Monarch delays & Compensations. Listed flights denied in O.P.
Comments
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You do have a valid claim however at Centipede has continually pointed out the outcome is down to the District Judge and even though you have a valid claim he/she may just take an alternative view on the day. As you have plenty of time to submit to the Court you may want to seek the opinion of the CAA to boost your confidence. They are currently taking around 4 months to answer queries but as I said you have time on your side and there are not many places you can get 8% interest on your money!
This is very true! Just don't feel particually confident with not many cases being approved (that I'm aware of). We have e-mailed the CAA but don't hold out much hope of a response.
Suppose the fact they originally said "problems with the fleet", a judge could maybe vote in our favour on this?! Who knows but as you said, probably worth a punt!0 -
MontyWomble wrote: »This is very true! Just don't feel particually confident with not many cases being approved (that I'm aware of).
Not many cases have been settled by Monarch as they just are not prepared to accept EU ruling and not many cases have gone to Court (yet) as the lead in period is quite long ie around 3 > 4 months minimum.0 -
MontyWomble wrote: »Our records show that the aircraft scheduled to operate your flight developed a crack in the windscreen which rendered the aircraft unsafe and inoperable. This is an uncommon occurrence of which Monarch have recorded only one other during the previous year. It is unfortunate that on this occasion the fault led to a delay in the scheduled departure time of your flight. As a result and in order to minimise the length of your delay, your flight was operated on the first available aircraft from within the Monarch fleet.
My claim involves a cracked windscreen too. Apparently a crack was discovered on the preceding flight, so my plane flew out to collect us from Sharm some 24 hours late.
Since cracks in windscreens do occassionally happen - and are therefore "inherent in the normal exercise of the activity of the air carrier concerned" - I do not see how anyone could claim that they constitute extraordinary circumstances.
But because Monarch are basically resisting the applicability of this law,the only way you will force them to pay to you want you are owed is by legal action. A pity - a disgrace, even - but it's the reality you're facing.0 -
As today is the last working day before my 14 day Notice Before Action expires, I went the extra mile and rang Monarch's EU Claims Department.
I explained that I wrote to them on 27 October, that they received the forms on 4 November, but that I had not heard a peep.
Monarch checked the status of my claim, confirmed that a decision had been taken, and that they were simply waiting to send out a letter. When pressed, the person I spoke with said that he did not know the outcome (anyone want to bet they cite "extraordinary circumstances"), but that he thought I would get my letter within the "next few weeks". Yes. Weeks.
I told him that, given Monarch had already had three and a half months to respond, I wasn't prepared to wait for a further number of indeterminate weeks, and that if they couldn't promise me a more speedy response and definitive timetable then I would institigate court proceedings on Monday.
He didn't seem surprised to hear this, nor was he able to offer an assurance about when I would receive my letter. Basically, he was utterly useless.
So it's MCOL on Monday. Shame on you Monarch; you are a disgrace.0 -
The fact that windscreens crack *at least* twice a year makes it something that happens twice annually, so not extraordinary whatsoever.
Monarch need to be in a position to change the problem and be on your way within 3 hours, *it's within their control* to do this.
Issue a court claim forthwith, they have given you the green light.
Unless you think that for some reason they will change their minds and cough up with just another letter?0 -
My claim involves a cracked windscreen too. Apparently a crack was discovered on the preceding flight, so my plane flew out to collect us from Sharm some 24 hours late.
Since cracks in windscreens do occassionally happen - and are therefore "inherent in the normal exercise of the activity of the air carrier concerned" - I do not see how anyone could claim that they constitute extraordinary circumstances.
But because Monarch are basically resisting the applicability of this law,the only way you will force them to pay to you want you are owed is by legal action. A pity - a disgrace, even - but it's the reality you're facing.
"inherent in the normal exercise of the activity of the air carrier concerned"
This looks very interesting... where did you find this? I would agree that therefore this isn't an extrodinary circumstance?
In the case of your claim, I thought if it was regarding the previous flight that they could not use this as an excuse?
Truly give up with Monarch, just can't believe companies can behave like this0 -
Sorry to hear that Vauban. Bet your kicking yourself you didn't just file MCOL a few weeks ago now. Don't blame yourself. You played the game as per the court will want to hear.0
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I take it you've not read the FAQ's then Monty?0
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Mark2spark wrote: »The fact that windscreens crack *at least* twice a year makes it something that happens twice annually, so not extraordinary whatsoever.
Monarch need to be in a position to change the problem and be on your way within 3 hours, *it's within their control* to do this.
Issue a court claim forthwith, they have given you the green light.
Unless you think that for some reason they will change their minds and cough up with just another letter?
Very true, twice a year isn't extrodimary. I only have one birthday a year and this isn't an extrodinary circumstance?!?0 -
Mark2spark wrote: »Sorry to hear that Vauban. Bet your kicking yourself you didn't just file MCOL a few weeks ago now. Don't blame yourself. You played the game as per the court will want to hear.
Well I've known for a while, I think, that Monarch were just taking the mick. Hence my decision to send a Notice Before Action a fortnight ago.
At least this way I get my 8% interest as well which - for us as a family of 5 - is worth an extra couple of hundred quid. And I'm going to look forward publicly shaming Monarch when I win, and exposing their contempt for their customers.:beer:0
This discussion has been closed.
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