Flight delay and cancellation compensation, Jet2.com ONLY

Dr_Watson · 20 February 2015 at 9:11PM

.....of this forum....

stevemej · 20 February 2015 at 11:25PM

Following our N1 we today received confirmation that jet2 are to defend our claim and have 28 days to provide their defence.
Am I correct in thinking we don't need to provide full details of the claim just yet but wait for a letter from the court with a date.

JPears · 20 February 2015 at 11:29PM

Yes. Wait for directions from court. But may as well start drawing together your court bundle.

roberts08 · 21 February 2015 at 2:12PM

Many thanks for the response from howticklediam. We wrote to Jet2 again, they replied with a holding letter on Monday, we expected a long wait for another response. Then bizarrely received another letter today. They now seem to be ignoring their original claim of 'Extraordinary Circumstances' and focussing on the fact that we didn't make an original claim within 2 years. Think we'll do as you suggest and watch what happens in March then speak to Botts.

howticklediam · 21 February 2015 at 3:33PM

roberts08 wrote: »

Many thanks for the response from howticklediam. We wrote to Jet2 again, they replied with a holding letter on Monday, we expected a long wait for another response. Then bizarrely received another letter today. They now seem to be ignoring their original claim of 'Extraordinary Circumstances' and focussing on the fact that we didn't make an original claim within 2 years. Think we'll do as you suggest and watch what happens in March then speak to Botts.

Yes, it seems the two year limitation is all they have left in their arsenal and even that's quite a stretch of the law because if your booking was pre 2014 the two year clause in the T&Cs was a limitation to claims for damages to baggage. But they are trying to twist it to fit. Also, this very point is going to be tested in the Court of Appeal at the end of March which should clear it up as the ruling will be binding in lower courts. Once that's out of the way j2 are going to have a very hard time coming up with something defensible.

Vauban · 21 February 2015 at 3:43PM

howticklediam wrote: »

Also, this very point is going to be tested in the Court of Appeal at the end of March which should clear it up as the ruling will be binding in lower courts. Once that's out of the way j2 are going to have a very hard time coming up with something dependable.

You sure about this?

I thought it was going before a County Court, which - whilst binding - means it could still be escalated to the Court of Appeal further down the line?

howticklediam · 21 February 2015 at 5:18PM

Vauban wrote: »

You sure about this?

I thought it was going before a County Court, which - whilst binding - means it could still be escalated to the Court of Appeal further down the line?

Sorry, it is an appeal at the County Court which is where I got confused. I thought all appeals went to the Court of Appeal. So it can be escalated, and all the way to the Supreme Court if j2 have the brass neck for it.

So until that appeal I think you can ask the judge to rule based on the most recent case or stay until the appeal process is over if j2 ask for it.

Glances · 21 February 2015 at 6:13PM

Thank you to everyone who took the time to reply and offer encouragement. It's really helped.

I can't say I'm not a little apprehensive about having to take this to court, but I'm (slowly!) reading through all the materials provided and such. I've drafted a response letter that's basically "you're wrong, here's the court information that shows you're wrong, I'd like to resubmit my claim", but I'm holding back on posting it until Wednesday when the Liverpool case reaches it's conclusion (I believe this is right?).

Just as a side note - has anyone tried shaming Jet2 on social media? They follow me on Twitter, only because I continuously badgered them to do so in order to send them a few DMs. I wonder if doing so would be helpful here? Although knowing Jet2 it probably won't make a slight bit of difference.

EDIT: Forgot to add, when quoting a website or a court ruling (I'm referencing Huzar vs Jet2), how do you all reference it?

111KAB · 21 February 2015 at 6:19PM

In essence Huzar v Jet2 has been to Court 4 times .... Stockport, Manchester, Appeal and Supreme. Which one are you trying to reference? I assume Supreme in which case just the single page determination will suffice.

https://www.facebook.com/MonarchComplaints/photos/pb.144289145732477.-2207520000.1424539212./342447919249931/?type=1&theater

Glances · 21 February 2015 at 8:20PM

Sorry, I should have been more specific. I actually used the wording from the CAA's website about the Court of Appeal ruling. Namely, this paragraph:

'The Court of Appeal ruled that ordinary technical problems that cause flight disruption, such as component failure and general wear and tear, should not be considered “extraordinary circumstances”. This means that airlines can only cite technical faults as a reason for not paying compensation if the fault was originally caused by an event that was “out of the ordinary”. So technical faults such as a part on the aircraft failing before departure will generally not be considered extraordinary circumstances.'

I thought it dealt with the issue I was facing rather succinctly. And I thought the mention of the CAA may help (ha! As if...). I suppose I could reference straight from the ruling? I don't know. Perhaps the Supreme ruling would be better?

I'm beginning to wonder if I should maybe just leave it to a NWNF. (Not looking for pity, just think someone a little more qualified would be better!).

Flight delay and cancellation compensation, Jet2.com ONLY

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