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Update to my Flight delayed Claim against Ryanair

Bolton, United...
posts: 532
reviews: 37
Update to my Flight delayed Claim against Ryanair

This is an update to my original post on the 5th January.

I eventually decided to file a court claim against Ryanair and have today received a reply from Ryanair. I actually wish I could attach the letter as it makes very interesting reading and is in some parts hilarious. At one point they actually blaim the Boeing 737-800 aircraft for the delay. Lol!!!! Of course. i should have taken Boeing to court all along!!! Anyway I have to call the company secretary on Friday to discuss an ex-gratia offer of goodwill from Ryanair in return for not taking the matter any further.

At long last after god knows how many letters and submitting a court claim I apprear to have them on the ropes and I'm going for the knockout punch!!!

122 replies to this topic
Hampshire England
posts: 3,493
reviews: 30
61. Re: Update to my Flight delayed Claim against Ryanair

Well it's 6 years for claims, I'm sure you know that though.

I suggest you forward the 2 yr claim letter to the CAA as if enough people do it, then maybe some action will be forced.

Copy your MP in as well.

Worthing, United...
posts: 4,621
reviews: 11
62. Re: Update to my Flight delayed Claim against Ryanair

Hi Mark

I'm not being generous about Ryanair or anyone it's just that two court cases which have happened with people I know ended with the claimants bearing all costs, without going into to many details, the first was an offer of £15,000, the court awarded £16,000 but said the £15,000 was a reasonable offer and so costs would be paid by claimant, the next was someone offered £30,000 then awarded the same by the court and for him the costs meant he lost his home.

Good luck

Jackie

Bolton, United...
posts: 532
reviews: 37
63. Re: Update to my Flight delayed Claim against Ryanair

Gosh Jackie those cases are a lot more serious than mine. I see what you mean with claims like that. Anyway I'm not particularly well off myself and although £400 is a fair amount of money to me, it's more the priciple of the thing that gets my blood up. I think this new EU reg is important because ultimately it may force the airlines into thinking more about reasonable levels of customer service rather than just profit

UK
posts: 39,598
reviews: 81
64. Re: Update to my Flight delayed Claim against Ryanair

The difference is Jackie, surely that those are cases where compensation was due and the amount was soemwhat up for grabs?

In this case, there is a clearly specified payment. Its not "compensation" its a specific amount the EU specifies should be paid. I can see no reason why a court would say "well yes the LAW says Ryanair should pay £400 but they offered £350 which isn't bad, so thats good enough then" !!

If that was the case, Ryanair or any other airline could offer whatever they fancied, which would be ridiculous.

I'm far less confident the OP woudl get a penny of the other money he is asking for though apart from reasonable expenses involved in putting this case forward.

Manchester, United...
posts: 338
reviews: 8
65. Re: Update to my Flight delayed Claim against Ryanair

>>>I'm not being generous about Ryanair or anyone it's just that two court cases which have happened with people I know ended with the claimants bearing all costs, without going into to many details, the first was an offer of £15,000, the court awarded £16,000 but said the £15,000 was a reasonable offer and so costs would be paid by claimant, the next was someone offered £30,000 then awarded the same by the court and for him the costs meant he lost his home.<<<

In the instant case, this would have been heard in the small claims track (subject to serving on the correct legal entity), where the awarding of costs is extremely rare. So unless the claimant has acted unreasonably or vexatiously in making their claim, then such costs would not enter the equation.

In the case you quote, this cannot have been in the small claims track as the upper limit for these is currently £5,000 but this sum is being raised in April to £10,000.

Worthing, United...
posts: 4,621
reviews: 11
66. Re: Update to my Flight delayed Claim against Ryanair

Hi

I can see the difference, and both the cases I mentioned were in the English courts and I have no idea about how Irish works.

I do understand about principles but knowing Ryanair we will all be punished if Mark wins, there will be the £2 court costs per person added to the fare.

By the way I have no axe to grind with this because Ryanair have stopped my favourite flight from Gatwick and so my relationship, which has always been a good one, with Mr O'Leary is probably at an end. But I think let it go. If sorting this out becomes too difficult with not much reward at the end and it is costing to much on the emotional side then cut your losses.

I am great at getting what I want and making people do what I want, and getting out of stuff I don't want, but as soon as something takes more from me than the minimum effort then I just think f*ck em and get on with my life. I know this is what Ryanair would wish you to do, but is it all worth it.

Take care and good luck with whatever you want to do and whatever the outcome.

Jackie

You are right, neither case was in the small claims court. One the High Court and the other a splitting of assets when a business was disolved.

Edited: 8:32 am, March 08, 2013
Hampshire England
posts: 3,493
reviews: 30
67. Re: Update to my Flight delayed Claim against Ryanair

Only travel expenses can be awarded in the small claims court. This could include an overnight stay. But it doesn't include sol fees at £150 an hour +.

Bolton, United...
posts: 532
reviews: 37
68. Re: Update to my Flight delayed Claim against Ryanair

OK guys just got off the phone with our friend from Ryanair who could certainly waffle on for England. I very well spoken chap from Windsor don't you know!! Anyway he basically offered to cover all my expenses which included airport meal, taxi, letters sent to Ryanair Dublin and the court fee which he rounded up from £130 to £150.

He mentioned the EU claim procedure before I did. He said that they would defend any claim on the basis that the initial fault earlier in the day (3 or 4 flight before mine) was that a cross-feed valve would not close. Apparantly these valves have a life expectancy of 27,000 miles and this on had done 17,000 miles. In addition their defence would be based on the 'frequency of the event' which he sated was extremely rare in this case.

He basically belittled the EU by calling them "our friends in Luxenbourg' and insisted that any right minded judge would throw the case out because it was 'an extraordinary event' and was 'outside of their contol' because the part had been serviced regularly and was not expected to fail so early.

At this stage I have said I would think about it. Obviously because I wanted to run it by you guys again.

So there you have it. Answers on a postcard please

Hampshire England
posts: 3,493
reviews: 30
69. Re: Update to my Flight delayed Claim against Ryanair

Well you didn't expect him to say that you would have had a case did you?

I would have asked him to explain point 23 of the Wallentin-Hermann judgement.

curia.europa.eu/juris/celex.jsf…

You read it, and also the judgement at the end, and come back and say what *you* see.

Winchester, UK
posts: 123
reviews: 14
70. Re: Update to my Flight delayed Claim against Ryanair

I think he was testing you to see how well you knew the law, and whether you felt you were on safe ground - and therefore likely to go all the way.

Airlines don't offer to pay for Court Fees if they don't think they've got a case to answer!

If you didn't refer him to Wallentin-Hermann, he might conclude you don't really know your onions.

If you were playing poker, you just "checked": so how are you going to flag to him that you know you've got a better hand?

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