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

Zar_Zar

Would anyone have any details of a Monarch Flight delayed on 7.8.2010 from Dalaman Airport to Manchester flight was delayed for several hours .

Zar_Zar

Mark have you any details of a Monarch flight out of Dalaman Airport to Manchester which was delayed for several hours on the 7.8.2010.thanks Tommy

111KAB

Zar_Zar wrote: »

Would anyone have any details of a Monarch Flight delayed on 7.8.2010 from Dalaman Airport to Manchester flight was delayed for several hours .

FlightStats confirms 5 hour delay on ZB3507 on that date.

blondmark

harveysimon wrote: »

i have received acknowledement re my small claims case re my barcelona 5.5 hours delay
has anybody sufferered a delay on this flight 12/08/12 ZB519?
Why has the case been transeferred to Northampton instead of manchester where i issued proceedings from
thanks

If the defendant is not an individual (as here), there is no automatic transfer provision and the court can decide where the case is held as part of its case management powers. However you could try writing to Northampton, if that's where your claim has been transferred to, and ask them to transfer the case back to Manchester on the basis that you are an individual and the defendant a large corporation with vast resources to attend court at any location. Just check that the Northampton court doesn't say CCMCC because that's only the money claims centre in Northampton - cases are not heard there - they are always transferred to another court where the case is then heard.

klint

Quick question: should you state that you are claiming interest in your Notice Before Action? Or you do only claim interest if you are forced to start legal proceedings? (In other words, if they pay you the full compensation as per the EU formula without you having to make a court claim, do they still owe you interest?)

PeteG1

Centipede100 wrote: »

1) As the airline have put a process in place it would be best to fill out the forms but you are not obliged to do so and this wouldn't even get near being discussed in a court hearing.

2) 1 claimant per form - again, nit obliged but may be best complying.

3) They will claim ECs but no matter as you have started to identify holes in their defence by your own comments!

4) Interest may be claimed from the date of the original delay up to the date you begin your legal claim at 8% per annum and thereafter at 0.0219% per day until judgment is given.

5) Check out the post on page 1 of this thread!

Many Thanks for the advice. I've decided that its best to give them some of what they ask for, so forms filled in but minus passport details and phone nos.

Very good point about interest, I had originally claim 3%PA compounded, but 8% statutory interest (which I've now found out is what the court would award) is a much better amount to claim.

As you say they are likely to claim the fault on the previous plane, plus crew running out of hours are all EC. So this is likely to go to court.

I could not find the flight listed on page 1, so I guess no-ones had any results chaiming for this flight delay. I did however see the return flight, to manchester as monarch claiming ECs due to electronic fault (#722). Those poor passengers were stuck in Dalaman airport for 26 hours, with no hotel to go to. We lost out on was a day's holiday and associated food (all inclusive at hotel), but at least we were able to relax at home during the delay.

blondmark

klint wrote: »

Quick question: should you state that you are claiming interest in your Notice Before Action? Or you do only claim interest if you are forced to start legal proceedings? (In other words, if they pay you the full compensation as per the EU formula without you having to make a court claim, do they still owe you interest?)

No. Although your letter before claim should warn that you will be claiming interest in proceedings, you would not be entitled to any if you did not sue (as it's not a B2B transaction).

111KAB

PeteG1 wrote: »

Very good point about interest, I had originally claim 3%PA compounded, but 8% statutory interest (which I've now found out is what the court would award) is a much better amount to claim.

In court you may well find (if you are awarded costs + interest) that the Airline request a less 'penal' rate as they may state the 8% interest levy is an historical figure. As I understand it (Blondmark/Centipede please correct me here if necessary) the Judge can levy what he/she feels is an appropriate level taking into account representation from both sides. In my case Monarch requested 3%.

blondmark

... and indeed interest is purely discretionary - the judge need not award any interest. Those 'interested' may enjoy this treatise on interest HERE.

Bugsy5

I have just been refused by Monarch on flight Mon 3693 and they quote engine failure as extraordinary circumstances, though all I read says that breakdowns do not come under this category.