they don't pay take them to court 3. Hand it to a No Win No Fee firm. Your Choice. All you are doing at the moment is wasting time. Good Luck with whatever you choose.

Tyzap wrote: »

Hi Kevin,

This is clearly a case of none compliance of the regulations.

You should report them to the CAA and then send them a LBA. They will not be able to defend their stance in court, if it goes that far.

Good luck.

Thanks for the replies, my plan now is to wait for their reply then if they refuse yet again send an LBA. If unsuccesful I'll then proceed myself or through a no win/no fee lawyer.

Just an additional thought, there was me and 3 other passengers - would it be best to go ahead with the no win/no fee all 4 of us or just myself then try dealing with the airline directly yet again for the other 3 if/when they pay out for just myself.

Edit: Realise I could have been a bit more eloquent in last point but it's late - hopefully that makes sense.

111KAB

KevinK - be aware that the airlines read posts on these pages - in my court case they produced copies of comments made on these pages in their bundle.


You can go ahead with a single application but there are cases where a claimant has 'won' on this basis and the airline have still denied others in the party from their dues thus forcing a further court application.

KevinK

111KAB wrote: »

KevinK - be aware that the airlines read posts on these pages - in my court case they produced copies of comments made on these pages in their bundle.


You can go ahead with a single application but there are cases where a claimant has 'won' on this basis and the airline have still denied others in the party from their dues thus forcing a further court application.

Thanks for that.

In the off chance they are looking in - Aer Lingus you are the worst airline for customer service out there!

KevinK

Didn't go down the legal route, been waiting months for the Commission for Aviation Regulation to get back to me. Depending on their reply I may have to.

Alan_Bowen

CAR is the enforcement authority in Dublin and yet in your first posting you indicated it was a domestic flight, which on Aer Lingus could only have been from Belfast. If so, CAR have no jurisdiction, it is the CAA in London and many have commented that they are useless in this respect. On that basis, take action by initiating legal action or give up as you seem to have got nowhere so far

KevinK

Alan_Bowen wrote: »

CAR is the enforcement authority in Dublin and yet in your first posting you indicated it was a domestic flight, which on Aer Lingus could only have been from Belfast. If so, CAR have no jurisdiction, it is the CAA in London and many have commented that they are useless in this respect. On that basis, take action by initiating legal action or give up as you seem to have got nowhere so far

Apologies for confusion the thread was started a while ago and that was an oversight, the flight was Dublin to Glasgow.