Flight delay compensation, all other EU airlines

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  • Sportacus
    Sportacus Posts: 237 Forumite
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    Who are MCOL? A google search for them turns up an EU compensation no-win no-fee claims firm, is using one of these firms worth the cut they take?

    Also, I finally got an answer from Norwegian, they said the cancellation was due to staff sickness and was beyond their control.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    MCOL stands for money claim online it is where you issue court proceedings through the small claims court. Costs around £60 but you get that back from the airline along with your compensation.
  • peter_333
    peter_333 Posts: 123 Forumite
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    edited 23 July 2018 at 11:48AM
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    Sportacus wrote: »
    Who are MCOL? A google search for them turns up an EU compensation no-win no-fee claims firm, is using one of these firms worth the cut they take?

    Also, I finally got an answer from Norwegian, they said the cancellation was due to staff sickness and was beyond their control.

    Others will have more experience on this, but I can't believe that staff sickness could be classed as an "extraordinary circumstance". Staff occasionally get sick. In fact, I don't think it's even remotely a stretch to say that staff sickness is a common (likely everyday) occurrence, and it's the airline's job to be prepared for these eventualities with adequate standby staff, etc.

    If the courts have deemed that aircraft mechanical failure is not an "extraordinary circumstance", then unless a major national pandemic wiped out a huge portion of their crew, I can't image having a sick pilot would allow them to escape compensation requirements.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    peter_333 wrote: »
    Others will have more experience on this, but I can't believe that staff sickness could be classed as an "extraordinary circumstance". Staff occasionally get sick. In fact, I don't think it's even remotely a stretch to say that staff sickness is a common (likely everyday) occurrence, and it's the airline's job to be prepared for these eventualities with adequate standby staff, etc.

    If the courts have deemed that aircraft mechanical failure is not an "extraordinary circumstance", then unless a major national pandemic wiped out a huge portion of their crew, I can't image having a sick pilot would allow them to escape compensation requirements.

    Crew sickness is only considered as an EC when it affects the crew either immediately prior to or during a flight, particularly if it causes a medical emergency and diversion during the flight.

    Bott & Co solicitors have won a case or two where the airline claimed sickness was an EC, I don't believe it set a precedent tho.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Sportacus
    Sportacus Posts: 237 Forumite
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    Thanks all, sounds like MCOL is the way to go then. Have people's experiences of ADR (the method recommended on this site) not been good then?
  • peter_333
    peter_333 Posts: 123 Forumite
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    Sportacus wrote: »
    Thanks all, sounds like MCOL is the way to go then. Have people's experiences of ADR (the method recommended on this site) not been good then?

    Keep in mind with MCOL that if you loose, you will be liable for the court fees. You only get those reimbursed IF you win the case.

    So if you are uncertain, or would be unhappy loosing the court fee, you could look at one of the reputable "No win no fee" claims services as an alternative. The obvious proviso here is that if you win, your compensation will be lower than doing it yourself.
  • Sportacus
    Sportacus Posts: 237 Forumite
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    £60 court fee is a lot less then any claim firm would charge, but can anyone say roughly how many hours of my time would be involved in pursuing through MCOL?
  • JPears
    JPears Posts: 5,086 Forumite
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    Sportacus wrote: »
    Thanks all, sounds like MCOL is the way to go then. Have people's experiences of ADR (the method recommended on this site) not been good then?
    There have been some weird results from ADRs both for and against the claimants.
    One of the biggest problems appears to be enforcement of the decision in terms of payment as the ADR has no legal powers to get an airline to pay up.
    If you're new. read The FAQ and Vauban's Guide

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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Sportacus wrote: »
    £60 court fee is a lot less then any claim firm would charge, but can anyone say roughly how many hours of my time would be involved in pursuing through MCOL?

    I'm not sure if Norwegian are members of an ADR scheme or not, they don't seem to be on the CAA list.

    If they are in an ADR scheme use that, if not issue a NBA giving them one last chance before you commence court action if they do not pay you PDQ.

    Staff sickness is not an EC in this case as the aircraft did depart, just went without any passengers!

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • peter_333
    peter_333 Posts: 123 Forumite
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    Tyzap wrote: »
    Staff sickness is not an EC in this case as the aircraft did depart, just went without any passengers!

    It could be that one or more rostered flight attendants called in sick (potentially last minute) so while pilots were able to fly the route, they possibly didn't have cabin staff to run a passenger carrying service.

    Not suggesting such a situation would constitute an EC, but it would explain why the plane still departed.
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