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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Vauban

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Everything posted by Vauban

  1. Vauban
    How much have you claimed for? And how did you reach this figure? I wouldn’t be worried about costs - this will all be done on a small claims track, so neither side will be liable for anything other than the basic court fees. You should be entitled to: a) compensation under Regulation 261/04 for the cancelled flight, if the weather didn’t affect your flight directly. You can enter the flight details in one of the better flight checker databases (like Botts solicitors) to see if they think this flight is eligible for compensation; b) the costs of taxis, hotels and reasonable refreshments during extended delay - but you get nothing under the Regulation for being in a less good hotel than other passengers. The obligation is just to provide accommodation.
  2. Vauban
    So when would you have missed your first payment? End of March 2012?
  3. Vauban
    How so, if the last payment made was Feb 2012? CAG guidance says a debt is SB "where no payment or acknowledgment of liability has been made for 6 years from when payment was due and not made." So when was the payment due and not made? Not 28 February, as the payment was made. Am I missing something obvious? Apologies if I'm being dumb.
  4. Vauban
    Sorry but I don't understand what the OP means by saying no payments were made "since before it was defaulted in Oct 2012": I assume he means since. The last payment was made at the end of Feb 2012 - so assuming payments were up to date at that point then the SB clock only starts when the first payment is missed, no? Or have I got this wrong?
  5. Vauban
    Are you sure this is statute barred? If the last payment was the end of February, then presumably you missed the following month's payment? Isn't that the moment that the SB clock starts (from the moment a cause for legal action is created)?
  6. Vauban
    This is a really excellent resource, and it's fantastic both that the site team and the regulars contribute so much for the common good. I have limited relevant "expertise", unfortunately, but do try to contribute when I can. Sangie: I hope you don't mind this feedback, but people who come to this site are often worried, concerned or plain upset by their experiences. They need a bit of support even if the practical advice we can offer is limited. The manner therefore in which your (often very helpful) advice is given is not irrelevant; and you do sometimes come across as dismissive and unfriendly. You would be brilliant if you could just tone that down a bit.
  7. Vauban
    But I don't think you are owed 250 euros - you'd need to demonstrate that the delay was not caused by "extraordinary circumstances" - and if the weather prevented the operation of your flight (which it seemed to in this instance), then this is classed as "extraordinary", with no compensation due. Best way to check is to input your flight details in one of the more reputable NWNF websites who have an online database on which flights qualify (Bottonline have a good one), and see if they think you have a claim. BTW I don't recommend using them in the first instance - you should always try to do it yourself, rather than lose some of your compensation. But in this case, I think it's a moot point: I don't believe you are owed anything at all. Sorry.
  8. Vauban
    There is no liability for the flybe for a delay caused by weather. And even if flybe were responsible for the delay, the liability would be capped at 250 euros - airlines are not responsible for consequential losses, including missed connections when booked on a separate ticket. Everything else is just a distraction from this fundamental point.
  9. Vauban
    Five or six hours later, yes. Presumably the fog cleared.
  10. Vauban
    The airline was presumably hanging on in Exeter to see if the fog would lift. If your daughter booked the two flights separately, rather than as a through ticket, then it's the passenger who bears the risk of a missed connection. Insurance policies often do have missed connections cover in them though, so hopefully she claimed from that?
  11. Vauban
    The Manchester-Houston flight is indeed covered by Regulation 261/2004. Since the cause of the delay is presumably either the closure of the airport or "meteorological conditions incompatible with the operation of the flight", this would constitute "extraordinary circumstances", which means the usual €600 would not be payable. However, even if the cause of the delay is "extraordinary" the airline is responsible for the accommodation, food and (non-alcoholic) drinks costs, plus local transportation incurred during the overnight wait. You friend needs to submit copies of the receipt and explain that they are making a claim under 261/04. Just to be clear, there is no €300 for this (not sure where that came from?) but the claim for the expenses incurred does need to be "reasonable".
  12. Vauban
    One post-script: there's one other option not mentioned in my guide (it only became live last week I think) and that is to use an Alternative Dispute Resolution provider - there's one endorsed by the CAA (fwiw) called AviationADR, which covers a lot of airlines. Monarch just signed up last week I believe. I have no idea about how genuinely impartial this outfit is, or whether they have any success in getting the airlines to pay out if they find in your favour (the one that Thomson uses - CEDR - doesn't seem too good at getting the airline to pay out, even when they find for the passenger). But I understand the service is free to the consumer, and might (might) be a quicker way of getting your money than court - assuming ADRAviation does what it says on the tin!
