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

Vauban

statictom wrote: »

I was pleased to read the response from VAUBAN to FriendofbillW2 and the excellent response to Monarch re Wallentin.

I hit a snag with Monarch in so much as I do not possess flight tickets from Oct 2010. My flight from Almeria in Spain was delayed for over 7 hrs when a fuse went on the PA system.

I have written to Monarch, sent their claim forms which I downloaded myself and completed, forwarded copies of our passports and had no response at all. All letters etc were sent recorded delivery and signed for. I have now sent a NBA letter, and again no response.
I rang customer services and they informed me that they require me to prove I was on the plane. I explained I have bank statements showing I paid Monarch for tickets, even extra payments for pre-booked seats and meals, etc. But they insist I need proof of being on board. I feel like asking them to prove I was not on board.
I asked if I can pay to be provided with an edited list of passengers to help prove I was on the flights - they replied NO - passenger confidentiality.

Any suggestions.

You only need to demonstrate to the court that, on the balance of probabilities, you were on the flight. Credit card statements and other evidence is useful to this end.

Did you book the flight yourself? Do you have no emails from Monarch? Did you use their website? If so, your login - with past bookings - should still be live. And if you used a travel agent, what records do they have?

And finally you could, for about ten quid, make a data protection subject access request to Monarch. They would then share with you everything they hold on you - including previous bookings (as your flight was less than three years ago, I think you should still be on their system).

But - a bigger point - it's obvious that Monarch are just messing you around. Their failure (and now apparently refusal) to reply to you tells you everything you need to know. There's only one way you are going to get your compensation ...

111KAB

statictom wrote: »

I asked if I can pay to be provided with an edited list of passengers to help prove I was on the flights - they replied NO - passenger confidentiality.

Any suggestions.

Information should still be on 'your bookings' page on Monarch website otherwise you could make a Subject Access request under the Data Protection Act - costs £10 but 'threaten' Monarch with this first and they will probably admit you were on plane.

Information on how here: http://ico.org.uk/for_the_public/personal_information

friendofbillw2

Vauban wrote: »

You only need to demonstrate to the court that, on the balance of probabilities, you were on the flight. Credit card statements and other evidence is useful to this end.

I'm lucky in that I usually pay for everything with a credit card, all of which gives proof of where I was at any point in time. A statement showing a coffee bought at the departure airport and a meal bought in the resort shortly after arriving should prove to the satisfaction of the court that I travelled between those two points somehow in the time elapsed between the two credit card transactions.

There are many ways to prove on the balance of probabilities that you were on the flight. You don't necessarily need boarding pass stubs, although I'll certainly be keeping those if I'm delayed in future!

LBD

Hi Everyone,

I have been away for the past two weeks, and have come home to Monarchs lovely defence.... am going to have a go at posting it...


ok not working.... not sure how to post the scanned copy without having to retype it all.

111KAB

LBD wrote: »

Hi Everyone,

I have been away for the past two weeks, and have come home to Monarchs lovely defence.... am going to have a go at posting it...


ok not working.... not sure how to post the scanned copy without having to retype it all.

Cannot help with paste and copy however I assume your plane suffered a technical problem and Monarch have quoted extraordinary circumstances - if not I would try and copy and paste as it will be a new response that others possibly have not seen. If EC's then only way now is for you or a no win no fee firm to commence court action - good luck

LBD

Hi 111KRB

I will type it out later this afternoon, I have already instigated court action, this is the defence they submitted to the court.....

4poc

Having emailed Greek CAA with full details of my delayed flight at the begining of April and chasing them last week, i received today this email:

"Referring to your claimregarding delay of Monarch Flight in 2008, we would like to inform you thefollowing:

According to the EuropeanCourt of Justice Decisions in joined cases C-402/07 and C-432/07, C-581/10 andC-629/10, when the passengers reach their final destination three hours or moreafter the scheduled arrival time, they may seek flat-rate compensation from theairline, unless the delay is caused by extraordinary circumstances.

Kindly be informed that youcan take legal actions based upon the above decisions.
We are at your disposal forany further information.

KindRegards

xxxxx

Acting Director of Air Transport andInternational Affairs Division"

I have already started legal proceedings, but this is a very "Woolly" answer. Worth writing back to them and asking if they consider the circumstances extraordinary? Or do i get the hint that "we don't know, you take them to court and find out..?"

Vauban

4poc wrote: »

Having emailed Greek CAA with full details of my delayed flight at the begining of April and chasing them last week, i received today this email:

"Referring to your claimregarding delay of Monarch Flight in 2008, we would like to inform you thefollowing:

According to the EuropeanCourt of Justice Decisions in joined cases C-402/07 and C-432/07, C-581/10 andC-629/10, when the passengers reach their final destination three hours or moreafter the scheduled arrival time, they may seek flat-rate compensation from theairline, unless the delay is caused by extraordinary circumstances.

Kindly be informed that youcan take legal actions based upon the above decisions.
We are at your disposal forany further information.

KindRegards

xxxxx

Acting Director of Air Transport andInternational Affairs Division"

I have already started legal proceedings, but this is a very "Woolly" answer. Worth writing back to them and asking if they consider the circumstances extraordinary? Or do i get the hint that "we don't know, you take them to court and find out..?"

Yes, I can that's not very helpful. Why not, as you say, reply and ask them to solicit a view on whether they consider the issue extraordinary or not? That said, I doubt it will sway Monarch - and the Greek NEB may not hold much weight with a British District Judge either.

Vauban

Centipede100 wrote: »

I assume it will be very similar to friendofbillw2's defence in post #1905 above. Why not just tell us in what ways it is different to that.

I used an online .pdf image text converter to post mine. But I'm sure others are right: it will be interesting to see how it differs from F!!!'s above (or indeed mine, posted here: http://forums.moneysavingexpert.com/showpost.php?p=60010777&postcount=1180)

friendofbillw2

Here's another useful resource for those building a case.

If you want to know how Monarch compare to other carriers on your route for the month or year you were delayed

www.caa.co.uk/punctuality‎

has all the statistics you could ever require to a quite extraordinary level of detail.

Invaluable for those trying to prove that Monarch's record for 'taking all reasonable measures' and resolving delays is not what it should be.