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Everything posted by garygumps

  1. Update time i have a hearing date!! 13 December Just have to get my bundle together now. it’s been so long now I am thinking of redoing it so to speak and concentrating on the missing busses. Lyinair whole defence is based around weather etc and they are adamant that coaches were provided. Previous experience by others seem to suggest that arguing against weather is next to impossible but I have plenty of evidence about the bus aspect which is let’s face it the reason we weren’t on the flight.
  2. Hi everyone. Just thought I'd update you all. Basically I'm still waiting for a hearing date as the courts here in NI are sloooowly working their way through the backlog.
  3. A few other points that keep nagging at me........ The email sent from Ryanair at 17.29 apologising for delay etc and setting out the options of refund or rerouting. At this point, they were intending to fulfull the flight (which they did), so why give this out? The flight did go ahead, so why were Ryanair still willing to give me a refund when effectively they are saying I missed the flight? The more I think about it, they effectively denied me boarding the flight in KAtowice.
  4. I'm claiming EU compensation as part of my claim as I did experience a delay in over 3 hours. This is not in dispute. I am more interested in recovering my losses as a result of Ryanairs failure to carry out what they promised to do! If they had supplied the coaches etc as promised there would be no comeback from me. I would have been rightly pissed off with the huges delay (neasrly 10 hours) but at least I would have got home. Yes, I agree proving the EU 261 element of my claim will prove difficult but I through it in there as a belt and braces approach. However, I do belive they owe me what I paid out to get me home as they to all intents and purposes, abandoned me and nearly 100 others. Any rerouting option was either unacceptable, ie, several days waiting or none was offered.
  5. Sorry, forgot to answer this at the time. I applied to the court to add my partner's name to the action and this was allowed. Also, is there any way, case law for example, to dismiss the excuse of extraordinary circumstances relating to weather? Snow or something at a sunny location could be deemed extraordinary? I believe that fog is a common occurance at Krakow Airport and indeed my inbound flight was diverted to Katowice! So obviously the bussing of passengers to and from other airports happens all the time so should be a well practiced operation.
  6. So are you saying that in my case the claim for EU compensation is on the weak side? To be honest, I am more interested in getting my money back that I had to fork out to get home. Ryanair's service and attitude was appalling and this is the main basis of my small claim. The Small Claim Court's whole reason for being is for this type of poor service and to seek redress.
  7. I am claiming EU compensation plus additional expenses incurred. The coach transfer did not happen. I have numerous statements from fellow passengers to corroborate this. Also Annex C Daily Movement Sheet shows that the flight took off from Katowice with 10 passengers on board! Hardly supporting evidence that passengers were transported to the flight? Regarding the help desk rerouting option etc. These options were sort of denied for us as we were told to wait and wait which gave us hope that something was going to be sorted out. Then eventually it was too late and given the amount of people in the queue by the time I and loads of others got to the desk we were basically told to make our own arrangements. Any available rerouting options/space on planes or whatever had already been exhausted I would assume? Anyway, thanks for all the comments. All very encouraging as I sometimes get doubts about this.
  8. Hi Scourge, Thanks for the comments, I will try and clarify a few things so that maybe you can understand my case. Technically, the flight was delayed due to weather at Krakow and subsequently transferred to Katowice. The passengers were told to wait for transport (coaches) to take us to the new departure airport. After hours of waiting, it was apparent that no such transfer was going to take place and thus we missed the flight. After hours of queueing at the help desk, we were told that rerouting was not an option ( I think next available flight was several days away, clearly unacceptable) and basically told to make out own arrangements! Only then did I arrange alternative flights etc to get us home. I did claim a refund but only after I got home as I considered that reasonable as it was well after any contractual liability. I have since offered to reduce my claim by the refund figure. So, in summary, if Ryanair had done what it was supposed to do, ie, transport us to the new airport, this whole situation wouldn't have arisen.
  9. Here is a copy of the "defence" for anyone to have a look at and advise. Many thanks group! Gary NOTICE OF DISPUTE redacted.pdf
  10. Sorry Bankfodder, didn't realise I could post this on the open forum.
  11. Hi Scourge, Actually I decided to look over their defence again as it had been a long time and there is a few sections about birdstrikes! To be honest I never replied to their defence asI was under the impression that I would be doing this at court at the hearing when I could argue that their defence was missing the point entirely. If you like, I could send you a copy of their defence for you to look through? Perhaps then you could see if it is a generic template that you may have comeacross before?
  12. Hi Scourge, No, no mentions of birdstrikes. Their whole defence was blamed on fog which caused "uncontrollable" delays and cancellations and rearrangment of flights, spare aircraft ect. All well and good but they failed spectacularly in transporting passengers as promised to these new arrangements. Yes, the solicitors quoted £350 as cost of them preparing this defence.
  13. No update I'm afraid. All SmallCLaim actions are on hold in the courts here in NI. Who knows when things might get back to some sort of normal? I'm reckoning at least back end of this year at the earliest. As I said I've done all I can and just waiting to hear from the court about a hearing date. Gary
  14. Hi Scourge of Ryanair, Thanks for your support. As I said, the case is in limbo at the moment until court services get back to "normal". I am happy enough with this. I never really got a satisfactory reply back about the ESCP but because I can enforce any judgement in ROI I am happy to continue with my current action. I am all prepared for any hearing and feel I have a good case. I am looking forward to completely sidestepping Ryanairs defence of bad weather etc. and focussing on their failure to provide the transport, as propmised, to the new departure airport. I have many witness statements from fellow passengers and news reports to back this up and also Ryanairs own flight data showing only 10 passengers made the flight.
