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    • peter_333
    • By peter_333 23rd Jul 18, 11:47 AM
    • 81 Posts
    • 21 Thanks
    peter_333
    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.
    Originally posted by Sportacus
    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.
    Last edited by peter_333; 23-07-2018 at 11:48 AM. Reason: spelling
    • Tyzap
    • By Tyzap 23rd Jul 18, 12:30 PM
    • 1,757 Posts
    • 755 Thanks
    Tyzap
    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.
    Originally posted by peter_333
    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
    • By Sportacus 23rd Jul 18, 2:51 PM
    • 152 Posts
    • 43 Thanks
    Sportacus
    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
    • By peter_333 23rd Jul 18, 2:54 PM
    • 81 Posts
    • 21 Thanks
    peter_333
    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?
    Originally posted by Sportacus
    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
    • By Sportacus 23rd Jul 18, 3:03 PM
    • 152 Posts
    • 43 Thanks
    Sportacus
    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
    • By JPears 23rd Jul 18, 3:54 PM
    • 4,412 Posts
    • 1,203 Thanks
    JPears
    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?
    Originally posted by Sportacus
    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

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 23rd Jul 18, 3:56 PM
    • 1,757 Posts
    • 755 Thanks
    Tyzap
    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?
    Originally posted by Sportacus
    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
    • By peter_333 23rd Jul 18, 4:03 PM
    • 81 Posts
    • 21 Thanks
    peter_333
    Staff sickness is not an EC in this case as the aircraft did depart, just went without any passengers!
    Originally posted by Tyzap
    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.
    • mrs lds
    • By mrs lds 23rd Jul 18, 9:35 PM
    • 3,861 Posts
    • 22,154 Thanks
    mrs lds
    Flight delay & cancellation compensation stobart air
    Has anyone had an success stories re compensation for a cancelled flight with stobart air?
    • JPears
    • By JPears 24th Jul 18, 4:33 PM
    • 4,412 Posts
    • 1,203 Thanks
    JPears
    mrs. It really doesn't matter if anyone else has had sucess or otherwise as it has little bearing if any on another claim. Each case is different.
    Generally airlines are reluctant to pay to avarying degree from being very slow to outright active misinformation, procrastination and lies.
    Very rarely does comepnsation get paid quickly.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • britishboy
    • By britishboy 31st Jul 18, 12:26 PM
    • 2,696 Posts
    • 323 Thanks
    britishboy
    Not even making thisa up, was delayed last year with Thomas Cook from Stansted by 5 1/2 hours and got compensation through Resolver (I think it was 320 or 340 each), and delayed on exactly the same flight this year, same time and same day, by 12 hours and just heard we will be getting 400 euros each compensation


    You couldnt even make it up... I love Resolver
    • JPears
    • By JPears 31st Jul 18, 12:56 PM
    • 4,412 Posts
    • 1,203 Thanks
    JPears
    Well done, but what a pity Thomas Cook have worsened rather than improved their time keeping.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • britishboy
    • By britishboy 31st Jul 18, 1:17 PM
    • 2,696 Posts
    • 323 Thanks
    britishboy
    Well done, but what a pity Thomas Cook have worsened rather than improved their time keeping.
    Originally posted by JPears

    Tell me about it, the mrs was going mad that we'd lost 12 hours of the holiday, until i explained we were getting half the cost of it back, and only losing 12 hours of the holiday. Maths never was her strong point....




    Oh, and we are already planning next years holiday on the same flight, so fingers crossed for another few hours sat in the airport
    • Pegoland
    • By Pegoland 1st Aug 18, 6:29 PM
    • 1 Posts
    • 0 Thanks
    Pegoland
    Hi All

    I have just used the Revolver site to claim compensation for a flight delay last month. Does anyone know the process of how they issue the compensation? I'm a bit worried as the card that I used to pay for the flights initially is now out of use, so would like Vueling to ask me what account/card to refund to.
    • JPears
    • By JPears 1st Aug 18, 6:34 PM
    • 4,412 Posts
    • 1,203 Thanks
    JPears
    Welcome.
    Some users on here would appreciate a Revolver site to use against the airlines.
    It will usually take months on Resolver website, with the likelihood of achieving little. Some airlines won't even respond to Resolver.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • mrfoxy
    • By mrfoxy 7th Aug 18, 11:45 AM
    • 19 Posts
    • 4 Thanks
    mrfoxy
    TAP are useless
    Hello,

    So my partner and I have an ongoing compensation case with TAP Air Portugal. My partner filed the complaint with them and we received an e-mail. They agreed our flight was cancelled and we weren't informed and agreed to pay us compensation. So in a following e-mail they said payments can only be made to the passenger, so they asked for either a declaration from both of us for the money to be put into his bank account or alternatively they asked me to send my printscreen of my bank details.

