Resorting to court action over EC.261
#16
Join Date: Dec 2022
Location: United Kingdom
Posts: 476
Sorry to piggyback on this thread. Earlier this year I had three separate bookings for 3x separate passengers (bookings were all paid for by me) for a one-way Emerald flight UK-DUB, although everything was booked through the EI mainline website.
On the day, the flight was delayed for over 5hrs, for which I believe EU261/UK261 “trip in vain” applies, i.e. we no longer wished to travel and wished to receive a full refund. EI did this fine for one of the bookings, but deducted an “administration fee” from the refunds for the other two bookings. Despite me pointing out the inconsistency with the first booking (fully refunded as expected), EI are now refusing to budge as regards the other two bookings.
I have tried the CAA, but they have told me this is not a UK261 claim (I am also disputing this with them!) so will not take it on. It appears EI do not participate in the CEDR scheme, so I’m led to believe my only remaining option is the small claims court?
1) Can I use the UK version (money claim online) or would I have to use the Irish equivalent?
2) Is my claim against Emerald or EI?
3) Can I add the £35 court fee to the claim should I be successful? (To me it seems a clear cut case and I would be confident of success, unless anyone can spot any potential pitfalls!)
Thanks in advance for any advice.
On the day, the flight was delayed for over 5hrs, for which I believe EU261/UK261 “trip in vain” applies, i.e. we no longer wished to travel and wished to receive a full refund. EI did this fine for one of the bookings, but deducted an “administration fee” from the refunds for the other two bookings. Despite me pointing out the inconsistency with the first booking (fully refunded as expected), EI are now refusing to budge as regards the other two bookings.
I have tried the CAA, but they have told me this is not a UK261 claim (I am also disputing this with them!) so will not take it on. It appears EI do not participate in the CEDR scheme, so I’m led to believe my only remaining option is the small claims court?
1) Can I use the UK version (money claim online) or would I have to use the Irish equivalent?
2) Is my claim against Emerald or EI?
3) Can I add the £35 court fee to the claim should I be successful? (To me it seems a clear cut case and I would be confident of success, unless anyone can spot any potential pitfalls!)
Thanks in advance for any advice.
2. Emerald. The Operating Carrier is responsible.
3. Yes. In the UK the £35 is added to your claim.
#17
Join Date: May 2017
Posts: 2,016
#18
Join Date: Dec 2022
Location: United Kingdom
Posts: 476
I know people who get around it by using rented PO boxes, their work address or addresses of friends and relatives.
But UK261 one definitely applies to an EU airline flying to the UK which EI DUB-UK would cover, or any flight leaving the UK which EI UK-DUB would cover.
Aer Lingus would need an address in England or Wales to be served at, but they do so that's covered to.
#19
FlyerTalk Evangelist
Join Date: Feb 2009
Location: From ORK, live LCY
Programs: BA Silver, EI Silver, HH Gold, BW Gold, ABP, Seigneur des Horaires des Mucci
Posts: 14,215
If you take a case in the UK and win, it may not be straightforward to obtain payment on your judgement against a non-resident company.
Also, it's the passenger who must sue (and if filing online, each passenger must lodge their case separately, or it'll get struck out). Not the person who bought the ticket.
Also, it's the passenger who must sue (and if filing online, each passenger must lodge their case separately, or it'll get struck out). Not the person who bought the ticket.
#20
Join Date: Dec 2022
Location: United Kingdom
Posts: 476
If you take a case in the UK and win, it may not be straightforward to obtain payment on your judgement against a non-resident company.
Also, it's the passenger who must sue (and if filing online, each passenger must lodge their case separately, or it'll get struck out). Not the person who bought the ticket.
Also, it's the passenger who must sue (and if filing online, each passenger must lodge their case separately, or it'll get struck out). Not the person who bought the ticket.
I have however had success in getting payment from Swiss, Wizzair and Finnair through MCOL.
If they refuse to settle a CCJ, you can send bailiffs to their UK office or in extreme cases to the airport.
There was a case recently where bailiffs turned up at T2 and closed the Delta check in desks until a manager appeared to pay the £4000 CCJ via credit card.
#21
Join Date: Jun 2006
Posts: 5,900
All correct.
I have however had success in getting payment from Swiss, Wizzair and Finnair through MCOL.
If they refuse to settle a CCJ, you can send bailiffs to their UK office or in extreme cases to the airport.
There was a case recently where bailiffs turned up at T2 and closed the Delta check in desks until a manager appeared to pay the £4000 CCJ via credit card.
I have however had success in getting payment from Swiss, Wizzair and Finnair through MCOL.
If they refuse to settle a CCJ, you can send bailiffs to their UK office or in extreme cases to the airport.
There was a case recently where bailiffs turned up at T2 and closed the Delta check in desks until a manager appeared to pay the £4000 CCJ via credit card.
#22
Join Date: Dec 2022
Location: United Kingdom
Posts: 476
I do love those cases where an airline has blatantly tried to ignore their legal responsibilities and the passenger has taken action to defend their rights. I remember on one of those TV programs they turned up ready to seize an Easyjet aircraft at LTN. Amazing how quickly their accounts department issued a cheque.
Isn't it funny how quickly the corporate credit card is presented under such circumstances!
#23
Join Date: Dec 2018
Programs: $9 Fare Club
Posts: 1,482
There should be punitive damages payable to the victim if there's a unreasonable delay in paying compensation and all paperwork has been filed correctly. I bet the chequebook would come out right fast it it was 4x or 5x EU-261 if they delay beyond a certain timeline.
#24
Join Date: May 2017
Posts: 2,016
Interest is payable if you pay too late. Also, it is not free of charge to send a bailiff to the airport and the airline probably has to reimburse the passenger for that cost.