WilcoRoger

Compare this to Japanese efficiency - last week on a domestic flight we had 70 minutes (!) delay at departure. At the time of boarding the ANA girl at the gate handed everyone an envelope with a 1000Ą (9€) note in it. No hassle, no claims.

skba1

I have a similar one for a similar cancellation where they are claiming a clearly BS "exceptional circumstances" whereby 'staff were ill' (12+ hrs before flight on home base?!?!?!?!?).

After two bouts with AY customer service it is now with Swedish ARN (i.e. consumer protection body). Will update how it goes - but it is the worst airline I've had to handle an EU claim in such a blantantly obvious case. Even Norwegian handles them better!?!

I will stop using Finnair for my ARN-HEL commuting if this is how they handle their operations.

nocod

Just an update to my original case with NORRA/Finnair. I went after Finnair with a UK court case, and they finally agreed to settle for the requested EC261 comp amount a few days before the scheduled hearing.

ffay005

Congratulations Nocod!

This also proves that AY is well aware of the fact that pilot sickness is no extraordinary circumstance. In Finland, it pays off to try and trick your customers who either know no better or, even if they do, have no realistic chance of getting the compensation since there is no small claims procedure.

Is AY still on the Consumers' Dispute Board's black list?

paul00

Great result, nocod! Could you possibly add your case to the wiki in the Finnair and EU 261 compensation main thread please?

Also, did you go through the European Small Claims Procedure or did you use the UK small claims procedure? Just wanted to check as you mentioned a scheduled hearing, and in a previous post said that you would file an ESCP claim, but my understanding is that the ESCP is a written procedure.

nocod

Unfortunately I'm not able to as it seems it requires a min of 90 posts to edit a Wiki on Flyertalk.

Ended up using a law firm in the UK who went using the normal UK small claims route. It was filed against Finnair UK branch, instead of Norra who don't have any UK entity.

ffay005

So this would mean that you have some costs for the lawyer as well, right? Has AY agreed to pay those, too?

nocod

Usual agreement of 25% of the compensation amount, not sure if they got some costs from Finnair as well.

paul00

Thanks for the clarification, nocod. I see that FFlash already included your case in the Finnair and EU 261 compensation thread wiki when he created it on 19 Jan 2017.

As your claim was filed in the Small Claims Track in England and Wales (rather than through the European Small Claims Procedure), the rules on the recovery of costs are set out in Rule 27.14 of the Civil Procedure Rules and Para 1 of Practice Direction 45. As the winning party, you can only recover fixed costs on commencement (calculated in accordance with Table 1 of Rule 45.2 of the Civil Procedure Rules) and any court fees from the defendant. In your case, as there was no hearing, you wouldn't have incurred any travel expenses/loss of earnings/expert fees as a result of attending a hearing.

If I understand correctly, Finnair admitted to the whole of your claim (EUR 400). This would constitute an admission of the whole of the claim for a specified amount of money in accordance with Rule 14.4 of the Civil Procedure Rules. Consequently, you would be able to recover fixed costs on commencement (GBP 50) and court fees (GBP 35 if your lawyers filed the claim online or GBP 50 if they used a paper form).