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    • Tyzap
    • By Tyzap 1st Dec 17, 2:54 PM
    • 1,634 Posts
    • 714 Thanks
    Tyzap
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the 150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential 1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    Originally posted by tonydata
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • tonydata
    • By tonydata 1st Dec 17, 2:56 PM
    • 8 Posts
    • 0 Thanks
    tonydata
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Originally posted by Tyzap
    Cool, ok, thanks Tyzap.... Will probably have a go myself!
    • starbuck_
    • By starbuck_ 4th Dec 17, 3:25 PM
    • 23 Posts
    • 4 Thanks
    starbuck_
    Hi starbuck,

    XL are being very cheeky with that offer, it's a set amount depending on distance etc.

    The airline will be XL Airways (France) as the British company went into liquidation a few years ago. This matters because I don't believe that XL have any operations or offices in the UK. If you can confirm this, it may mean that you will have to use the European Small Claims Procedure to claim your full compensation.

    Dr Watson has provided a very comprehensive guide to the ESCP procedures in the Ryanair thread.

    I don't recall any other claimants who have claimed from XL Airways prior to today, so you may be the first.

    Good luck.
    Originally posted by Tyzap
    Good afternoon,

    I have an update - last week I received an offer, for around 60% of the compensation amount based on distance travelled and length of delay. Should I be pushing for the full 100%? Are they trying it on?

    Thanks
    • JPears
    • By JPears 4th Dec 17, 3:28 PM
    • 4,175 Posts
    • 1,136 Thanks
    JPears
    Yes and Yes. If they are offering anything at all, they know they are liable and trying to minimise their costs. Send a reply stating that compnsation is a fixed amount per person determined by regulation EU261/2004 and they must send the full amount within a set date, 14 days being reasonable.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • starbuck_
    • By starbuck_ 5th Dec 17, 9:25 AM
    • 23 Posts
    • 4 Thanks
    starbuck_
    They are stating that the flight was not international, therefore max compensation is 400 Euro.

    Apparently SXM - CDG is an 'intra-Community flight', however there was a stopover in PTP. Does that make a difference?

    Thanks

    - 3.

    'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;
    Last edited by starbuck_; 05-12-2017 at 9:27 AM. Reason: Adding definition of 'intra-Community flight.
    • Tyzap
    • By Tyzap 5th Dec 17, 10:49 AM
    • 1,634 Posts
    • 714 Thanks
    Tyzap
    They are stating that the flight was not international, therefore max compensation is 400 Euro.

    Apparently SXM - CDG is an 'intra-Community flight', however there was a stopover in PTP. Does that make a difference?

    Thanks

    - 3.

    'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;
    Originally posted by starbuck_
    Hi starbuck,

    The line of events, airlines used and the time line are not clear to me from what you have posted so far. If you could clarify the events and the airlines used, it would greatly help.

    It's an odd reply from the airline, so I am a bit confused.

    Normally a flight of this distance would determine the highest rate of compensation.

    I believe that there are some 'odd ball' airports, so far as the regulations apply, similar to Gibraltar. So perhaps St Maarten or Guadalupe are regarded as French overseas territories and, therefore, a special case, under the EC261 regulations. It's an area I'm not strong on, so suggest you research this area to check it out further.

    Good luck.
    Last edited by Tyzap; 05-12-2017 at 12:51 PM.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Kate33saver
    • By Kate33saver 7th Dec 17, 10:48 PM
    • 1 Posts
    • 0 Thanks
    Kate33saver
    Enterair offering compromise 18 hour delay
    Be kind, my first ever post! Used the MSE tools after an awful 18 hour delay flying Manchester to Rhodes in August with Enterair, a Polish airline whose service was truly terrible! After much fobbing off they are now offering half of what our entitlement is under a compromise agreement, pleading 'extraordinary technical/safety reasons' - which they weren't! They aren't signed up to an ADR scheme so only options are to accept reduced amount or take to CAA whose decision won't be binding on them.. Response has been so poor am not hopeful! Anyone in same situation; I believe they have a shocking reputation? Was a package holiday with Olympic who contracted them but now not getting involved..:
    Last edited by Kate33saver; 07-12-2017 at 10:51 PM. Reason: Wrong thread
    • Tyzap
    • By Tyzap 8th Dec 17, 8:59 AM
    • 1,634 Posts
    • 714 Thanks
    Tyzap
    Hi Kate,

