Small claims post Brexit issues - flight compensation help!

ellenpal

Wonka_2 said:

When did this happen ? You mention 'several months' and 'nearly a year' ?

How did you pay ? - still not answered

Part of a package or flight only ? Assuming flight only then who did you pay ?

And on the day when you were bumped what actually happened ? Were you given any paperwork by the airline/handling agent ? Or any advice on next steps ? Or did you contact the people you booked the flight with ?  Depending on the airport(s)/time of year there may well have been other options - did you push for those on the day or accept the next day flights and then organise your own expecting them to pay ? 

As others have said insurers/credit card is likely to be the best option at this stage - if not you're looking at greek lawyers which aren't likely to come cheap.

I'd also forget your desire to see SunExpress 'make things right' - it's unlikely to happen 

1. 2022, CAA completed in 2023, Greek small claims court attempt 2024. 

2. Flight only, via booking website. By debit card. 

3. The issue of what happened on the day doesn't seem particularly relevant since CAA has given me a favourable opinion after looking through the evidence. I assure you, we explored every option. I am quite positive our claim is legitimate and we had no other option but to book a last minute flight the same day. My only question here is how I can pursue the claim in a post Brexit system. 

4. It was Sky Express. Thank you for your opinion but I think it's not time to give up just yet. 

Wonka_2

ellenpal said

 4. It was Sky Express. Thank you for your opinion but I think it's not time to give up just yet. 

Oops my bad 

Good luck and let us know how you get on

martindow

Would a company like Bott and Co take on an international case like this?  They would take their cut, but you would at least get something back.

I suspect that even for £4000, employing Greek lawyers to pursue this would soon eat up this sum.  And 'winning' the case does not automatically get you any money.  It could leave you needing to make another case at further expense to enforce a judgement and get bailiffs involved etc.

It's unfortunate that while the law is clear regarding compensation, the practice can be very different with airlines avoiding payment by effectively ignoring claims.

ellenpal

martindow said:

Would a company like Bott and Co take on an international case like this?  They would take their cut, but you would at least get something back.

I suspect that even for £4000, employing Greek lawyers to pursue this would soon eat up this sum.  And 'winning' the case does not automatically get you any money.  It could leave you needing to make another case at further expense to enforce a judgement and get bailiffs involved etc.

It's unfortunate that while the law is clear regarding compensation, the practice can be very different with airlines avoiding payment by effectively ignoring claims.

Yes, I'm exactly thinking the same thing. Getting a Greek solicitor may end up costing a great deal more and I may end up with nothing in the end. 

I will look up Bott and Co - never heard of them before. Happy to chase any leads! Thank you 

ellenpal

martindow said:

Would a company like Bott and Co take on an international case like this?  They would take their cut, but you would at least get something back.

I suspect that even for £4000, employing Greek lawyers to pursue this would soon eat up this sum.  And 'winning' the case does not automatically get you any money.  It could leave you needing to make another case at further expense to enforce a judgement and get bailiffs involved etc.

It's unfortunate that while the law is clear regarding compensation, the practice can be very different with airlines avoiding payment by effectively ignoring claims.

I certainly will. I've filed the insurance claim but I think I have even less of a chance with them! 

[Deleted User]

Another Brexit bonus.

Unfortunately the credit card route was probably never going to work because you used a middle man - the travel website. Always book direct, and always file a claim with your card provider when you can.

mdann52

Has the Greek Court misunderstood the claim I wonder. Yes the cross-border provision is no longer valid, but you should still be able to start a claim as a non-EU resident. I wonder if they misunderstood the CAA decision as a court order, and that you were submitting another judgement to the court for local enforcement.

I don't think service on a check in counter would be valid under UK law.

ellenpal

[Deleted User] said:

Another Brexit bonus.

Unfortunately the credit card route was probably never going to work because you used a middle man - the travel website. Always book direct, and always file a claim with your card provider when you can.

That is true, but I'm not really after a refund for flights. I'm after the incredibly expensive rebooked flights that I was forced to pay for and of course the delayed flight compensation would be an added bonus. The credit card would not have paid for that, unless I am misunderstanding something. Do credit card companies fund those additional expenses? 

ellenpal

mdann52 said:

Has the Greek Court misunderstood the claim I wonder. Yes the cross-border provision is no longer valid, but you should still be able to start a claim as a non-EU resident. I wonder if they misunderstood the CAA decision as a court order, and that you were submitting another judgement to the court for local enforcement.

I don't think service on a check in counter would be valid under UK law.

That is something to consider but I don't think so. Here is a snippet of their reply to me:

 As expressly provided in Article 67(3)(e) of the UK Withdrawal Agreement, Regulation (EC) No 861/2007 on the European Small Claims Procedure is applicable to small claims proceedings in respect of which the relevant action was brought before the end of the transition period (31-12-2020), but this action was brought after that date.

mdann52

Sounds like you've applied to start action incorrectly, using the EU small claims procedure rather than the Greek-specific procedure. One unfortunately is not the same as the other!

This is an instance where a claims management company may well be beneficial, especially if you don't have knowledge of the Greek civil courts