FlyBe - 'Denied Boarding Compensation Form'

uktd

Hi - I recently had a my flight cancelled due to a replacement plane having less seats than needed. The Flight was about 3 weeks ago on 11th Feb with FlyBe, and I was offered compensation and filled in the form at the airport and submitted that day.
It's now 3 weeks later and FlyBe have just gone into administration and was wondering what my position is with regards to ever getting this compensation paid?

Thanks.

bradders1983

Simple answer is you won't. You can always add yourself to the list of creditors but you will be at the bottom of the list, and be lucky to get 0.1p in the pound in a years time.

Write it off.

JPears

If you paid by credit card, you could try a section 75 claim if you have evidence that Flybe owed you money.

bradders1983

JPears said:

If you paid by credit card, you could try a section 75 claim if you have evidence that Flybe owed you money.

Did the OP travel on a replacement flight provided by the airline? If he did, I cant see how a valid S75 claim exists.

uktd

Hi, yes I was put on another flight - the following day.
The denied boarding compensations is an EU Regulation (261/2004) for airlines (I've attached the form). I'm not holding out for anything - I suppose its just very unfortunate timing, and to be honest, it's more of an issue for all the FlyBe staff out of work now! - But I was more wondering how the regulation and claim stands in this event?

bradders1983

Ah, well in that case if you were provided another flight you are bang out of luck, there is no valid S75 claim here. The service  you paid for was (late, yes) provided and therefore your credit card provider will not be interested.

EU compo claims are as per my first reply to you - bottom of the liquidators queue as an unsecured debt. They will owe millions to airports, fuel companies, leasing companies etc...and there is probably no money in the pot as it is.  Personally, I wouldnt bother adding yourself to the queue. Same applied to Thomas Cook recently.

JPears

If the OP has confirmation from Flybe that compensation is due and was to be paid, then a contract and debt exists. I would still be inclined to make an S75 on the grounds of broken contract.

If Flybe had not confirmed, in writing or email. that a pecific compensation was due, then there is no claim.

bradders1983

JPears said:

If the OP has confirmation from Flybe that compensation is due and was to be paid, then a contract and debt exists. I would still be inclined to make an S75 on the grounds of broken contract.

If Flybe had not confirmed, in writing or email. that a pecific compensation was due, then there is no claim.

That is irrelevant. The credit card transaction was for a flight, which was provided. The fact a subsequent agreement made solely between the OP and the airline was made is totally irrelevant.

This article is from when Thomas Cook were around but it applies here also:

https://www.thisismoney.co.uk/money/experts/article-7545913/Will-flight-compensation-Im-Thomas-Cook.html

'Now that Thomas Cook Group is in liquidation and in the control of the Official Receiver, our advice would be to those that have an outstanding compensation claim against Thomas Cook, that they will be treated as a creditor and need to register as a creditor in the liquidation.'

Of course, the process of liquidation means there will be plenty of people and companies, including big banks, fighting over whatever pot of money the administrators can muster out of what remains of Thomas Cook, which means in turn there's no guarantee you will get your money back.

Secured creditors will get their money back first, with unsecured creditors further down the line for what can be salvaged

By all means, he can ring his credit card company and ask. He may even be told he can fill a form in, but that will be said by someone who is either a) just being polite, or b) doesnt fully understand the situation.

Justice13075

I agree with JPears. The only mention of S 75 in the article says,  but those brought home on a repatriation flight are not entitled to a refund under Section 75 of the Consumer Credit Act. Thomas cook was already finished and their customers were brought home by other Airlines. This is entirely different Flybe was still a going concern and owed compensation to the OP. Whether or not he will get any joy claiming from his Credit Card company I'm not sure but it is worth a try.

bradders1983

Its not different at all. Anyone owed compo by TC was told to join the back of the liquidation queue. This is exactly the same.  Both are airlines that went under owing people EU claim money, how on earth is it different?

Have another link:

https://flightdelaypay.com/thomas-cook-bankruptcy/

EU261/2004 claims

What will happen to my claim? If your claim is agreed, then you will become an unsecured creditor and may eventually be paid part of your claim by the administrator. If your claim has not already been assessed if may too late. It is unlikely it will now be assessed and so will be an unproven claim. In order to ensure your claim is a valid claim it is likely that it will be necessary to litigate. However, the costs outweigh the possible benefits so in practice your claim will not progress.

Why on earth would Visa/Mastercard refund the flight cost when the flight was taken and the service/product has been provided? In any case, the compo is more than likely more than the cost of the flight in most cases.

Alan_Bowen

Having watched the development of EU261 claims for years, I am not aware of any card issuer ever offering to refund any compensation lost when the airline fails. If anyone knows otherwise let them speak now (and identify the card issuer so that we can all go and get pone for future use)