    Enterair are amongst the worst when it comes to customer service, reliability and paying compensation.

    If you read back or do a search for 'Enterair' you you can see some limited success stories and how others have dealt with them.

    Your options are a little limited so I would be tempted to use a good quality, regulated NWNF solicitor such as Bott & Co, I don't recommend using an unregulated claims assistance company due to some PAX losing their compensation to unscrupulous companies in the past.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 8th Dec 17, 10:49 AM
    • 4,175 Posts
    • 1,136 Thanks
    JPears
    Like he said.
    The fact that they offered half means they are fully aware they are liable, they are just trying to fob you off.
    Go to the CAA with your claim AND a complaint about Enterair's behaviour.
    Going legal DIY is problematic in terms of enforcement.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • welshykev
    • By welshykev 8th Dec 17, 7:42 PM
    • 1 Posts
    • 0 Thanks
    welshykev
    BMI Regional Claim and CAA Non-Responsive
    Hi

    Hoping I can get some advice. To summarise, I have made a claim against BMI back in July, heard nothing so put my complaint to CAA in September. I chased it up once and was told by CAA that they are still waiting for BMI to get back to them. I have chased up CAA again but am getting no response. Feels like nothing is being done. I am at a loss and don't know what my next move should be. Any ideas?

    I have pasted the main content of my original letter below....

    Re: Compensation claim for cancelled flight & delayed flight
    Ticket Number: 2202381015304 (Lufthansa) Operated by BMI Regional

    I am writing regarding 2 instances of cancelled/delays that affected my recent holiday.

    The total compensation sought is a minimum of 440. I do not wish to receive vouchers as I do not intend to travel with BMI Regional again following this awful service. I seek compensation in GBP.

    I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

    Instance 1: Bristol to Frankfurt

    Flight xxxxx on xx June 2017, due to depart from Bristol Airport directly to Frankfurt International Airport at the scheduled departure time of 6:40.

    This flight was cancelled at very short notice without any notification being issued to me seemingly because I had booked through and I am seeking compensation under EC Regulation 261/2004 for this flight.

    I was placed on a KLM flight via Amsterdam (Ticket Number 2202383790170)

    My scheduled flight length was 806km and the delay to the destination of the alternative flight offered was 4hrs and 15mins Im therefore seeking compensation of 220.

    Instance 2: Frankfurt to Bristol

    Flight xxxxx on xx June 2017 from Frankfurt International Airport to Bristol Airport with the scheduled departure time of 15:00 This flight arrived 5 hours and 45 mins late at Bristol Airport.

    I understand from the air hostesses that the flight was delayed due to a pilot not being available. This is certainly a responsibility of the airline and cannot be deemed a technical fault.

    The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

    My scheduled flight length was 806km therefore I am 220 compensation.
    • glentoran99
    • By glentoran99 8th Dec 17, 7:59 PM
    • 5,476 Posts
    • 4,661 Thanks
    glentoran99
    Hi tonydata,

    There is a lot of help here, why not DIY. If you really don't fancy it tho there is only one registered NWNF solicitor in the game, which is Botts. There are loads of NWNF claims assistance companies but they cannot initiate legal proceedings themselves, plus they are unregistered.

