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

GothicMaiden

Mark2spark wrote: »

Congrats to Urban.

I will update the OP with all the various additional info from the last week shortly (as time permits)

Yes i had a good holiday thank you

Pleased you had a good holiday and welcome back. Hope you had uneventful journeys.

Bet you are surprised that it hasn't all been settled in your absence!

NorthumberlandLady

Centipede100 wrote: »

Check out the Civil Procedure Rules and their Practice Directions, but £50 attendance fee each per witness or solicitor plus their reasonable travel expenses.

Am I alone in potentially being out off taking legal action due to the risk of expensive claims in the event that we loose?

I know this is exactly what the airlines, well Monarch in particular, are wanting us to think - but it does have to be a consideration.

I'm wondering if there is anyone on this forum who has been unsuccessful in taking monarch to court, and if so, what level were the expenses/costs etc that they had to pay please?

Vauban

NorthumberlandLady wrote: »

Am I alone in potentially being out off taking legal action due to the risk of expensive claims in the event that we loose?

I know this is exactly what the airlines, well Monarch in particular, are wanting us to think - but it does have to be a consideration.

I'm wondering if there is anyone on this forum who has been unsuccessful in taking monarch to court, and if so, what level were the expenses/costs etc that they had to pay please?

Not as far as I am aware. There is a risk of course that you will not win. But your costs in a small claims court are limited - apart from the court fees you have to pay (and only get back if you win) you do not have to pay the other side's legal fees. But attendance and travel costs fall to the loser, I understand.

You are right that it is a deterrent. But only you can decide yourself what to do. I know of two cases of the airlines settling on the steps of the court, and one other case where the judge told the airline to go away and come back when they were better prepared (that is still ongoing). I am aware of no one on this forum who has lost.

But because there is no precedent set in a small court, there is no advantage is waiting for others to go first. You cannot cite their victory in your own case. Each judge will make up his/her own mind. So you are right that it is a gamble - and not for pennies either.

But if you don't think your chances are good - or can't afford the risk - go with a no win no fee company, and (if they take your case) you'll get to keep perhaps 70% of your win, without risk to you.

NorthumberlandLady

Thanks Vauban that's very helpful to know - I do intend to take it further (assuming I don't receive a miraculous reply in the next 2 days), but just had concerns about potential spiralling costs.
Thank you.

Karb

Karb wrote: »

More great Customer service from Monarch

"Thank you for your correspondence

Please be advised that it is acceptable for Monarch to request that a claimant completes a claim form. We are in no way refusing your claim for compensation under Regulation EC261. To process claims we require certain information and that information needs to be in a particular format to facilitate efficient processing of claims and protect against fraud. It is a straight forward form which should take you no more than a matter of minutes to complete.

I would also like to make you aware that not all passengers subjected to a delay of more than 3 hours are entitled to compensation. This is another reason why Monarch require certain information in a specific format to allow us to investigate the actual circumstances of the delay.

Thank you in advance for your cooperation in this matter"

Now, to put this into context, I waited 6 weeks for a response to my original letter, and their response was simply to ask me to fill out a form. I responded within 24 hours to say that I had waited long enough already and had no intention of wasting time filling out forms when they already had all of the required info and associated documentary evidence in my letter. A further four weeks have passed before their e-mail today.

I love the last section where they seem to be claiming that they cannot investigate the reason for a delay based on a flight number and date if it is in a letter, but they are miraculously able to if I put it onto a form!

And after a further three weeks wait, they come up with yet another stalling tactic!

Dear Mr Karb

Thank you for your email.

Please re-confirm the flight details of the flight you are making a claim for and I will see if there is any judgement which has been made on that flight previously.


They have all the details already, as they were in the original letter which they clearly received as it is the only way that they could know a) my e-mail address and b) that I'd made a claim at all.

4poc

N1 Form
i was hoping to hand deliver it to local county court, but i am told that they no longer accept them.
So, I will post them but have hit some contradicotry advise. As there are 5 of us (me/hub/3kids - all under 12) i asked how many copies should i send and should it be only me to sign? One CCMCC advisor said two copies, the other one said one original and 4 copies - 1 for each claimant. I indend to "represent" all my family and surely a child can not sign the N1 form. Does anyone know for sure that 1) i can be the only one to sign, 2) how many copies do i send?
I know 2 for sure one for the court and one to be sent to the defendant.
I am itching to get this form off so i can have some breathing space...
Most thankful for correct advice.

Vauban

Karb wrote: »

And after a further three weeks wait, they come up with yet another stalling tactic!

Dear Mr Karb

Thank you for your email.

Please re-confirm the flight details of the flight you are making a claim for and I will see if there is any judgement which has been made on that flight previously.


They have all the details already, as they were in the original letter which they clearly received as it is the only way that they could know a) my e-mail address and b) that I'd made a claim at all.

Write them a NBA letter, and put an end to this silly saga!

NorthumberlandLady

I have this morning received my (expected) letter from Monarch claiming EC for flight MON4502 06/12/2008.

It's pretty much a copy and paste job of the same letter which others on this forum have received with the following details:-

Our records show that the aircraft that was originally scheduled to operate your flight, developed stiffness in the right hand throttle lever and following investigation by engineers, the aircraft was declared unserviceable and unsafe to operate until the throttle cable had been replaced. As a consequence, your departure was unavoidably delayed. However, in order to reduce the delay and minimise disruption, we transferred passengers from your flight on to the first available aircraft from within our fleet and you departed at the earliest opportunity once the replacement aircraft had completed its previous flying commitments.

Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.


We were delayed 8 hours.
Am I correct in thinking that this is simply a technical fault and NOT an EC?
Also, does the fact that they put us on another aircraft mean that we do not have a claim? W were still delayed 8hours after all.

Any advice would be welcome - many thanks in advance.

Vauban

NorthumberlandLady wrote: »

IWe were delayed 8 hours.

Am I correct in thinking that this is simply a technical fault and NOT an EC? Yes you are!
Also, does the fact that they put us on another aircraft mean that we do not have a claim? No it does not! As you say, you were 8 hours late, and the regulation only permits 3 before compensation is due.

To be fair though, who amongst us has not suffered from the occasional stiffness in our right hand throttle lever ...

NorthumberlandLady

Thanks once again Vauban - I did giggle at the 'stiffness in the right hand ...."
So I guess it's a NBA - then I'm a bit lost - will have to read through the FAQ to find the next steps.