    So, I sent them a reply to the e-mail, case number etc with my own print screen of my bank details. So on the 23rd of July, he received his half of the compensation. It's now the 7th of July and I am yet to receive my half of the compensation. Despite two e-mails and two phone calls to the complaints department they have still not sent me my half. I'm left extremely frustrated. The latest phone call, the lady said to ring back Friday if it isn't in.

    It's beyond an absolute joke. I'm starting to think I'm not going to get my bit of compensation.
    • peter_333
    • By peter_333 7th Aug 18, 11:50 AM
    • 81 Posts
    • 21 Thanks
    peter_333
    Hello,

    So my partner and I have an ongoing compensation case with TAP Air Portugal. My partner filed the complaint with them and we received an e-mail. They agreed our flight was cancelled and we weren't informed and agreed to pay us compensation. So in a following e-mail they said payments can only be made to the passenger, so they asked for either a declaration from both of us for the money to be put into his bank account or alternatively they asked me to send my printscreen of my bank details.

    So, I sent them a reply to the e-mail, case number etc with my own print screen of my bank details. So on the 23rd of July, he received his half of the compensation. It's now the 7th of July and I am yet to receive my half of the compensation. Despite two e-mails and two phone calls to the complaints department they have still not sent me my half. I'm left extremely frustrated. The latest phone call, the lady said to ring back Friday if it isn't in.

    It's beyond an absolute joke. I'm starting to think I'm not going to get my bit of compensation.
    Originally posted by mrfoxy
    In my recent experience, TAP are incredibly slow and useless. I've been waiting just under 12 weeks since I initially filed my claim through their website, and they haven't given me any answer yet.

    Can I ask when you first filed your complaint, and hot long it took before you first reply?
    • mrfoxy
    • By mrfoxy 7th Aug 18, 12:21 PM
    • 19 Posts
    • 4 Thanks
    mrfoxy
    In my recent experience, TAP are incredibly slow and useless. I've been waiting just under 12 weeks since I initially filed my claim through their website, and they haven't given me any answer yet.

    Can I ask when you first filed your complaint, and hot long it took before you first reply?
    Originally posted by peter_333
    So my partner filed the claim shortly after the cancelled flight. We received a response July 5th. As I said, he's received his half of the compensation but they told him that I need to send them a print screen. I've now done that 3 times and today I've sent a strongly worded e-mail as my patience is running thin.

    Odd to me that he received his compensation on the 23rd July and we both sent our IBAN/BIC details on the same date, which was the 16th July. Absolutely ridiculous.
    • peter_333
    • By peter_333 7th Aug 18, 12:24 PM
    • 81 Posts
    • 21 Thanks
    peter_333
    ... We received a response July 5th ...
    Originally posted by mrfoxy
    And when was the original flight?
    • mrfoxy
    • By mrfoxy 7th Aug 18, 12:27 PM
    • 19 Posts
    • 4 Thanks
    mrfoxy
    In my recent experience, TAP are incredibly slow and useless. I've been waiting just under 12 weeks since I initially filed my claim through their website, and they haven't given me any answer yet.

    Can I ask when you first filed your complaint, and hot long it took before you first reply?
    Originally posted by peter_333

    My partner filed the complaint shortly after our cancelled flight on the 16th April. He received a response July 5th. We were offered travel vouchers for TAP or the Article 7 etc. We chose the compensation up to 600 Euros. On the 16th July they asked for his IBAN/BIC details and also said they can only make payments direct to the passenger, so asked him and said I must said them a print screen of my bank details.

    I've sent my own banking details 3 times. And the funny thing is, I sent mine on the same day my partner sent his and yet he's received his compensation and I haven't received mine! I know they've received my e-mail as part of the ongoing case, as when I rang the TAP phone line, the gentleman on the phone read out my message which basically just said, I'm the other passenger on the flight, and wish for compensations to be paid directly to me, please find my banking details....

    Today I've sent them a strongly worded e-mail as my patience is running thin. Very, very frustrated.
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