    Good luck.
    Originally posted by Tyzap


    it was a different one got me mine, clearlawonline sorted Monarch out for me
    • legal magpie
    • By legal magpie 9th Dec 17, 8:57 AM
    • 914 Posts
    • 402 Thanks
    legal magpie
    Kev. BMI will take as long as you choose to give them. In your letter you gave them notice that if they didn’t settle your claims you would take them to Court. It is a fundamental point of negotiation that you should never make a threat unless you are prepared to carry it out otherwise you lose all credibility .
    So don’t waste more time in useless correspondence. Just get on and sue them. You could include both claims in the same action although it could be tricky. If in doubt issue separate claims.
    All the information you need is in Vauban’s guide. Search for it, download it.
    Good luck.
    • Mr Nibz
    • By Mr Nibz 13th Dec 17, 11:08 AM
    • 10 Posts
    • 1 Thanks
    Mr Nibz
    Enter Air delay
    Hi all,

    So I sent my Notice Before Action (Vauban's template) off to Enter Air about 2/3 weeks ago, heard nothing back further to the offer of the 150 on basis of signing NDA...

    @mcragg0607
    @Mr Nibz
    @Tinks19700

    Or anyone else claiming for this delay, have any of you made any progress?

    My next step is to start the legal action, NWNF I expect, although it makes me feel as though my potential 1600 is going to dwindle if it's awarded!

    Any advice on the best NWNF to go with, happily received
    Originally posted by tonydata
    Hi Tonydata, I sent my refusal to accept the compromise agreement about 3 weeks ago (just before seeing the post regards sending as a NBA). Nothing back from them as yet, so I will be happy to pool resource and co-operate any way I can to take this further. We are due 2 x 400 Euro so worth following up.
    What is most annoying to me about this particular issue is that spoke with an Olympic holidays rep at the airport and they told me to use the Olympic Holidays web site as the starting point to raise the claim and that there would be no issues.
    • Mr Nibz
    • By Mr Nibz 2nd Jan 18, 7:07 PM
    • 10 Posts
    • 1 Thanks
    Mr Nibz
    2nd offer from EnterAir
    Just got in and found a further reply from EnterAir following my rejection of their 1st offer of 150 each for me and the wife for our 6+ hour delay from Gatwick to Crete on Tue 29th Aug. Latest offer has been increased by 50 each to 200 but only on signing the NDA.

    At this rate it is going to take a further 4 letters to get up to the 400 each at 2 months per round of correspondence that is going to take another 8 months and cost another 24 in recorded delivery charges.

    Currently reading Vauban's guide and considering my next move. I had sent my first rejection before seeing the post about sending paperwork and the NBA so that might be one of the next things to do.

    As an alternative approach I might try to get in touch with someone at Olympic to get a view from them as to what I can do. I contracted with Olympic for the holiday, they contract with EnterAir as the carrier. Olympic can't be that happy with EnterAir with regards to the way these claims are being handled. Reading the Olympic web site it talks of "Quality" being "the keynote of Olympic Holidays" and "we offer flights on flagship scheduled and charter airlines". You'd like to think Olympic would be pleased to get feedback on a failure such as the EnterAir claims process.

    Anyone else had any recent feedback.
    • JPears
    • By JPears 2nd Jan 18, 11:25 PM
    • 4,175 Posts
    • 1,136 Thanks
    JPears
    I think you'll find Olympic won't give a monkey's.
    You'll need to start getting aggressive with Enterair. NBA and legal action.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • hoovuspoovus
    • By hoovuspoovus 3rd Jan 18, 8:50 PM
    • 14 Posts
    • 6 Thanks
    hoovuspoovus
    Success with Small Planet Airlines
    Having used the MSE forums extensively in my quest to secure compensation against Small Planet Airlines, I thought it only fair to share my success story on here.

    Myself and family (3 people) endured an 8 hour delay when flying from Lefkas to Gatwick with SPA on 4th September 2016. I posted the compensation claim, initially via Resolver, on our return. After months of toing and froing, and escalating within Resolver, I had got precisely nowhere so tried a different tack and started again directly with SPA.

