flight delay compensation and small claims court

spartan7510

I would be grateful for feedback on the following. I have an issue with IBERIA refusing flight delay compensation for 6 hour delay on flight from Madrid to Panama. After trying to get answer from them and after sending Notice Before Action letter to which they did not reply, I initiated claim though MCOL. The claim was for flight delay on outbound flight under EU regulation and on return journey lots of issues with check-in related problems which I will not go into detail, so a claim was made for this portion under Consumer Rights Act Travel Ammendments for around £396


Iberia lawyers responded with settlement for delay portion, but refusing any compensation for return leg. Their arguments are as such:


[FONT=&quot]we note that you seek to recover the sum of £396 with reference to the Consumer Rights Act for poor customer service. As you may be aware, pursuant to the House of Lords Judgment in Sidhu v. British Airways, a carrier’s liability to passengers is governed exclusively by the Montreal Convention (with a special carve-out for EC Regulation 261/2004). The Consumer Rights Act cannot apply in relation to your claim and you will note that section 73(1)(b) of the Consumer Rights Act specifically disapplies the Consumer Rights Act in cases where the matter is governed by an international convention. As stated above, the Montreal Convention is the exclusive legal instrument available to you in this case and the UK is a signatory state. As such, the Consumer Rights Act is not engaged and your claim for £396 cannot succeed.
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[FONT=&quot]--> So what was the point of Consumer Rights Act Travel Ammendments 2016 if this does not apply becuase of Montreal Convention? CRA travel ammendments 2016 specifically references Air Travel. The case law they quoted is from 1996 which pre-dates the CRA Travel Ammendments 2016 by some 20 years --> is their argument still relevant given ammendments made?
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[FONT=&quot]second point they claim that interest (which can be claimed through County Court at 8%) is irrelvant - they specifically state "[FONT=&quot]Finally, there are numerous European Court of Justice authorities evidencing that a claim for compensation under EC Regulation 261/2004 does not attract interest under s.69 of the County Courts Act 1984. As such, this element of your claim cannot succeed either."[/FONT][/FONT]
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[FONT=&quot][FONT=&quot]Anyone had any experience in this? Be grateful for some feedback.
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Tyzap

Hi Spartan7510,

I know about the EU261 flight delay regulations and can offer help in that direction if required, although it sounds like that side of your claims settled.

I have not known anyone claim under the consumer rights act and know nothing about that in relation to a flight, so can offer no help in that direction.

I understand that claims for interest relating to a compensation claim, rather than a debt, do not automatically attract interest, although a judge can award interest if he/she feels it would be appropriate.

Sorry I'm not able to help more.

legal_magpie

I believe that the Act only applies to Ferries, trains and coaches. So far as I know, the Act only applies to airlines in relation to unfair terms.
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-travel-amendments#what-can-i-claim-for