  15. Oh yes the court reissued papers to Ryanair DAC. Just had to wait for any reply which of course did not happen as Oracle Solicitors, who claim not to represent Ryanair DAC, but obviously do as they lodged a Dispute “on behalf” of them way back at the start which the court has still accepted?
  16. Hi I suppose it would be time for an update. To cut a long story short the case is in COVID hell!! Lol What happened was that the court “forgot” about the original Notice of Dispute before issuing my decree. Obviously when Ryanair received the decree they fired it off to Oracle Solicitors who then cried to the court about their Notice of Dispute and so the court then set aside the decree and the case has been transferred to my local court for a hearing. Since then I have been asking the court if I can “transfer” my case to European Small Claims Proceedure (ESCP) as this is mainly paper based and doesn’t require a hearing thereby negating any COVID implications? If I try to initiate a claim on ESCP website the UK is greyed out due to Brexit. So, it seems that new claims are not possible. However, I have confirmed that if I get a decree in my favour, it CAN be enforced in Republic of Ireland for a small fee. I have jumped through every hoop that Ryanair have put in place and am just waiting on the court to get back to me but everything is SO slow at the minute due to Covid. I still think I have a good case as all of Ryanair’s defence is based on bad weather which I can completely bypass as my complaint is that transport was not provided as promised and I have flight passenger data and other passenger witness statements to back me up!
  17. Well surprise surprise! about a week after my default decree was issued, Ryanair have lodged a notice of dispute and my decree has been set aside? i have asked the court if this is fair and allowed and I still have not received a copy of the dispute itself? I am assuming that the small claims court is very lenient about missing deadlines and would be very interested in the dates involved on the paperwork? Sorry ericsbrother I should have answered your question. My claim is for around £1100
  18. Update time.... Return date was 9th of June, waited 10 days and applied for default decree which was duly issued on 19th June. Fully expect Ryanair to either ignore it or appeal tbh so will have to go down the enforcement route which I expect to cost around £300!!! Will give them until end of July.
  19. I get your point about having to travel to Ireland to "sue" and fully expect them to use this excuse, but I believe that as an EU citizen still that I am entitled to use my local court jurisdiction.
  20. Thanks FTMDave, I would like to see what you did. Well another update. After supplying receipts to this solicitor, surprise surprise, their clients Ryanair UK who claim not to have liability but submitted a 40 page defence have come back with same answer. Basically because I accepted a refund this absolves them of any blame. Their literature seems to suggest that I got a refund during the delay but I did not apply for it UNTIL I got back home. Actually, looking back through their material, it is all weather related with facts, figures etc and goes a long way explaining how Ryanair laid on a reserve plane and changed their poor, poor tight schedule to try and facilitate their passengers. My heart bleeds! They are claiming the weather as extraordinary circumstances and quoting case law were it has been ruled that safety overides everything else. I am not disputing their was fog but other flights took off on the day and fog at Krakow is a common occurance so hardly "extraordinary". The basis of my claim is for reimbursemnt of expenses incurred by their failure to provide transport to the other airport as arranged. Thankfully, also, they supplied flight data for the plane which shows that the passenger total for the flight was 10! Pretty conclusive evidence that they failed to bus over 100 odd people to Katowice airport from Krakow. Upon further review of the clause in which they claim costs, this is under any party being "unreasonable". Their grounds for me being unreasonable are that I did not accept their answer and go away and had the audacity to (a) issue proceedings and (b)not withdraw them. I have asked the court to amend the respondent details so will see how that pans out.
  21. Ok, wee update. Although the solicitors claim their clients are not liable and have asked for receipts, they have filed an Notice of Dispute to keep with the court proceedure in the event of it going further. The response they have given is some 40 pages! They have gone to great lengths to emphasise that the flight delay was due to extraordinary circumstances (weather) and have supplied extensive flight data and weather reports. Quite daunting actually and I am surprised they have gone to such bother to be honest. They are quoting Montreal Convention and quoted some case law to support their stance. They have also asked for my case to be dismissed because I have only put my name on the papers (there was myself and my partner) and have not supplied my partners name (even though this data is held by them on the original booking). They are also stating that I am being unreasonable because I did not accept their refusal to pay compensation ans issue court proceedure. The sting in the tail is that they are looking £350 in costs! I'm a bit taken aback really as I thought that I was not liable for costs beyond the initail claim fee. Can they do this?
  22. I have contacted the court and they tell me they are happy to change defendant name and re-serve papers to new address in Dublin but this would obviously reset the return date at 6 weeks. I will think this over. In the meantime I have opened up correspondence with this firm of solicitors as, from their language, I am "slightly" hopeful that they may settle.
  23. Thanks for the replies. Andyorch, yours links suggest, the way I read it, that I should use Euro Small Claims Proceedure ESCP? Can this run parallel with UK online Small Claim? Manxman, I too think there is a positive chink of light here. If they are so confident that my claim would fail, why give me advice or way forward? Why not just either dispute the claim by the return date or just ignore it altogether, the usual Ryanair method. Why even ask for receipts? I have opened up correspondence with them just for interest but have made clear that my return date of 13th April remains in play.
  24. Update. I lodged a small claim online on 1st March. Ryanair were given a return date of 13th April. I have today received a letter from a firm of solicitors claiming to act for Ryanair UK Ltd. This is who I named in my court papers with an address at Stansted Airport. This firm states that I am claiming against the wrong company. They say it should be Ryanair DAC which is an Irish company. The solicitors claim that Ryanair UK is a "separate, dormant company which does not operate an airline and does not have any liability to pay expenses in relation to your flight" They say thay are happy for me to amend my claim to change the defendant to Ryanair DAC but I must inform the court of this myself. They then go on to ask me to provide receipts for my expenditure. I am confused and would like some advice on how to proceed. Is this a stalling tactic? If I am claiming against the wrong company, why do they want receipts? Thank you
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