Flight delay and cancellation compensation, Virgin Atlantic ONLY

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  • Daisysmom wrote: »
    Brilliant!! Well done!!

    Can you give any help with mediation as I have mine in a few weeks so any hints tips would be more than welcome to give me some idea as to what to expect.

    Thanks x

    Thanks, my best advice would be to have all of your arguments to hand and have your key ones listed for quick referral as it seemed to be quite a fast paced session!!

    Basically it was broken down into 3 parts: the past, present and the future. I.e. What happened and specifically why you are claiming x amount, the argument / counter argument phase and then the negotiation (if they are prepared to) phase.

    Each time the mediator would explain what info she needed depending on the phase and clarify what exactly you wanted to say to Virgin before hanging up and doing the same with them.

    The mediator told me to argue my points as if I was persuading a DJ such as suggesting what would be considered reasonable etc.. This wasn't meant to intimidate me but to be realistic though I admit it did throw me a bit at the time!

    I will respect the confidentiality clause however so won't go into what was argued but suffice to say it has all be said on these pages :)
  • I've had the usual rejection letter from Virgin after putting in a claim for a 21hr delay back from Orlando to Manchester in August 2011. Virgin are claiming the aircraft developed a fault with a "Flap Position Transmitter" which they are claiming is an extraordinary circumstance as defined in the NEB guidelines http ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf". Number 25 - Unexpected flight safety shortcomings

    Do these guidelines hold any weight, to me it sounds like a pretty straight forward technical fault. Has anybody had any success with claiming in similar circumstances?
  • cadmus
    cadmus Posts: 260 Forumite
    just enroled for my MCOL . can anyone point me in the right direction to a template of sorts for what to write in the "particulars of claim " section .
    I have tried googling for a template this and found nothing so hope some of you that have experienced this can advise me what to write
  • Vauban
    Vauban Posts: 4,736
    First Anniversary Combo Breaker
    Forumite
    Halo74: Read the thread "European UnionViews on Extraordinary Circumstances"

    Cadmus: See the "Taking the airline to court" thread
  • rpstdavids wrote: »
    Just come across this thread.

    I had a 7 hour delay on a flight to Boston back in Nov 2007. The original reason given was technical, and then crew ran out of time so had to be replaced.

    Have filled in the form, not expecting anything, but no harm in trying.

    Will update when/if I have some news.

    Did you still have boarding pass etc from 2007? I was delayed 8 hours for a flight to Las Vegas in 2007 but do not have boarding pass or any evidence, who keeps documents that long?
  • Vauban
    Vauban Posts: 4,736
    First Anniversary Combo Breaker
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    When in 2007? If it was before October, you are out of time!
  • cadmus
    cadmus Posts: 260 Forumite
    edited 22 September 2013 at 1:55PM
    just one little quickie .... almost completed my MCOL and at the final stage..... its regards to the interest mine worked out to £190 on 3x EUR300 from delay 21/07/2010 upto today which equates to approx 17 pence a day .so I then listed my total interest in the box as £190 BUT on the final page its states my daily interest up to judgement as £190 daily ...obviously this is wrong , so should I of put 17pence on the previous page and then the final page would show as 17 pence a day interest up to judgement .... I thought the full interest amount had to be entered and not the daily amount so any advice please.
  • Thanks, my best advice would be to have all of your arguments to hand and have your key ones listed for quick referral as it seemed to be quite a fast paced session!!

    Basically it was broken down into 3 parts: the past, present and the future. I.e. What happened and specifically why you are claiming x amount, the argument / counter argument phase and then the negotiation (if they are prepared to) phase.

    Each time the mediator would explain what info she needed depending on the phase and clarify what exactly you wanted to say to Virgin before hanging up and doing the same with them.

    The mediator told me to argue my points as if I was persuading a DJ such as suggesting what would be considered reasonable etc.. This wasn't meant to intimidate me but to be realistic though I admit it did throw me a bit at the time!

    I will respect the confidentiality clause however so won't go into what was argued but suffice to say it has all be said on these pages :)


    Thank you so much for your information, that really gives me a good idea on how to present my "case" to them ... brilliant!! Im quite clued up on what I want to say but wasn't sure if I would be given a chance and how much indepth would they want to know so Thanks again and keep your fingers crossed for me x
  • Right I'm going for it. :)
    Have filled out 2 separate forms, one for me and one for the husband. Am I OK to put them in the same envelope and should I put a accompanying letter with it as I want it all dealt with on the same claim IYKWIM.
  • Hi. Have just come across this forum and a very interesting read it is too! I have two separate Virgin flights I am thinking of claiming compensation for. The first was flight VS028 from Orlando to Gatwick, which should have taken off on the 5/8/2010, but eventually took off some 23 hours later. We were told that either the day before, or two days before, our plane was on the ground in the West Indies somewhere, when a truck delivering the food drove into one of the engines. This necessitated a new engine being flown out and attached, and the knock on effect was that our flight was cancelled. From reading this thread I have decided that this does not come under "exceptional circumstances", so hopefully will be ok with this one.
    The second one I'm not so sure about. It was flight VS043 from Gatwick to Las Vegas on 23/10/2012, which suffered a 207 minute delay, we were told because of damage caused by a bird strike as the plane was inbound to Gatwick from wherever it was coming from on the previous flight. Does that actually constitute "exceptional circumstances" do you think, or is that just Virgin's bad luck?
    Also, just on the off chance, has anybody else on here claimed for either of these flights and if so with what result?
    Thanks.
    Ok, with regards to the Las Vegas flight here is where I have got to. I sent in my claim for myself and my wife and eventually received the expected EC defence. I then sent off an NBA letter and heard no more. So, I started the MCOL proceedings for 300 euros each for myself and my wife, plus interest.
    Virgin are defending my claim on two fronts The first is that I don't have the right to include my wife in the claim, even though I paid for both the tickets at the time of booking. That can't be right surely? Secondly, the expected EC defence. What they actually say is:-
    "The claimant purports to bring this claim on behalf of another person named in the particulars of claim. The claimant has no standing to bring a representative action. In the premises and insofar as can be discerned from the particulars of claim, the claimant is only entitled to claim relief to the extent recoverable in his sole name."
    "The aircraft due to operate the flight, suffered a bird strike on-route to Gatwick on 23/10/2012. The defendant's engineers inspected the aircraft for damage upon arrival at Gatwick and found that damage had been caused to the fan blades in engine number 4. Replacement blades were needed to rectify the damage and allow the flight to operate safely."
    As far as I can see, I am absolutely in the right here, but any observations from the more expert on here would be gratefully received before I press on.
    Thanks
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