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

433Barbara

Thanks Vauban.

Just wondered if I had a case?

suelees1

Thought you might be interested in this info about payouts for Monarch flights

http://www.euclaim.co.uk/press/373/Monarch-pays-21000-to-passengers-represented-by-EUclaim


http://www.euclaim.co.uk/UserFiles/Monarch_airlines_21000_payout_to_Eu_Claim_clients.pdf

suelees1

433Barbara wrote: »

Thanks Vauban.

Just wondered if I had a case?

I'd certainly go for it

433Barbara

Thanks suelees1

I've never had to do anything like this before and was just 'bamboozled'

I've read similar on here but not sure on the terminology, for example NBA?

Didn't know whether best to go small claims court or though a claim company etc.

suelees1

NBA? Likely to be 'notice before action' - usually written as LBA - 'letter before action'. It's basically putting them on notice that you intend to issue proceedings

Basic steps usually are

1. Send your claim form to Monarch (this isn't needed by law but it will help not to delay it further
2. Monarch write back and tell you to bog off as it's extraordinary circumstances or some other guff
3. Write back to say you're not happy and explain why, giving them a reasonable time - say 14 days - or you will have no option but to ask the court to decide. If I remember there's at least one template on here.

As for the small claims court you can do it yourself online - known as MCOL 'Money Claim Online' (just put that in a search engine and the governement website will come up).

post 257 gives general info how to complete the MCOL form
posts 423/424 ideas of what to put in the MCOL statement
(thanks to those posters)

If you're not too sure about it or if you want an easier life let the claims company do it for you. It'll still be small claims court. Any payout will be reduced by their fee which is usually around 30%

Hope this is helpful

Sue

Vauban

suelees1 wrote: »

NBA? Likely to be 'notice before action' - usually written as LBA - 'letter before action'. It's basically putting them on notice that you intend to issue proceedings

Basic steps usually are

1. Send your claim form to Monarch (this isn't needed by law but it will help not to delay it further
2. Monarch write back and tell you to bog off as it's extraordinary circumstances or some other guff
3. Write back to say you're not happy and explain why, giving them a reasonable time - say 14 days - or you will have no option but to ask the court to decide. If I remember there's at least one template on here.

As for the small claims court you can do it yourself online - known as MCOL 'Money Claim Online' (just put that in a search engine and the governement website will come up).

post 257 gives general info how to complete the MCOL form
posts 423/424 ideas of what to put in the MCOL statement
(thanks to those posters)

If you're not too sure about it or if you want an easier life let the claims company do it for you. It'll still be small claims court. Any payout will be reduced by their fee which is usually around 30%

Hope this is helpful

Sue

Good advice there was Sue.

I'd read the FAQs - and all the links - on page one of this thread, and then decided whether you have the ability, time and motivation to handle the claim yourself. You don't need to be a lawyer, but you do need to be reasonably smart and literate. You'll also have help from folk on this forum.

My (very unscientific) test is: read the Wallentin judgement. If you basically understand it, start your claim. If it's just Chinese, instruct a no win no fee company for 70% of the win.

suelees1

For 433 Barbara

BTW (by the way ) there are others on here where the crew were out of hours. I've just done a quick search (click control and F and small box appears in top right hand corner. Put in the word you want - in this case 'crew' and it highlights every time crew is mentioned. You have to do this on every page though). I did it on first page (known as OP or original post) and several on there have been knocked back as a result of Monarch claiming it was extraordinary circs. The post number is next to the list so look at posts 378, 711, 765 and 1406. I've not checked them myself so hope that's right. From there you should get comments about the various flights.

suelees1

Vauban there's no 'thanks' icon under your last comment box....is it because you've exhausted the MSE thanks bank

433Barbara

MORE THAN helpful thanks Sue & super thanks for the help on the MCOL form with post numbers

I originally wrote back in July 2011 to Monarch and got fobbed off. Then after recent ruling tried again in April 2013 with their Monarch claim form to receive another bog off letter.

I e-mailed last week to say not happy with their refusal to compensate following the recent WATCHDOG programme but not heard anything.

I think I'll try and pursue down the small claims court line.

Just out of curiosity...... should the small claims court rule in favour of Monarch, do I still have an option to pursue through a claims company.

Sorry to be so naive

suelees1

The claims company only does what you do yourself ie act as your representative in the small claims court so unless there are actual grounds to appeal then no, if you lose that's usually the final decision.

I'm not particularly au fait with the small claims court, all my legal experience is with tribunals but I think both are similar in that there are very limited rights of appeal. One is if there were serious irregularities or if the decision was erroneous in law. You can't appeal just because the judge decided in Monarch's favour.

Blimey don't worry about being naive