Claiming against Norwegian Airlines

13468920

Comments

  • Froggitt
    Froggitt Posts: 5,904 Forumite
    Tyzap wrote: »
    Hi Symphony63,

    I would maybe start with a paragraph along the lines of...

    I disagree with your interpretation and understanding of EC regulation 261/2004, which you clearly do not understand, for the following reasons.

    I would also end with the assertion that you WILL take then to court etc

    Overall it seems a good reply, imo.

    Good luck.

    However both they and we know that they do understand it, they are just trying to wriggle out of their obligations.

    On my second claim against them, I referred to my first claim which I took to the CAA and won, and so the second claim they rolled over like a puppy.
    illegitimi non carborundum
  • Received the following reply this morning.
    Thank you for your reply.
    As previous outlined, this cancellation was caused by a manufacturing defect. In accordance with the EU 261/2004, this is considered to be an extraordinary event.
    Whilst we respect your request for further consideration of your claim, there are certain conditions which we must adhere to, in order to ensure that we are providing a fair and equitable service. In accordance with the guidelines outlined in our previous correspondence, unfortunately we are unable reconsider our decision in relation to this matter.
    Norwegian would like to inform that you have the ability to appeal our decision through the United States Department of Transportation (DOT) or through the national enforcement body of the country where the disruption occurred. Contact information can be found at the following website http://ec.europa.eu/transport/themes/passengers/air_en.

    Kind regards,

    The Customer Relations Team

    Your opinions are appreciated. What next step do you advise I should do? Go to CAA? the flight originated in JFK destination LGW
  • Froggitt
    Froggitt Posts: 5,904 Forumite
    Yes straight to CAA. It's an open and shut case.

    Remember that *half* claimants would have dropped out after their first reply, and *half* the remaining ones will drop out after the second reply. So even if CAA now find against Norwegian, which they will, this approach has saved them a fortune.
    illegitimi non carborundum
  • I should approach the CAA although the flight originated in the USA
    Froggitt wrote: »
    Yes straight to CAA. It's an open and shut case.

    Remember that *half* claimants would have dropped out after their first reply, and *half* the remaining ones will drop out after the second reply. So even if CAA now find against Norwegian, which they will, this approach has saved them a fortune.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    symphony63 wrote: »
    Received the following reply this morning.


    Your opinions are appreciated. What next step do you advise I should do? Go to CAA? the flight originated in JFK destination LGW

    I was right the first time, they really are talking rubbish!

    A 'manufacturing defect' refers to an unforeseen and undetected fault later found in an aircraft engine or wing spar etc etc. For safety reasons this would require the manufacturer to recall or ground all aircraft with this fault until it has been rectified.

    It does not refer to a parts such as, for example, a hydraulic pump which may be expected by the manufacturer to last for 1000 hours but fails after 700.

    If you or your family have a UK address I would issue proceeding via MCOL. They will then take the claim far more seriously.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • I know they are trying their best to wriggle out of their obligations.
    I already wrote to CAA. Any idea how long they take to reply?
    I need an UK address for Norwegian, do you have one?
    Tyzap wrote: »
    I was right the first time, they really are talking rubbish!

    A 'manufacturing defect' refers to an unforeseen and undetected fault later found in an aircraft engine or wing spar etc etc. For safety reasons this would require the manufacturer to recall or ground all aircraft with this fault until it has been rectified.

    It does not refer to a parts such as, for example, a hydraulic pump which may be expected by the manufacturer to last for 1000 hours but fails after 700.

    If you or your family have a UK address I would issue proceeding via MCOL. They will then take the claim far more seriously.

    Good luck.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    symphony63 wrote: »
    I know they are trying their best to wriggle out of their obligations.
    I already wrote to CAA. Any idea how long they take to reply?
    I need an UK address for Norwegian, do you have one?

    I don't believe the CAA will take on your case as it originated outside of the UK.

    To use MCOL you would need a UK address, not mine, or you may also be able to use a Norwegian address to issue similar proceeding there, but I do not know how that would work.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Froggitt
    Froggitt Posts: 5,904 Forumite
    My first claim was very similar to yours

    Standard guff to try and get rid of punters
    Thank you for contacting us with your claim. We regret the time it’s taken to respond to you and we thank you for your patience.

    We’re very sorry for the inconvenience caused by the cancellation of your flight xxxxx fromxxxxxxxxxxx on the xxxxxxxxx. Unfortunately, your flight was cancelled due to a warning light that indicated error on a previous departure. You were re-booked to xxxxxxx the following day. These were extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    Although we respect your request for compensation, we’re unable to honour your claim as your flight was cancelled due to extraordinary circumstances. This is in accordance with EU regulation 261/2004 Article 5(3).

    CAA judgement
    Following our intervention, Norwegian Air Shuttle has reassessed your flight and have informed us that the disruption of your flight is of a type which means that compensation is payable. It appears from the documentation provided, that the disruption could be considered as inherent in the normal operation of an airline. Therefore this disruption does not fall under the extraordinary circumstances’ exception of the Regulation. As such, the airline has agreed you are entitled to compensation.

    The airline has confirmed they will be contacting you to arrange payment.
    illegitimi non carborundum
  • I live in the UK and I am representing my niece from the USA.
    Any NWNF would take on this case why can I not?
    The CAA give you an option to represent someone living abroad as long as you have an UK address.
    Tyzap wrote: »
    I don't believe the CAA will take on your case as it originated outside of the UK.

    To use MCOL I will need a UK address for Norwegian, can anyone supply me with one? I found this Norwegian Air · Address
    Gatwick Airport, West Sussex RH6 0NP
    Can I use this?
  • Froggitt
    Froggitt Posts: 5,904 Forumite
    Why are you going down the MCOL route rather than the CAA route? Doesn't the CAA say if you have already started legal proceedings, good luck they're not interested?

    CAA took just over a month to rule in my favour when I did it. I am sure they deal with any claim under EU261 jurisdiction, no matter where the flight originated.
    illegitimi non carborundum
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards