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Thread: A jolly holiday - the final part

  1. #21
    Florida Expert kitch50's Avatar
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    Sandra, compensation was only the basic €600 p.p which will finally average out at €425 p.p after solicitors fees but we did it more to stick it to Virgin because of the way we were treated. Although saying that the money will come in handy... ;-)


  2. #22
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    Quote Originally Posted by kitch50 View Post
    Just thought you all might like to know that after 17 months of perseverance including getting solicitors involved and taking our case to the High Court, today Virgin Atlantic have finally made the right decision and have agreed to settle out of Court our claim for compensation due to us for our 26 hour delay.

    To recap our flight home from Orlando to Gatwick in October 2012 turned into the flight from hell and what proceeded was a Public Relations disaster for Virgin Atlantic and a lesson to all airlines how NOT to treat your customers. The result was around 400 passengers arrived home more than 26 hours late. It was not the fault but the way in which the situation was handled by Virgin, as a result 90 families got together via Facebook and started proceedings against Virgin......

    today the voice of the people won !!!
    Wendy,

    Could you have gone to the Small Claims Court rather than the High Court ? Or was it that there were 90 of you the combined claim exceeded the figure that can be dealt with by the Small Claims Court.

    I have a dispute with Thomsons over a 8.5hour delay, change of aircraft from Dreamliner to short/medium haul 767 and no Premium Cabin and suspect that I'm going to have to go through the Courts and I was looking at the Small Claims Court.

    Ian


  3. #23
    Florida Expert kitch50's Avatar
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    Ian, we chose to act as a group so that in its self made the claim too big, plus we had all tried the individual approach to Virgin and the CAA and it got us nowhere so it seemed that the next step was to approach a firm of aviation solicitors as a group claim and they then took it from there which after them trying to negotiate with VA and getting nowhere it ended up with High Court applications being made on our behalf ..... After the Huzar v. Jet2 ruling in the High Court last month VA didn't have a leg to stand on hence them backing down today :-)


  4. #24
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    Quote Originally Posted by kitch50 View Post
    Ian, we chose to act as a group so that in its self made the claim too big, plus we had all tried the individual approach to Virgin and the CAA and it got us nowhere so it seemed that the next step was to approach a firm of aviation solicitors as a group claim and they then took it from there which after them trying to negotiate with VA and getting nowhere it ended up with High Court applications being made on our behalf ..... After the Huzar v. Jet2 ruling in the High Court last month VA didn't have a leg to stand on hence them backing down today :-)
    Thanks Wendy,

    The Huzar v Jet2 ruling will assist me as the delay was due to a technical fault (PA would not work) so I think I have a good claim but suspect I will have to fight for compensation. But I'm like a dog with a bone so will not lie down and meekly give in.


  5. #25
    Florida Expert kitch50's Avatar
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    Ian

    Re-apply for your compensation quoting Huzar v. Jet2 as the airlines CANNOT use extraordinary circumstances as an excuse not to pay out anymore.

    "The Judgment in this case is binding on all County Courts in England and Wales and it therefore opens the floodgates for passengers to finally recover compensation if their flight has been cancelled or delayed due to technical problems – at least in the vast majority of cases.
    If you have previously been denied compensation with the airline using a technical problem as a defence, then you can write to the airline again based on this ruling and request the compensation you are eligible for." This is from the judgement set down by Lord Justice Elias.

    Hope this helps you. Good luck, persevere and you will succeed. The solicitors we used were Bott & Co who were also the solicitors for Ron Huzar !! You could go to their website and have a look. Can definitely recommend them [clap]
    Wendy


  6. #26
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    Quote Originally Posted by kitch50 View Post
    Ian

    Re-apply for your compensation quoting Huzar v. Jet2 as the airlines CANNOT use extraordinary circumstances as an excuse not to pay out anymore.

    "The Judgment in this case is binding on all County Courts in England and Wales and it therefore opens the floodgates for passengers to finally recover compensation if their flight has been cancelled or delayed due to technical problems – at least in the vast majority of cases.
    If you have previously been denied compensation with the airline using a technical problem as a defence, then you can write to the airline again based on this ruling and request the compensation you are eligible for." This is from the judgement set down by Lord Justice Elias.

    Hope this helps you. Good luck, persevere and you will succeed. The solicitors we used were Bott & Co who were also the solicitors for Ron Huzar !! You could go to their website and have a look. Can definitely recommend them [clap]
    Many thanks Wendy.

    Ian


  7. #27
    Florida Chatterbox sunseeker's Avatar
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    Very well done. Perhaps the lesson here is for everybody to communicate with their fellow passengers in situations like this and act as one, far harder for an airline to ignore.
    I have used Bott & co for a personal injury claim from a road accident, they are very very good and turned the insurance company inside out.

    Dave


  8. #28
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    We put a claim into Virgin way back and they kept rejecting it, (not the same flight) we went to civil aviation who passed it back to Virgin who again said no, we have now put ours in the hands of the solicitors.


  9. #29
    Florida Expert kitch50's Avatar
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    Good luck with your claim ravtino, I hope you get the outcome you want.
    Wendy


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