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

Vauban

Yes - congratulations. Well done on facing them down. It's telling that in the end Monarch were not even prepared to go through the motions of defending this indefensible position in Court.

One for the court success thread, Mr. Centipede?

Mark2spark

Well done Pez, I will put this in the OP

Scottish_Princess

Hi Guys,

Just to give you an update on my claim. Originally denied earlier this year by Monarch. I then took my claim to the CAA (just out of interest to see, if anything, what they could do.....well I have finally got my answer. Absolutely nothing and have just wasted my time. They have told me that I should have directed my complaint to the country I was travelling from. Why could they not have said that in the first place when I first submitted my claim to them, Just thought I would let you know in case anyone has got a claim pending with the CAA when you are claiming for your RETURN flight. Here for you all is the transcript. Would appreciate any advice on which way to proceed, and whether you think it is worth it. "recent correspondence" joke.....

Dear passenger.
Thank you for your recent correspondence.
As your flight involves EC Regulation 261/2004 and you departed from another European Union (EU) country or from a country outside the EU to an airport in another European country, I am afraid that we are not in a position to assist. This is because every Member State of the EU is required to have a body to receive complaints that fall under the Regulation. These bodies deal with complaints about flights from airports within their country and within their jurisdiction. You should therefore address your complaint directly to the relevant National Enforcement Body (NEB).

EU in this sense includes all EU Member States plus EEA countries of Iceland, and Norway. Switzerland is not a member of the EEA, but maintains a special relationship with the EEA in regards to aviation.
It is up to the individual NEB how they deal with your complaint and we have found that some may take enforcement action against airlines in cases of proven infringements of the Regulation but they may not obtain redress for individual complaints. Whilst we do not want to pre-empt their actions we felt we should let you know you may have to pursue your individual claim legally to seek redress. However the NEB should advise you further of their findings, which will help you build your court case, and your next course of action once they have reviewed your complaint.

I am attaching contact details for NEBs detailing countries in the EU and the EEA.
Yours sincerely,





Tony Sims
Consumer Affairs Officer
Regulatory Policy Group
Civil Aviation Authority
Room 401
CAA House, 45-59 Kingsway, London WC2B 6TE
Telephone: 0207 453 6888
www.caa.co.uk

Airline/Airport:
It is PACT’s policy to forward any airline/airport reply about an individual case to the complainant. It is imperative that any information that you consider is confidential, is identified as such.

Passenger:
The information you supply to us will be used by us to provide advice or resolve your complaint. This will usually involve sharing the information with the airline or airport you are complaining about.

The CAA’s Regulatory Policy Group delivers the CAA’s consumer enforcement and economics work, and helps CAA to put the consumer at the heart of all of its work. The CAA’s passenger portal can be found at www.caa.co.uk/passengers, and more information about RPG’s work at www.caa.co.uk/rpg.
<<NEB contacts.pdf>>

Cheers Guys!

BassBunny

@Scottish Princess.
As you will see from my post further up, #1866, the CAA have changed the online form now so that as soon as you enter your departure airport and it isn't UK, they won't let you proceed and dirrect you to the NEB Contacts list.
As you will find if you decide to go that route, it's all in Spanish, so would need a translator unless you are fluent in the language.

Basingstoke_Betty

Vauban wrote: »

Yes - congratulations. Well done on facing them down. It's telling that in the end Monarch were not even prepared to go through the motions of defending this indefensible position in Court.

One for the court success thread, Mr. Centipede?

Hi Vauban and Centipede....I can't find a forum with this sort of title....where is it? Would be lovely to read about more successes!

Vauban

Basingstoke_Betty wrote: »

Hi Vauban and Centipede....I can't find a forum with this sort of title....where is it? Would be lovely to read about more successes!

It is cunningly disguised on the first page of the forum list as "Court Success Thread"

Here if you still can't see it: https://forums.moneysavingexpert.com/discussion/4573907

Basingstoke_Betty

Vauban wrote: »

It is cunningly disguised on the first page of the forum list as "Court Success Thread"







Oops, sorry, still learning my way around

111KAB

BassBunny wrote: »

As you will find if you decide to go that route, it's all in Spanish, so would need a translator unless you are fluent in the language.

NEB (AESA MADRID) have English list and indeed their English is excellent. Emails are a bit different but a snail mail letter with the appropriate information (flight details etc) will, insofar as I am aware, always get an acknowledgement (around 3 weeks) and a response (mine took 132 days!).

433Barbara

MON302 - 17 June 2011 Sanford to Manchester

I have twice been denied (July 2011 & April 2013) under 'exc circumstance' for a flight delay of 30 hrs and 56 mins on MON302 17 June 2011.

They have quoted on 'push back' of the outbound flight the aircraft scheduled to operate your flight was declared unserviceable, therefore unsafe to fly due to a door sensor. Our engineers required a part which was located in London Gatwick; this was flown to Manchester on the next available aircraft. In the meantime the crew exceeded their legal duty hours and were required to take a period of minimum rest. In order to reduce the length of your delay and minimise the disruption, passengers on your flight were transferred to the first available aircraft from within our fleet, however once this had been arranged your original aircraft then became serviceable. Your flight operated at the earliest opportunity the following day once the crew had completed the requisite rest period.

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.

Having just seen the FANTASTIC news on russetred's triumph, I'm wondering if I should go down the small claims court option?

I did contact the CAA 22nd February 13 but have still not heard anything back.

Any advice WELCOMED............:T

Thanks for reading

Vauban

433Barbara wrote: »

Having just seen the FANTASTIC news on russetred's triumph, I'm wondering if I should go down the small claims court option?

I did contact the CAA 22nd February 13 but have still not heard anything back.

Any advice WELCOMED............:T

Thanks for reading

What alternative do you have?