Delayed Flight Compensation Court Claim issued

[nosnibor]

Hi Folks…

 

Some advice please, in October wife and two daughters flew from Manchester to New York JFK, flight was with American Airlines booked with British airways.

 

Outward bound flight delayed for 3 hours and 40 minutes, I understand we may be entitled to compensation and so I submitted a claim to American Airlines. After a month they have replied saying that I must send a power of attorney in order that they can deal with me.

 

I fully expect that American Airlines will try their best to avoid paying any compensation and my concern is as they have provided no pro forma for the power of attorney will they simply sit on this for a few more weeks and then say it is not in the correct format or something similar.

 

Would I simply be better to submit new claims from my wife and elder daughter and if so what should I do regarding my younger daughter who is a minor?

 

Thanks in advance

Nosnibor

[AndyOrch]

I think to simplify the claim nosnibor the claim should come from the passengers themselves ..your youngest will be included with your wife's.

 

Remove the obstacles.

 

Andy

[nosnibor]

Many Thanks Andy:-)

[ericsbrother]

basically a letter granting you the right to deal with the matter signed by your wife/daughters is all that is needed. they are not necessarily being awkward as they arent allowed to discuss someone else's business with you without the explicit say so of that person.

[nosnibor]

Hi…

 

A quick update and a request for a little further advice.

 

Sent off 2 separate claims as advised by AndyT, American Airlines responded with the offer of 300€ / £223.21 per passenger. I understand this is the standard amount and is perfectly acceptable to us.

 

American Airlines requested some forms completed giving bank details and releasing them from any further liability, these were returned by e-mail on the 4th January, American Airlines acknowledged receipt on the 14th January.

 

Since then we have heard nothing further, any advice on how long it would be reasonable to wait for payment?

 

Many thanks

Nosnibor

[AndyOrch]

I would be chasing them from tomorrow..Nosnibor

[nosnibor]

Thanks Andy..

 

How would be best to word it? I was thinking along the lines of

 

You have had more than sufficient time to concluded this case, I now require payment within the next 7 days failing which I will have no alternative but to escalate this matter further.

 

Nosnibor

[AndyOrch]

Just ring them...then follow it up with an email.

 

What happened with the claims...have you discontinued them or are they simply stayed?

[nosnibor]

Hi Andy..

 

Sorry if I was not clear earlier in the thread, when I refer to “a claim” this was a claim I made direct to American Airlines rather than a claim via the court system.

 

Would this alter your opinion regarding time scale?

 

Nosnibor

[AndyOrch]

No...just keep at them

[nosnibor]

Hi folks

 

Don’t seem to be getting anywhere with this, so could use some further advice.

Timeline as follows

 

4th December 2015 Following Andy’s advice I issued to separate claims to AA one for my wife and younger daughter and one for my elder daughter.

 

7th December 2015 AA acknowledge claims and advise they will respond in due course.

 

25th December 2015 AA respond offering £300€ per flight compensation, I know this is the standard amount and was perfectly acceptable. They enclosed some forms which they required completed and signed.

 

4th January 2016 The forms requested by AA completed and returned by e-mail.

 

15th January 2016 I receive an automated e-mail acknowledging my communication.

 

1st February 2016 Having heard nothing from AA I send a further copy of the forms together with a polite e-mail asking them to address the matter and avoid the need for me to escalate.

 

2nd. February I receive an automated e-mail acknowledging my communication.

 

Since 2nd February I have heard nothing from AA so it’s beginning to look like I will have to escalate this, but hopping for some advice how best to proceed.

 

Many thanks

[AndyOrch]

Just send them a LBA now and give them 10 days to pay otherwise you will issue a court claim through Northampton County Court BC.

[nosnibor]

Hi Andy,

 

Thanks for the response, sorry for the delay in posting back but I have been away with work.

 

I have now received the e-mail below, so hopefully I will not have to go legal with this not that I am daunted by the prospect but I have better things to do with my time.

 

Thanks again

 

 

March 4, 2016

 

Dear Ms. Nosnibor:

 

Thank you for contacting us again.

We have forwarded your banking details to our Accounts department for processing, please allow up to 21 business days for the funds to reflect in your account.

Ms. Nosnibor, we appreciate your patience regarding this matter and look forward to welcome you aboard soon.

 

Sincerely,

??????????????????

Customer Relations

 

American Airlines

 

AA Ref#???????????

[AndyOrch]

[nosnibor]

Hi All,

 

Well I’m back again despite their promise, 21 working days have now come and gone without any payment from American Airlines.

 

I’ve now had enough and am ready to issue an LBA, however, would appreciate some guidance on the following.

 

(I will recap to save people having to read through the whole thread)

 

My wife and two daughters had a 3 hrs. 40 mins. delay on an American Airlines flight from Manchester to New York (JFK)

 

We have two compensation claims with American Airlines one for my wife and younger daughter and one for my elder daughter.

 

In both cases American Airlines have admitted liability and offered compensation but despite acceptance of the offers and promise of payment no monies have been forthcoming.

 

My question is can I issue a single LBA and if necessary a single MCOL claim for both?

 

Obviously this would be less hassle, less cost and would put the claim value above the level at which I could involve HCEO’s if it gets really silly.

 

Many thanks

[AndyOrch]

Hi nosnibor

 

This really is appalling...yes you issue one LBA and one claim.

 

Regards

 

Andy

[nosnibor]

Hi Andy,

 

Thanks for the prompt reply, up to press all this has been dealt with by e-mail to USA, can I use this method for LBA?

 

Then if it comes to it would I issue MCOL using American Airlines UK head office address?

 

Thanks again

[AndyOrch]

It has to be a UK address for MCOL...same with any LBA.

[nosnibor]

Right then game on.

 

LBA sent and ignored, MCOL claim issued this evening I will keep thread updated.

 

Nosnibor

[AndyOrch]

 

Perhaps post a copy of your particulars here also for reference.

 

Andy

[nosnibor]

Hi Andy,

 

POC as suggested,

 

I am claiming compensation on behalf of my

wife and two daughters under article 7 of

EC261/2004, pursuant to the Sturgeon

judgment in the ECJ (Case C-402/07of 19

November 2009) which provides for €300 per

passenger to be paid in the following

circumstances. These were that American

Airlines delayed their flight from

Manchester to New York JFK on the ????

???????????? by 3 hours and 38 minutes.

This matter has previously been raised with

American Airlines under references

???????????? and ???????????? and despite

having acknowledged liability and offering

compensation in the amount of €300/£223.21

per passenger American Airlines have failed

to make payment.

A final notice before action sent by

recorded delivery to American Airlines on

the ?????????????? has not received the

courtesy of a response.

 

Thanks

Nosnibor

[AndyOrch]

Thats fine.....dont forget to add interest (section 69 ) 8%

[nosnibor]

Hi,

 

Update, my claim was acknowledged on the 9th May by “The Air Law Firm LLP” they intend to defend all.

 

Andy, should this now be moved to General Legal Issues?

 

Many thanks

Nosnibor

[AndyOrch]

Will do....... thread moved to General Legal Issues

[legalistic]

Your horse has probably bolted. But, in case it helps someone else, did you know that the Retail Ombudsman now deals with airline complaints: https://www.theretailombudsman.org.uk/how-to-complain-about/airlines/