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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26215
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Flight delay of 21 hours

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Flight delay of 21 hours

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. I am sorry to read of your situation. May I confirm the reason CEDR gave for denying your claim and when they made the decision (approximate date is fine)
  2. Would your friend be willing to assist ou with providing a copy of her decision notice if necessary?
Customer: replied 2 months ago.
1. They say the passenger does not succeed
2 my friend is willing to give her reference
  1. Thank you. They give no reason for their decision at all?
  2. What was the approximate date of their decision?
  3. Which airline was involved?
  4. Do you know the precise reason for the plane's delay?
  5. When did the delay occur (approximate date is fine)?
Customer: replied 2 months ago.
1. No
2. 4th July 2018
3. TUi Thompson
4. The caption ran out of hours which I ha e a letter from Tui
5. 2nd March 2018

Many thanks. As I am sure you know on these facts you would appear to be entitled to compensation under EU rule 261/2004 and you should be entitled to the maximum level of compensation depending upon where you were flying to - I'd be happy to confirm the amount if you can confirm your destination though you likely know the amount you are entitled to.

I cannot say why CEDR made the decision they did as they unhelpfully have not given one as they should. You could contact them and ask them for the reason for the decision however regardless of what it was there is no formal appeals procedure for CEDR decisions so they do not have to look at it again.

However their decision is not binding upon you and you can elect to sue the airline in the Small Claims Court for the compensation you are entitled to. The case is likely to be straightforward based on what you have said unless the airline can show an exceptional reason why it is not required to pay compensation and the reason you have given does not appear to leave this open to them. If your friend is willing to give you a copy of her decision this would also be very useful to add to your evidence though it is not required.

If you decide to issue proceedings, it is very simple - you can do so using the online issuing service https://www.moneyclaim.gov.uk/web/mcol/welcome and can issue your claim online using a card. You can claim the amount of compensation you are entitled to under the above rule, interest at 8% per annum from the point it should have been paid, the fee you probably had to pay to CEDR and your court fee together with any reasonable out of pocket expenses you incur should you have to attend court, though the airline is likely to consider settling the matter before it gets to a hearing.

If you would like any further guidance on how to issue a claim, please do come back to me.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though - I'd be very happy to assist further

Customer: replied 2 months ago.
thank you

Many thanks. If I can assist any further if and when you decide to make your claim, please do not hesitate to come back to the site and I wish you best of luck with your claim in any event.

Joshua and other Law Specialists are ready to help you