Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • JonHeath
    JonHeath Posts: 5 Forumite
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    JonHeath wrote: »
    Hi all,

    A bit of advise please. We were on flight vs004 from JFK to Heathrow on Sept 23rd 2007. It sat on the tarmac with us all on board for over 3.5 hours due to the aircraft fuel gauge apparently not matching what the ground fuel unit said had been pumped in! During this time we had no food or drink. The plane landed late in Heathrow by 199 minutes. We believe we complained at the time and got nowhere...

    We only heard about our ability to claim financially this week on 'this morning' when Martin Lewis highlighted the improved guidelines on the law in question.

    I have a few questions:

    1. Do I have a good case to claim the 300 euros per person (my wife and I)?

    2. My main problem is time. I've just read the info on this thread and understand that I have to have made my claim within 6 years. This is due to expire in a few weeks 23/09/2013 so I need to make sure I'm doing the right thing. My plan is to fill in the virgin form and also send the NBA at the same time. I was planning on using Centipede100's NBA template. I was going to send it tomorrow (06/09/2013) giving until 21/09/2013 to reply. If I don't hear back I'll then raise a claim through MCOL on 22/09/2013. Do these timelines sound ok?

    Thanks all
    Jon

    Hi all,

    I'm going to be raising my MCOL this week as per the claim above. Is there any advice on what to put in the MCOL itself, as I can't see anything on the first page, or am I missing it?

    Or is it a copy and paste of some of the NBA?

    Cheers
    Jon
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Read the taking the airlines to court thread - some good links and templates there I recall.
  • RedSky1974
    RedSky1974 Posts: 187 Forumite
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    Vauban wrote: »
    I think you are doing the right thing. Whilst it is tempting to write an authoritative letter in the hope that it might show Virgin that you know what you are doing, it seems that they often don't really read these and just cite extraordinary nonsense. Of course once claimants start legal action, this does seem to get Virgin's attention ...

    A shame to see an otherwise great airline behaving like this. But you know what you need to do.

    Thanks Vauban. I'll send one last letter and then start the proceedings :)
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
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    crouchmagic wrote: »
    Thanks Vauban. I'll send one last letter and then start the proceedings :)

    Only if the last letter puts them on notice that your going to take them to court? Because if you have already done that (given them 14 days notice) then there's no point in writing to them again.

    Unless you think they are going to change their minds and send a cheque by return? :rotfl:
  • paidinchickens
    paidinchickens Posts: 1,468 Forumite
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    Hi,

    Thanks for the links to the Virgin forms I have filled them in and will post tomorrow. The delay was 283 minutes and we were told at the time it was due to a delay on the previous flight.

    I have filled the paperwork in for hubby and our three kids but I can't find our boarding passes. I usually keep EVERYTHING so will check the loft :eek:

    What happens if I can't find them??

    Thanks

    PiC x
  • hmtowns
    hmtowns Posts: 21 Forumite
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    paidinchickens wrote: »
    Hi,

    Thanks for the links to the Virgin forms I have filled them in and will post tomorrow. The delay was 283 minutes and we were told at the time it was due to a delay on the previous flight.

    I have filled the paperwork in for hubby and our three kids but I can't find our boarding passes. I usually keep EVERYTHING so will check the loft :eek:

    What happens if I can't find them??

    Thanks

    PiC x

    I would not worry too much. You have the proof that you were on the plane i.e. you had a booking and you are back in the UK. This seems to be a new tactic that Virgin are using as in my case they have admitted that I was on the plane in their defence. Your witness statement (if you should need one) would stand as your evidence and if you put in that that you were on the plane that should be sufficient.
  • cadmus
    cadmus Posts: 260 Forumite
    edited 15 September 2013 at 9:15PM
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    after receiving my EC letter from virgin I sent my NBA to them 18 days ago and no reply from them. I would like to show virgins reason for EC...........

    " we regret to advise that we have declined your claim on the grounds that the delay was caused by extraordinary circumstances that were beyond the control of virgin atlantic and which could not have been avoided even if all reasonable measures had been taken.
    In your particular case , the flight was delayed because of accidental damage to one of the engine blades during a previous service . this required a full investigation and repair before the aircraft could operate your flight into orlando.
    Technical problems stemming from events which by their nature or origin are not inherent in the normal exercise of our flying activity and are beyond our actual control ie mechanical discrepancies outside of the standard manufacturers maintenance manual , are exempt from compensation "

    could someone please kindly offer me some advise if I have a good case and start my MCOL . I have been reading hundreds of delay questions and answers all afternoon and no one has has an EC like mine and Im very nervous and confused about proceeding as I need to be sure I have a solid case for compensation.
    any replies would be greatly appreciated
  • David_e
    David_e Posts: 1,498 Forumite
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    cadmus wrote: »
    could someone please kindly offer me some advise if I have a good case and start my MCOL . I have been reading hundreds of delay questions and answers all afternoon and no one has has an EC like mine and I very nervous and confused about proceeding as I need to be sure I have a solid case for compensation.
    any replies would be greatly appreciated

    I would say that you have a case. How on earth can the servicing of their own planes be regarded as beyond their control?!

    If you are "very nervous and confused about proceeding" having used the resources on here, you should probably take this via a (so called) no win, no fee solicitor.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    Cadmus you have a (very) valid reason to claim. If Virgin were not in control of their own plane who was? NBA then court with every chance of success.
  • cadmus
    cadmus Posts: 260 Forumite
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    David_e wrote: »
    I would say that you have a case. How on earth can the servicing of their own planes be regarded as beyond their control?!

    If you are "very nervous and confused about proceeding" having used the resources on here, you should probably take this via a (so called) no win, no fee solicitor.
    thank-you david -e and 111kab for your reassuring comments and most appreciated.
    I want to go the MCOL way but its the prospect of going to court that puts me off .... is it highly likely in my scenario it could go to court or could virgin settle before it gets that far . I know im asking a crystal ball question but on averages what way do you think this could unfold .
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