Flight delay and cancellation compensation, Ryanair ONLY

Dr_Watson · 12 January 2015 at 6:48PM

Mouseman wrote: »

Just filling in the forms for a flight in August.

I pretty much fell at the first question on Form A: I chose UK as the court I'd be using, as opposed to Ireland. I hope that's right?

Do we have a definitive answer to the "Do I claim in Euros, or take today's spot rate and claim in Sterling?" question please? The pages linked to in all the guides are MCOL numbers, so it looks like £70 fee for offline claims of around the £625 mark (€800)?

Also, at the declaration point of Form A it asks for "Done at:" I have no idea what this is for!

If what we were told on the plane is true then this should be fairly straightforward: The plane landed in Spain and was grounded, so Spain->UK was delayed, thus UK->us was delayed, so us getting home to UK was delayed. A classic knock on effect, whereby aircraft problems 8 hours before our flight caused us the four hour delay. :T

Ironically I'd have been happy with far, far less than the €800 I'm about to sue for; they'll never know this as replies to their CS team bounce back. Their loss! :rotfl:

Thank you for any and all guidance.

Mouseman,
The court you are using is .....well, whichever court you are using, here in the UK to process your claim.

You are claiming in Euros as per the regulation, do a quick conversion to work out the sterling equivalent so you can calculate your court fees which isn't the MCOL amount as you say.

Declaration done at is...well, wherever you are, here in the UK.

Sounds like a pretty straightforward case to me from what you have described.

Good luck and keep going.

netg · 13 January 2015 at 2:08PM

EMJ wrote: »

I have noticed a number of posts on this thread where the question "should I go to court" is asked.
In my wife's case the answer is definitely YES.

My wife and her friend were delayed by over 6 hours on a flight from Pisa to Edinburgh in May last year. Despite 5 letters to Ryanair claiming compensation all she got was the standard "Extraordinary Circumstances" refusal even tough Ryanair stated that it was a Technical Fault.
Her final letter advised Ryanair that she would take court action if the claim was refused again which it duly was.

Following advice by others on this Forum she decided to use the European Small Claims procedure and within 2 days of Ryanair receiving the summons from the court they emailed her offering the full amount of compensation (including the court fee) if she would withdraw the claim. She said that she would withdraw the claim once the full amount was transferred to her bank account.
Two weeks later the money was paid in full.

As I said at the start, if they refuse to pay take them to court. It is a very straightforward process and it seems like the only one they respond to.

Well done! And thanks for letting us know, gives all the motivation to claim what is rightfully ours!

netg · 13 January 2015 at 3:42PM

Don't know if it helps, but Ryanair can be contacted via their website (frd.ie/help) as previously suggested. The link is hard to find (surprise surprise) but saves the hassle of sending snail mail! I can't actually post a clickable link as I'm new on here, don't know if one of the more seasoned members want to assist?!

Fill out the form, select the EU261 category and you can attach your letter accordingly.

Apart from the usual rubbish replies, I've found their responses to be pretty quick.

Hope this helps.

Pmcm_2 · 14 January 2015 at 7:32PM

Dr_Watson wrote: »

Pmcm,
The response from Ryanair is of course what is expected. Yet they can't give you a reason as to why they can't comply with the boards recommendation.....same old Ryanair.
Regarding your Form A, yes do include a copy of your response from AESA, also include a copy of your LBA/NBA, and a copy of RA's response to this.
Briefly state in section 8 what happened, why you are claiming (EU261/2004 regulation) and the measures you have already taken to try and resolve this, this shows that as a consumer you have tried everything possible to make RA pay the compensation that they owe you.
The court you are making your claim to is the court in the UK that you are using, I'm not sure why it has Ireland already selected?
Ensure that you have stated the true cross border nature of the case and that the court you are using is because it is within the domicile of the appellant/ claimant which is yourself.
Last thing, remember three copies of everything to your court for the ESCP, keep the original letters from AESA and RA in your 'claim against RA file'.

Hi, I submitted my forms to court on the 5th January and I have had a reply today. I am not to sure what it means though, or whether it is good or bad news! the letter says;

"The procedural judge has identified this case as a claim which may be suitable for inclusion in a specialist list. it has therefore been transferred to the Civil Trial Centre at the County Court..... Where it will be referred to a procedural judge for case management directions. You will be sent a notice of allocation setting out the judge's directions"
Does anyone know if this is normal? If so what happens next and how long does it usually take?

Thanks in advance.

Dr_Watson · 14 January 2015 at 8:28PM

Pmcm wrote: »

Hi, I submitted my forms to court on the 5th January and I have had a reply today. I am not to sure what it means though, or whether it is good or bad news! the letter says;

"The procedural judge has identified this case as a claim which may be suitable for inclusion in a specialist list. it has therefore been transferred to the Civil Trial Centre at the County Court..... Where it will be referred to a procedural judge for case management directions. You will be sent a notice of allocation setting out the judge's directions"
Does anyone know if this is normal? If so what happens next and how long does it usually take?

