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

urban469

So, I sent my NBA on 04/03/13. No reply. I filed legal action on 21/03/13. On 22/03/13 I receive the following letter from them (dated and postmarked 20/03/13):

I am writing further to my previous letter dated 08th March 2013. I can confirm that Paul XXXXXXX has requested further information be provided surrounding your delay to ensure our legal team can fully review your case. Once all investigations are complete he will respond in full to you. Thank you for your continued patience.

Paul XXXXX is obviously a member of Monarch staff. I have blocked out his name.

Now, this is really dirty: I didn't receive any letter dated 08 March 2013. That would have been within my 14 day NBA window.

Where does this leave me? I filed legal action yesterday.

Mark2spark

urban469 wrote: »

So, I sent my NBA on 04/03/13. No reply. I filed legal action on 21/03/13. On 22/03/13 I receive the following letter from them (dated and postmarked 20/03/13):

Paul XXXXX is obviously a member of Monarch staff. I have blocked out his name.

Now, this is really dirty: I didn't receive any letter dated 08 March 2013. That would have been within my 14 day NBA window.

Where does this leave me? I filed legal action yesterday.

Nothing has changed. Monarch have had plenty of time to ascertain all of the facts. How many weeks since you sent in your original claim form?

Mark2spark

Hestar wrote: »

Thanks for the reply. I am owed €400 per passenger, but Monarch have halved the compensation.

However, reading through Article 7.2 it does seem to imply that the airline is able to halve the compensation - can you clarify how that clause doesn't apply to flights that are less than 3500km?

Many thanks in advance for your help!

Was you re-routed?
If not, how can that section apply to you?
Only flights over 3500km can have the amount reduced by 50%.

urban469

Mark2spark wrote: »

Nothing has changed. Monarch have had plenty of time to ascertain all of the facts. How many weeks since you sent in your original claim form?

I sent the original claim form to them on 07/01/13.

My concern is that the judge may say I should have waited if they asked for more time to investigate (i.e. if they can prove that they sent a letter on 8 March, which I don't believe they can prove, because I didn't receive anything).

Mark2spark

MontyWomble wrote: »

2) The Claimant is put to strict proof as to whether he was actually on the said flight.

The small claims track doesn't work on a 'strict proof' basis. The balance of probabilities is the requirement, not 'beyond reasonable doubt' as per criminal cases.
So a booking ref number of a boarding card is plenty.

I would also say to the judge that they have a passenger list so why are they asking this and wasting the courts time?
They also ask in the initial claims form for either a booking ref no or a boarding pass. Why are they asking for that again?
Score brownie points as the hearing progresses IMO.

Mark2spark

urban469 wrote: »

I sent the original claim form to them on 07/01/13.

My concern is that the judge may say I should have waited if they asked for more time to investigate (i.e. if they can prove that they sent a letter on 8 March, which I don't believe they can prove, because I didn't receive anything).

Don't be concerned. They have given you a reason of EC's and hence the court claim. Asking to re-check an investigation that took several weeks is nonsense.
There's plenty of time to withdraw the case if they come up with the goods before the hearing date.

friendofbillw2

Firstly, thanks to the regular contributors here for their invaluable advice.

I sent a claim regarding ZB238 LGW-> ACE on 20/09/2011 (8 hours delayed) and received an extraordinary circumstance fob off by email from 'EU Claims Team' on the basis of a rudder defect.

Having read a good chunk of the advice on this thread I have just replied, again by email, with the following.


Subject : NOTICE BEFORE ACTION RE: Eu claim ZB238 20/09/2011 - your reference xxxxxx


Dear EU Claims Team

Flight number : ZB238 LGW ->ACE
Flight date : 20/09/2011
Booking Reference : XXXXXX
Passenger names : xxxxx and xxxxx
Amount claimed : EUR 400.00 perpassenger, total EUR 800.00

Thank you for your response of 6 March to my compensation claim dated 14 February.

