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

pavr27

Further to my previous post regarding a court date with Monarch of 6th June

I believe I am supposed to receive copy of documents from Monarch that they intend to rely on in court, 14 days prior to the hearing date.

This would have been the 23rd May, last Thursday. ( sent my papers to Monarch and the court before this date)

Should I be concerned (or happy!) that I have not received anything from Monarch? Are there any consequences to Monarch that they have not sent me the papers?

Thanks

111KAB

pavr27 wrote: »

Should I be concerned (or happy!) that I have not received anything from Monarch? Are there any consequences to Monarch that they have not sent me the papers?

Typical - you should not be concerned or happy as it is part of the Monarch strategy. You can mention it to the Judge (as I did) who in all likelihood will discount it as the real reason you are in Court is to claim for a delay and not to talk about whether some papers arrived late. There appear to be no consequences unless you have a Judge who is starting to get fed up with their 'strategy'.
Ensure that when you receive the information (if at all) from Monarch you retain the stamped envelope as proof of late posting.

JPears

111KAB wrote: »

Typical - you should not be concerned or happy as it is part of the Monarch strategy. You can mention it to the Judge (as I did) who in all likelihood will discount it as the real reason you are in Court is to claim for a delay and not to talk about whether some papers arrived late. There appear to be no consequences unless you have a Judge who is starting to get fed up with their 'strategy'.
Ensure that when you receive the information (if at all) from Monarch you retain the stamped envelope as proof of late posting.

KAB, I would disagree with you to some extent, depending upon the content of the "missing" papers. In my case the statements I have received (a day late) are full of addtional "evidence" that I will be countering in Court. Much more difficult to prepare yourself if you dont have that information, and that needs to be pointed out to the Judge.

111KAB

JPears wrote: »

KAB, I would disagree with you to some extent, depending upon the content of the "missing" papers. In my case the statements I have received (a day late) are full of addtional "evidence" that I will be countering in Court. Much more difficult to prepare yourself if you dont have that information, and that needs to be pointed out to the Judge.

I did point out the late/missing delivery to my Judge and wish I hadn't!! Firstly I was told, in no uncertain terms, that we were in Court to discuss a claim relating to a delay and not the late/missing receipt of some papers and secondly the case was adjourned for a further hearing as I had pointed out the late receipt. Therefore the Judge said if I wasn't happy I should be now as he had given me a further 2 months to read the late information! So by all means raise the situation of the evidence you wish to counter but beware if you try and introduce the late receipt as being an important aspect.

JPears

It does grate that the Judicary and Courts set these rules and dates, pointedly makling them clear and obvious and to be adhered to, yet ignore them in Court. Whilst I accept that it is a minor point, it can be relevant to your case.

Mark2spark

The terminology for this is that there hasn't been any time for 'inspection upon discovery' of the late arrival of documents.
But this would normally apply when they give you the paperwork on the morning of the case, in person, at the court.

russetred

Printing out my witness statement for Thursday. I have used post 1909 for the foundation , many thanks to Vauban. At the end should I add another point to say the claimant contends that they have a right to interest. At this point should I mention court costs and court attendance, which I would leave up to the sherriff to decide the amount of. Thanks for any pointers.

111KAB

russetred wrote: »

Printing out my witness statement for Thursday. I have used post 1909 for the foundation , many thanks to Vauban. At the end should I add another point to say the claimant contends that they have a right to interest. At this point should I mention court costs and court attendance, which I would leave up to the sherriff to decide the amount of. Thanks for any pointers.

In England you are entitled to 8% interest from date of delay but this figure is an historical one when interest levels were higher and in my case the defendant asked for a reduction to 3%. I argued I had extra costs - recorded delivery, printing etc - but this was not resolved at my hearing as it was adjourned. Also entitled to application and hearing costs being reimbursed. No set attendance costs but £50 pp seems the norm but you will have ask for the Judge to consider. I was also asked for details regarding my travel.

CA100

I would be grateful for any advice on pursuing a claim in respect of the above flight. My initial claim has already been rejected on the grounds of "extraordinary circumstances". I accept part of the delay was as a result of this i.e. Snow however I believe Monarch made some decisions that further delayed our flight when the extraordinary circumstances ceased.

The facts - Our flight ZB7448 departed at 1750 when it was scheduled to depart at 0700.
The airport opened at around 12.30 and a Thomson flight to the same destination (Malaga) that was also scheduled to depart at 0700 flew at 1339.
We were delayed an additional 4 hours plus because Monarch chose to bring in another plane from Gatwick for us so that the afternoon Monarch Flight to Faro could leave on time.

I would be grateful for any advice as to whether I should pursue this further . Thanks

russetred

111KAB wrote: »

In England you are entitled to 8% interest from date of delay but this figure is an historical one when interest levels were higher and in my case the defendant asked for a reduction to 3%. I argued I had extra costs - recorded delivery, printing etc - but this was not resolved at my hearing as it was adjourned. Also entitled to application and hearing costs being reimbursed. No set attendance costs but £50 pp seems the norm but you will have ask for the Judge to consider. I was also asked for details regarding my travel.

Thanks. The same interest rate is applicable in Scotland and although interest rates may have fallen generally since 8% was first set I can show that I still receive 8% from a First Direct account and 6% from an HBOS account and have done for some years, so not unheard of then.

Any other advice or pointers would be appreciated. I am nervous but determined. I have not heard from monarch since before the Bank holiday weekend.

As soon as I can after the hearing tomorrow I will come on here to let everyone know how it went.