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

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  • suelees1
    suelees1 Posts: 1,617 Forumite
    edited 3 May 2013 at 10:39PM
    One of the best yet, a man and bulb being flown in. It would be laughable if it wasn't so goddam frustrating.

    Let's be frank here, Monarch's legal team is crap if the initial decision was that your claim should be rejected. I wouldn't like to instruct them about anything serious. Their incompetence should be reported to the Law Society
    I'll get you, my pretty, and your little dog too!
  • lisafoster
    lisafoster Posts: 23 Forumite
    Part of the Furniture Combo Breaker
    Not sure where you got the information from but am sure you are correct. Are they specifically covering just Monarch or including all airlines do you know. I am sure it will be interesting and at worst, unless Monarch comes up with a very good case, the bad publicity may have an adverse effect on their business. Is there the slightest possibly they Monarch will rethink their strategy before the programme is aired!!!

    It was mentioned at the end of Watchdog on Wednesday, I only heard Monarch mentioned so not sure if any other airlines are being covered.
  • markar_2
    markar_2 Posts: 4 Newbie
    I duly emailed Monarch with the required EU Claim form and associated travel documents at the beginning of March and I haven't even had an acknowledgement let alone a response to my claim!
    I have resent it again tonight but wondered how long I need to wait before taking a different course of action?
    Incidentally I had an overnight delay from Gatwick to Goa, India so I am not letting this go!
  • ap823
    ap823 Posts: 6 Forumite
    Part of the Furniture Combo Breaker
    markar wrote: »
    I duly emailed Monarch with the required EU Claim form and associated travel documents at the beginning of March and I haven't even had an acknowledgement let alone a response to my claim!
    I have resent it again tonight but wondered how long I need to wait before taking a different course of action?
    Incidentally I had an overnight delay from Gatwick to Goa, India so I am not letting this go!

    Suggest you call Monarch EU claims hotline on 01582 531712, they will confirm that they got your claim and give you a reference number. they may have an idea about the timeline too.

    I would also raise the case with Civil Aviation Authority now, telling them it has been six weeks with no response from the airline.
  • statictom
    statictom Posts: 57 Forumite
    suelees1 wrote: »
    One of the best yet, a man and bulb being flown in. It would be laughable if it wasn't so goddam frustrating.

    Let's be frank here, Monarch's legal team is crap if the initial decision was that your claim should be rejected. I wouldn't like to instruct them about anything serious. Their incompetence should be reported to the Law Society

    My claim with Monarch is still ongoing - they had to fly an engineer to Spain to change a fuse, result 7 hrs 20 delay.
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 4 May 2013 at 9:55AM
    yes there
    Reemas wrote: »
    I know this has been asked but can't find the post.
    I have a standard refusal due to structural damage from being hit by a baggage loading truck (3rd party!). Are monarch still liable and is this EC?
    I also had another 6 hour delay where I went to the airport and then decided to change my flight to the next available monarch flight. Monarch have wrote to say I am not coved by the regulations as I 'off-loaded' myself. Is monarch still liable to pay compensation?
    Thanks
    Second issue first, if you presented yourself at the airport to board the plane at the correct time etc., and you couldn't get on that plane, you were denied boarding, and as such providing the delay was over 2, 3, or 4 hours depending on destination you are entitled to compensation.
    Third party can be more of a problem. However Article 13 of 261/2004, specifically gives airlines the right of redress against "any person including third parties", this is clarified in the ECJ judgement oct 2012 para 80there is a link to this at the start of the Thomas Cook thread,. Baggage handlers are contracted by the airline, and therefor under the control of the air carrier, so yes you have a valid case.
  • LBD
    LBD Posts: 261 Forumite
    Hi Everyone,

    Deadline for defence is Monday for me and Tuesday for husband ( dont know why ).... as Monday is bank holiday that means Tuesday for me, court state they require 10 days to process if submitted on time and to allow them this time as the defence may not send us a copy the court will...

    Am guessing it will be the bog standard one they have submitted for allt he others....

    It was suggested to me that I ask Monarch how they considered it EC's, this I did to the head of legal services, no reply ( no surprise) it was also suggested that I ask them were they aware of the Finnair judgement, again did, all in the same letter, again no surprise.... no reply...lol

    As it was all in the courts hands allowed a fair time to pass and then made a formal complaint with regards their non response....lol... Got a response yesterday..

    They are confident having reviewed the correspondence that has been sent to me that sufficient detail has been provided in order to justify the decision made. Consequently we will no be providing any further information or documentation unless requested to do so by the Courts or relevant Aviation Enforcement Body...

    Just for those who dont know my delay, it was the flight the day before that landed in Luton and had a fuel gauge fault... cause a delay of almost 7 hours....

    Yup that is not an EC...and they know it....lol...well another little scrap of paper for court me thinks....

    I flying off on Wednesday, thankfully not with Monarch....after this one and only experience with them, never again...

    Will post the defence when or if I get it... now time ot work on the response me thinks...:):)
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    LBD - don't hold your breath that Monarch will submit the defence or even if they do it might be after the statutory period. Also don't think if they don't comply with the Court timetable that you are on a 'winner'.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I've updated the OP, following a pm from the poster at 510, which has clarified one of the flights (Malaga) having a different EC cited by Monarch (for the same flight)
    Poster got the dates slightly wrong :)
  • DavePollard
    DavePollard Posts: 44 Forumite
    From other posts it would appear that from the time you notify the airlines that you are taking legal action to the date for the Court hearing is at least 5 months.This would mean if I was to start today it would be not until sometime in November before my case was heard and in my personal circumstances any date between October and the end of November would not be viable as I am likely to out of the country for most of this time Therefore what I am going to say will probably be met by many contributors on this forum as "Not Playing The Game". I have decided to wait for a couple of months to see the results of some of the earlier cases which I believe may start to heard during May.I am aware every case is different but it will allow me to play the percentage game. If say 75% of the cases are won that gives a indication of the way the judgements are going. However if 75% of the cases are won by Monarch then the chances of winning are likely to be a lot less. I put in my claim to Monarch for a flight in 2011 I understand I do not have to take my case to court for at least 12 months after my claim was rejected, so I would have nothing to lose by waiting. I apologise for my stance but it is the best opinion for me personally.
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