Do you HAVE to go through Adjudication Services?

Gorie

I was recently delayed on a European Flight due to a spurious ‘natural disaster’. The airline in question have refused to pay out citing exceptional circumstances. They have not responded to subsequent emails / letters.

My question is do I need to use an adjudication service (and wait the eight weeks etc…) Or could I just serve a Notice Before Action and then proceed with a Money Claim Online?

What are other people’s experiences with CEDR and other adjudicators?

Many thanks for your experienced help.

Vauban

You can proceed with MCOL - but why would you? CEDR seem to be pretty fair and - if it's a straightforward case - it'll be much quicker than going to court (which takes potentially many months).

Gorie

Thanks Vauban. I guess I will try CEDR first.

Furthermore on reading it again the webpage on MSE about flight delays states:

If you're flying to or from the UK and your airline's with an adjudicator, you MUST use the ADR scheme.

So I've emailed and written (with proof of postage) to EasyJet today.

Vauban

Gorie wrote: »

Thanks Vauban. I guess I will try CEDR first.

Furthermore on reading it again the webpage on MSE about flight delays states:

If you're flying to or from the UK and your airline's with an adjudicator, you MUST use the ADR scheme.

So I've emailed and written (with proof of postage) to EasyJet today.

In fairness, I think the context of the paragraph means that if you want to appeal to an adjudicator, you have to use the one the airline has formally signed up to (rather than a separate one - of which there are a few). You absolutely don't have to go to ADR before going to court.

Gorie

Thanks for that - time has come and I'll put my claim to ADR.

JPears

What was the "natural disaster"?

Gorie

It was the first of three excuses used in phone calls for said flight. It changed to weather and then became ATC restrictions. They emailed and phoned me to explain politely why I couldn't claim - both with alternative reasons.

JPears

Sounds like a touch of bovine excrement being cast around there by airline?
Which airline?

Gorie

It was EasyJet.

Their rejection to my initial claim cited natural disaster. I wrote to them and then received two phone calls, each with a new excuse and finally (as I had asked for emails) an email stating weather.

They had told us (ground staff in airport on day of delay) weather on the day (in Southern Europe) delayed our aircrafts preceding flights. So I think that is the most likely and accurate explanation. But weather didn't affect MY flight.

I've just today escalated to CEDR...

JPears

Have you read the EJ thread? You will see that EJ are not above misinforming or deceiving customers.....

Gorie

Yup I've read it loads - yet somehow I'm still surprised. Makes me wonder whether some people there are actually paid to phone claimants and see how many they can put off taking things further???