You state that your records show that the aircraft scheduled to operate our flight ‘developed a rudder defect’. You will be aware that in the judgment of the Court of Justice of the European Union in Tui & others v CAA (C-629/10), it was held that technical problems are unlikely to constitute a valid defence to a compensation claim on grounds of ‘extraordinary circumstances’. Should you be relying on any such defence I should be grateful if you would provide further specific details regarding the discovery, diagnosis and rectification of this technical fault, and outline precisely why you consider these to be ‘extraordinary’ rather than routine, normal and every-day in the running of a commercial airline. I shall be grateful if you will provide these details within 14 days of the date of this email.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours faithfully

Name and address


I'll keep you posted as we proceed!

PsychoSul

Hello there, can any-one help

My flight delay claim, goes back to Wed 17th May 2006,
Manchester to Paphos flying with Monarch at 09.40.
Our plane was used, in the morning, to transport Aresenal fans, to Paris, for the Champions League Final.
While at Paris the plane was "damaged" by the portable steps when attaching to the plane, thus causing the delay.
When we finally boarded the plane, over 5 hours later, the Captain told us all, the reason why. We received nothing from Monarch (food or drinks) while delayed our any explanation why, until we boarded.
After reading about others, we decided to make a claim in Feb, we researched everything and found that on the flight delays sheet , our flight was posted as UNKNOWN, Nobody knew where the plane was!!! so we sent it all of to Monarch by Recored Delivery
Posted the claim forms on the 14th Feb 2013, after reading about every-one elses complaints, received a reply by e-mail 22/3/13, from Monarch claims, basicely saying that, and i quote
"if your flight departed before 24th Oct 2006, and you have not started a County Court claim, you will not receive compo for flight delays, prior to this date,as small claims,track claims, must be started within 6 years of the event, which gave rise to the claim"
So my question is, how can you claim back to 17th Feb 2005, if this ruling applies ? Or are these delay tactics by Monarch

Thanks to Centipede100 for yuor links, very helpful

don_quiote

June 2011 flying Gatwick to Mallorca flight was delayed about 5 hours, have been told extraordinary circumstances, as the delay was due to baggage handlers damaging door whilst unloading baggage at previous destination, have read that hard for airline to prove ec on technical issues, does damage caused by an airport worker come under technical problems

urban469

friendofbillw2 wrote: »

Firstly, thanks to the regular contributors here for their invaluable advice.

I sent a claim regarding ZB238 LGW-> ACE on 20/09/2011 (8 hours delayed) and received an extraordinary circumstance fob off by email from 'EU Claims Team' on the basis of a rudder defect.

Having read a good chunk of the advice on this thread I have just replied, again by email, with the following.


Subject : NOTICE BEFORE ACTION RE: Eu claim ZB238 20/09/2011 - your reference xxxxxx


Dear EU Claims Team

Flight number : ZB238 LGW ->ACE
Flight date : 20/09/2011
Booking Reference : XXXXXX
Passenger names : xxxxx and xxxxx
Amount claimed : EUR 400.00 perpassenger, total EUR 800.00

Thank you for your response of 6 March to my compensation claim dated 14 February.

You state that your records show that the aircraft scheduled to operate our flight ‘developed a rudder defect’. You will be aware that in the judgment of the Court of Justice of the European Union in Tui & others v CAA (C-629/10), it was held that technical problems are unlikely to constitute a valid defence to a compensation claim on grounds of ‘extraordinary circumstances’. Should you be relying on any such defence I should be grateful if you would provide further specific details regarding the discovery, diagnosis and rectification of this technical fault, and outline precisely why you consider these to be ‘extraordinary’ rather than routine, normal and every-day in the running of a commercial airline. I shall be grateful if you will provide these details within 14 days of the date of this email.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours faithfully

Name and address


I'll keep you posted as we proceed!

I'd be weary of sending an NBA by email. It's always better to post and get (free) proof of postage. You should probably print this out, add a note to the top saying this supersedes any previous letters, and put a new date on it.

The other thing is that you're saying that if they provide a defence to your claim, you will not take legal action. No. You only want to say that if they pay your claim in full you will not take legal action. Who cares if the provide a defence! You still want to reserve the right to take legal action in that case.