    I emailed their customer services team multiple times, receiving the usual fob off "we are looking into your claim" responses.

    I tried countless times to phone their UK telephone number, which was only ever answered once. I eventually spoke to someone who gave me an alternative email address to send my claim to, which I did.

    After lots of chasing emails I was eventually offered 200 euros each in compensation, half what we were entitled to. I rejected this, and sent the NBA letter as advised in the excellent Vaubans guide. This was ignored by SPA. After chasing multiple times again, I eventually took them to court using the European small claims procedure via Luton County Court.

    After several months, the court found in my favour as SPA did not contest the case. I sent a copy of the judgement to SPA both via email and in the post to Lithuania. Nothing happened.

    I then Googled SPA to see if I could find the names of personnel that I could send an email to directly. I found the name of a legal rep; whilst I couldn't find their direct email address, I was able to put their name in the subject header and request that it be sent to them for their attention. After several more emails, I finally received payment of 1,220 directly into my bank account.

    In total it took over a year, but was worth the effort in the end. I wouldn't have known what to do without reading about it on MSE, reading Vaubans guide and following the advice given. if you find yourself in a similar situation there is lots of information here to help you.

    Good luck.
    • JPears
    • By JPears 3rd Jan 18, 10:05 PM
    • 4,175 Posts
    • 1,136 Thanks
    JPears
    Well done. Your persistence and tenacity have paid.
    BUT it shouldn't be this way. SPA have ignored, with impunity, European law that has been established over 12 years now. It's time the EU and NEBs did something about the woeful behaviour of the vast majority of airlines.
    Your flight probably had 200+ passengers. Your success represents just 2%. Say 5% have been successful in getting what is lawfully due to them, SPA have unfortunately conned 60k off the remaining passengers. Dispicable.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • hoovuspoovus
    • By hoovuspoovus 3rd Jan 18, 10:29 PM
    • 14 Posts
    • 6 Thanks
    hoovuspoovus
    I couldn't agree with you more. There were times during the process that I repeatedly thought "what is the point of the European directive if nobody enforces it?" there are undoubtedly ways of doing it, just a lack of will.
    • JPears
    • By JPears 4th Jan 18, 9:22 AM
    • 4,175 Posts
    • 1,136 Thanks
    JPears
    If you have the time and inclination I suggest you write a letter of complaint to the CAA, outlining your lengthy slog to gain what you were due.
    Although CAA are not directly responsible for your flight as it originated outside of UK, they should be made aware of the continued regular poor and frankly unlawful behaviour of airlines.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Daniel1990
    • By Daniel1990 5th Jan 18, 7:04 AM
    • 3 Posts
    • 0 Thanks
    Daniel1990
    New to the forum looking for advice please.
    Hi All, I have for many years used this website but didn't realise what a huge source of information this forum was.

    I wanted to join the discussion as I have a potential issue with Air Portugal and needed some advice on how best to handle the situation.

    I have since September had flights booked via a travel agency for May 2018.

    Flights depart London Heathrow at 6am stop for 1 hour in Lisbon then continue to Cape Verde arriving early afternoon.

    Air Portugal have last week cancelled the second part of the flight so that the journey would now be
    Depart Heathrow at 6am stop 11 hours in Lisbon and arrive in Cape Verde at midnight.

    The agency are saying I can only have a refund or the same flights the following day. I have asked to be rebooked to a new airline flying at a similar time which there is availability. Again I was toldnot possible and to contact the airline.

    I contact the airline who say it's a travel agency fair and I need to speak to the booking agency.

    I advise the airline that should I accept the new flights I wish to submit a delay claim. But have been told that because it is more than 14 days before departure I won't be eligible.

    Can someone please let me know if the above is correct and where possible what rights I have. I have researched online for some days but couldn't find the absolute answer and just wanted to make sure.

    Many thanks in advance
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