  13. Vauban
    I really do think you should read the guide I wrote - it answers all these questions and more (even if I say so myself!)
  14. Vauban
    That's fine for a LBA. But be aware that if you're making a claim for more than one person, you wont be able to do it on MCOL (online) but will need to complete a paper form (N2 I think).
  15. Vauban
    If you Google my name and "flight delay compensation you can find on dropbox a guide I wrote after my own fight with Monarch. I included a draft LBA - which doesn't need to be too complex.
  16. Vauban
    The NWNF online calculators (that have a database of flights deemed eligible for compensation) reckon this flight qualifies for €400 compensation. I really wouldn't bother with the CAA - on past form they'll take ages to respond and even if they write you a helpful letter, you're not going to need this to win your case. But if you're in no rush, it certainly shouldn't do any harm to write. (The CAA isn't on the passengers' side though - they produced a list of "extraordinary circumstances" which exempted the airlines from a range of scenarios for which compensation was legally due - and had to withdraw it when the Supreme Court said it was nonsense.)
  17. Vauban
    You know enough about the circumstances of your delay - what more information do you need? Write a LBA - and then take them to court if they continue to mess you about (which they will). CAA unlikely to be of much help - they can't (or won't) make the airlines pay up, even if they agree you have a claim.
  18. Vauban
    If the weather affected your flight directly, then you are not due compensation. If - as in this case - it is caused by a knock on, operational problem, then this is not extraordinary circumstances. As one of the leading legal firms who specialise in this area have written: "Bad weather must affect the ‘flight in question’ in order for airlines to use it as a defence. If your flight was delayed because of the knock-on effects of a different flight being affected by bad weather, your flight should be claimable." This is because of the way the Regulation itself it written, which talks about bad weather being an "extraordinary circumstance" (where compensation isn't payable) where there are "meteorological conditions incompatible with the operation of the flight concerned" - which isn't the case in your circumstances. Monarch are slippery on this kind of thing - I had to take them to court myself (and won) - so keep at it. The MSE Flight Delay Forum is a good source of advice for flight delay issues.
  19. Vauban
    If you don't attend the court hearing then you run the serious risk of losing your case.
  20. Vauban
    I don't know the answer to King's question. But one point and one query: a) assuming it was an Iberia flight, neither BA nor IAG have any liability to the claimant (King). No court can find them liable for a 261/04 case brought by King. Of course they might be liable to Iberia, if Iberia sought compensation from them in turn (the regulation is explicit on this); b) my query is this: if you name BA as a joint defendant, even after you've been told they are were not the operating air carrier (and Iberia don't contest this) could you be liable for any of BA's costs, for acting unreasonably? Your defence would be that your ticket indicated that BA were scheduled to operate the flight, which would be fair enough. But are you certain this is what it says?
  21. Vauban
    A judge would think that IAG have no liability under the Regulation for compensating you. But you could always try it if you don't believe me. You're doing the right thing suing Iberia - they've not denied being the operating air carrier, as I understand you, but rather suggest it was BA's and not their fault - which is irrelevant. I hope you're right that they don't make you go to court, but so many of these airlines are still resisting the proper implementation of the Regulation, and the CAA - paid for by the airlines- does nothing to protect the passenger from this sharp practice.
  22. Vauban
    I think you should write the NBA to Iberia - the route is obviously theirs. If they deny they were due to operate the flight, sue bith them and BA.
  23. Vauban
    I really wouldn't bother with the CAA - they claim to have no ability to force airlines to adhere to Regulation 261/04: but as the UK's National Enforcement Body that is precisely what they should do (and don't). Your claim, as you rightly say, is with the airline originally scheduled to operate your flight. Whom you booked with is immaterial 261/04 claims. From the flight number you give, that definitely sounds like a BA codeshare, so probably Iberia (you could try doing a dummy booking for that route/time to check)? If it was Iberia, it is immaterial that the problem was BA's systems: the Regulation allows them to claim back from third parties if necessary, but their liability to you can't be shirked. I agree you should send a letter before action giving them one last chance - and then start court action if they remain silly.
  24. Vauban
    If you booked this as two separate tickets then you would be entitled to €250 per leg, provided each flight arrived at its respective destination more than three hours late. Did you?
  25. Vauban
    Yes - claim from BA. Fraid the distance is calculated by great circle first and last airport, on a through ticket. So less than 1500km.

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