Thanks in advance.

Pmcm,
A large groan from me...but not at you.
Another litigant in person you are, who has hit the first hurdle in this process that should be oh so simple.
Is this normal- no it isn't. There is no need for this to be referred to a procedural judge for case management directions, the process is a streamlined small claim and the process is clearly worded in the links on my post 569 in this thread.
So how do we educate the people at your court of choice ( do please let me know where by the way) and more importantly get your claim to follow the process it should.
You could contact the court and ask the clerk to take a look at the links in post 569 or copy these to the court, further asking for these to be shown to the procedural judge, hopefully, to educate him/ her on the process.
If successful then your claim should revert to the ESCP and you are back on track.
If the court won't accept this, I'd be tempted to retract the claim ( it clearly hasn't been allocated correctly so no papers will have been served) and go again with a court that is well versed on ESCP claims.
And yes, I've spoken on here times many on where to use.
It's not your fault your claim is at this stage, but purely down to the incompetence and poor knowledge of some of our UK courts of the ESCP.
Keep us informed, good luck and keep going.

Pmcm_2 · 14 January 2015 at 8:59PM

Dr_Watson wrote: »

Pmcm,

So how do we educate the people at your court of choice ( do please let me know where by the way) and more importantly get your claim to follow the process it should.
You could contact the court and ask the clerk to take a look at the links in post 569 or copy these to the court, further asking for these to be shown to the procedural judge, hopefully, to educate him/ her on the process.
If successful then your claim should revert to the ESCP and you are back on track.
If the court won't accept this, I'd be tempted to retract the claim ( it clearly hasn't been allocated correctly so no papers will have been served) and go again with a court that is well versed on ESCP claims.
And yes, I've spoken on here times many on where to use.
It's not your fault your claim is at this stage, but purely down to the incompetence and poor knowledge of some of our UK courts of the ESCP.
Keep us informed, good luck and keep going.

I submitted it to the Court in Wigan. I will call the court tomorrow and ask them to look at your post, if they won't revert to the ESCP how do you think my claim pan out on the route it is going at the moment?
If i do withdraw my claim would I have to pay again? Would i loose the money I have already paid?
Thanks again

Dr_Watson · 14 January 2015 at 9:10PM

Pmcm wrote: »

I submitted it to the Court in Wigan. I will call the court tomorrow and ask them to look at your post, if they won't revert to the ESCP how do you think my claim pan out on the route it is going at the moment?
If i do withdraw my claim would I have to pay again? Would i loose the money I have already paid?
Thanks again

Pmcm,
I can't see it being able to follow any other route than the ESCP, it's just how and when Wigan Court realise this, my aim is to get you on the right track ASAP.
If you do withdraw your claim your fee should be refunded, quite simply because they haven't provided the service (ESCP) that you clearly asked for.

Pmcm_2 · 14 January 2015 at 9:13PM

Ok thats great, thanks. I will contact them tomorrow and let you know how it goes

japtrupusz · 15 January 2015 at 8:04PM

Dr_Watson wrote: »

japtrupuszp,
Unfortunately this is the way that RA treats its customers. Again I feel for you and your fellow passengers in the situation you found yourself in.
Good luck with your claim for the expenses, and do keep us posted.
You know where we are.

Hello! I submitted my form 29/12/2014 and after having an online chat with one of Ryanainer employee they told me they have never received it:( Probably their system deleted it as I filled in the form which asked about delayed or cancelled flight..In my case the flight was diverted but they do not have such form and regulations I think..Please help me what to do..I tried to contact them many times but they cut off or are always busy:(

Dr_Watson · 15 January 2015 at 10:14PM

japtrupusz wrote: »

Hello! I submitted my form 29/12/2014 and after having an online chat with one of Ryanainer employee they told me they have never received it:( Probably their system deleted it as I filled in the form which asked about delayed or cancelled flight..In my case the flight was diverted but they do not have such form and regulations I think..Please help me what to do..I tried to contact them many times but they cut off or are always busy:(

japtrupusz,
Dear me, what a sorry tale. Firstly RA leave you stranded at an airport miles from your original booking, then don't seem too helpful in helping you claim your expenses that you had to incur whilst travelling by taxi from Stansted to the East Mids.
Shame on you Ryanair.
So how do we go about rectifying this wrong doing?
Answer:- we use the ESCP as described in my post 569 on this thread and adjust the process to a claim for 'expenses incurred' due to failure to provide the service as paid for by yourself. (And others).
In my opinion you have tried to claim your expenses back using the mechanisms that RA provide and they don't want to know.
So use the process given, and start the process to issue court proceedings against RA.
Give them 14 days to pay your expenses, detail what happened to you in your LBA, and how you have tried to claim the expenses back.

If you get no joy with this - come back on here, although off of the beaten track of 261/2004 claims it is one I'm particularly keen to redress, the way you were left to fend for yourselves disgusts me.
Good luck and keep going.

Flight delay and cancellation compensation, Ryanair ONLY

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