Monarch delays & Compensations. Listed flights denied in O.P.

Mark2spark

I've not done either urban, but according to what i've read up on, and also blondmarks posts, the chance to answer their submitted defence arises later.

111KAB

Mark2spark wrote: »

I've not done either urban, but according to what i've read up on, and also blondmarks posts, the chance to answer their submitted defence arises later.

Correct - claimant statements must be lodged with defence and court at least 14 days before hearing.

urban469

111KAB wrote: »

Correct - claimant statements must be lodged with defence and court at least 14 days before hearing.

Perfect. So at this stage, it's fine just to say:

On 21 June 2012, I was due to fly with Monarch Airlines from London Gatwick to Milan Malpensa on flight number ZB7206 (my Monarch booking reference was R4J1HS). Departure was delayed from 1600 to 1930. Arrival was delayed from 1855 to 2220.

Under EC Regulation 261/2004, I am entitled to €250 compensation for this delay of more than three hours.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

And then I can go into detail about the engine fault, and why this isn't an Extraordinary Circumstance in my claimant statement?

111KAB

urban469 wrote: »

Perfect. So at this stage, it's fine just to say:

On 21 June 2012, I was due to fly with Monarch Airlines from London Gatwick to Milan Malpensa on flight number ZB7206 (my Monarch booking reference was R4J1HS). Departure was delayed from 1600 to 1930. Arrival was delayed from 1855 to 2220.

Under EC Regulation 261/2004, I am entitled to €250 compensation for this delay of more than three hours.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

And then I can go into detail about the engine fault, and why this isn't an Extraordinary Circumstance in my claimant statement?

If you have space on the claim form it is important that you also refer to the fact that you have really tried to resolve (ie written etc) this matter prior to submitting the claim.

Vauban

111KAB wrote: »

If you have space on the claim form it is important that you also refer to the fact that you have really tried to resolve (ie written etc) this matter prior to submitting the claim.

As this useful info isn't Monarch-specific, I have set up a separate thread relating to how we take legal action: https://forums.moneysavingexpert.com/discussion/4507307

There's a useful link to precisely the question the OP asks, including a template from Centipede.

It's slightly frustrating to see the same questions come round time after time. I know the forum is quite unwieldy - and I now struggle to find useful posts I know I read. But if everyone simply keeps asking their own questions (already answered by others) then everything useful will just get buried. This should be more of a self-help library, rather than a consultancy service IMHO.

I fear I am now ranting, for which I apologise and shut up.;)

urban469

Vauban wrote: »

As this useful info isn't Monarch-specific, I have set up a separate thread relating to how we take legal action: https://forums.moneysavingexpert.com/discussion/4507307

There's a useful link to precisely the question the OP asks, including a template from Centipede.

It's slightly frustrating to see the same questions come round time after time. I know the forum is quite unwieldy - and I now struggle to find useful posts I know I read. But if everyone simply keeps asking their own questions (already answered by others) then everything useful will just get buried. This should be more of a self-help library, rather than a consultancy service IMHO.

I fear I am now ranting, for which I apologise and shut up.;)

Vauban – excellent, thanks for doing that. Can I suggest putting in a little step-by-step guide as well. Maybe mention that you don't need to lay out your whole defence at the initial MCOL claim stage (that can be done later, once you submit your statement). And that it's important to mention that you sent a NBA with 14 days notice, and that it went unreplied. I looked everywhere for advice like that, but if it wasn't for the useful advice I got on here, I wouldn't have known that.

Also, maybe set out a few of the next stages: the airline has 14 days to set out its defence. Then what happens after that etc etc. Despite searching online, I can't find anything like that.

urban469

Mark2spark, Centipede100 and 111KAB:

Thank you all so much for your help over the last day or two. I have filed the MCOL and Monarch now has 14 days to submit their defence. For the record (in case this helps anyone else), here's what I wrote in my MCOL:

On 21 June 2012, I was due to fly with
Monarch Airlines from London Gatwick to Milan
Malpensa on flight number ZB7206 (my Monarch
booking reference was R4J1HS). My arrival was
delayed from 1855 to 2220.

Under EC Regulation 261/2004, I am entitled
to €250 compensation for this delay of more
than three hours. I wrote a letter to Monarch
explaining this, and they sent me a claim
form. I filled in all the details they
requested and returned it to the company. I
received a letter telling me that Monarch was
refusing to pay compensation. On 04/03/2013 I
sent them a notice before action letter
warning that I would commence legal action in
14 days unless they paid the full amount
owed. They have still not replied.

Mark2spark

Yes, but DO go to court armed with the relevant snippets from Wallentin-Hermann and Sturgeon in case the judge isn't au fait with the argument.

richardw

er not the snippets, the full details.

Mark2spark

Ok, the full details with the relevant bit highlighted then