Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Are you based in the UK?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. It would appear that the airline should pay you compensation but they are just displaying poor customer service and not being as efficient as they should be. I do not know the reasons for that, whether it is deliberate or just poor customer relations but it should not matter as the bot***** *****ne is that you should be paid.
In terms of taking this further you can indeed consider the small claims court if needed. Before that I suggest you try pursuing the airline’s own complaints procedure to its full completion and after that going through the Civil Aviation Authority too. If you did want to go to court then you will not get any financial assistance for that, you will have to pay the claim fees and hearing fees, although you can claim those back if you win. You do not need a lawyer but you can use one if you wanted to. The lawyer fees will be your responsibility and you cannot claim these back. In the small claims not many people use a lawyer as it is designed for unrepresented parties anyway.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you wanted to pursue this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
The different levels of compensation are as follows, based on the distance of the flight and the delay:
· My flight was under 1500km (932 miles) and more than 2 hours late arriving. I'm entitled to 250 Euros compensation.
· My flight was within the EU; more than 1500km (932 miles) and more than 3 hours late arriving. I'm entitled to 400 Euros compensation.
· My flight was from an EU airport to an airport outside the EU; more than 1500km (932 miles) but less than 3500km (2175 miles) and more than 3 hours late arriving. I'm entitled to 400 Euros compensation.
· My flight was to an airport within the EU from an airport outside the EU on an EU-based carrier; more than 1500km (932 miles) and more than 3 hours late arriving. I'm entitled to 400 Euros compensation.
· My flight was more than 3500km and more than 4 hours late arriving. I'm entitled to 600 Euros compensation.
As mentioned I will happily discuss the next steps for the process following your rating for the responses so far, many thanks
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.