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

TomLikesSausages

An interesting full page article about flight delay compensation payments on Page 41 of the Money Mail today. It my view it does seem to indicate that the CAA have more juristiction over the airlines than they actually have. Also it does not cover much about taking the airlines to court. The only real postive is any publiciticty on the subject may help overall.

Sarah601

My own personal claim against Monarch involves a flight delay of 5 hours due to a technical fault on an Alicante-LGW flight last year. They have of course cited "extraordinary circumstances" as they "had to source a plane from Memphis" (?!!!) but beccause this led to a very long delay, they ended up chartering a plane from Manchester.

However, the one big thing in my favour, I believe, is that although the original scheduled departure time for my flight was 19:45, Monarch phoned my home phone in the UK at 8am on the day to advise there would be a delay to the flight. Therefore, they knew at 8am (at least 12 hours beforehand) that the flight would be delayed beyond the original departure time of 19.45. So why were they expecting it to take longer than 12 hours to get a replacement plane?? That fact, I believe, is certainly not an extraordinary circumstance.

My opinion is that the original fault may very well have been an "extraordinary circumstance", but the delay sourcing a plane from Memphis, and then eventually chartering a private plane from Manchester, was not.

What I dont understand though is why Monarch are spending so much time and energy in fighting all the claims. They aren't even caving in at the second post, but are employing legal experts to defend their claims in court, when the cost to them for expert witnesses and legal teams will be way way more than the cost of the original claim.

Vauban

Sarah601 wrote: »

My own personal claim against Monarch involves a flight delay of 5 hours due to a technical fault on an Alicante-LGW flight last year. They have of course cited "extraordinary circumstances" as they "had to source a plane from Memphis" (?!!!) but beccause this led to a very long delay, they ended up chartering a plane from Manchester.

However, the one big thing in my favour, I believe, is that although the original scheduled departure time for my flight was 19:45, Monarch phoned my home phone in the UK at 8am on the day to advise there would be a delay to the flight. Therefore, they knew at 8am (at least 12 hours beforehand) that the flight would be delayed beyond the original departure time of 19.45. So why were they expecting it to take longer than 12 hours to get a replacement plane?? That fact, I believe, is certainly not an extraordinary circumstance.

My opinion is that the original fault may very well have been an "extraordinary circumstance", but the delay sourcing a plane from Memphis, and then eventually chartering a private plane from Manchester, was not.

What I dont understand though is why Monarch are spending so much time and energy in fighting all the claims. They aren't even caving in at the second post, but are employing legal experts to defend their claims in court, when the cost to them for expert witnesses and legal teams will be way way more than the cost of the original claim.

On your case, I think you are spot on. I suspect they needed to find the extra plane because their fleet had no capacity, so a technical failure (which is not extraordinary, incidentally) leaves a plane shaped hole to fill.

On your broader point about why they are fighting, I am told that Monarch have received well over twenty thousand claims for compensation (not surprising, given their punctuality record). By fighting them all, only a tiny fraction will ever come to court - most people will walk away. So the maths do themselves really: make it difficult, and the policy of deterrence pays - even if you need some to employ some lawyers to give it credibility.

diggerb

Just had a thought while browsing the thread. Our five hr delay claim which monarch are defending extraordinary circs, (problems with the front landing gear retraction or something), now as i have already said exactly the same delay on the same flight the following week and on return research showed that this particular flight was delayed four times out of six over this six week period , three of these delays were over five hours, presumably they will all be being defended under ex circs.
Given that the dictionary definition of etraordinary is (something VERY unsual ) and that monarch seem to be using it willy nilly, maybe a table of flights dates and excuses might be a good idea.

klint

Sarah601 wrote: »

However, the one big thing in my favour, I believe, is that although the original scheduled departure time for my flight was 19:45, Monarch phoned my home phone in the UK at 8am on the day to advise there would be a delay to the flight.

Funnily enough, the same happened with me. When I booked, I gave them both my mobile phone number and my UK landline at work. On the day of our return flight, while they knew we were in Spain, and even though they had my mobile number, they left a voicemail message on my UK work number to advise of the delay! Are they totally stupid? Unfortunately, I deleted the voicemail and only now have a vague memory of it, so didn't bother mentioning it in my court claim.

Martin85

TomLikesSausages wrote: »

An interesting full page article about flight delay compensation payments on Page 41 of the Money Mail today. It my view it does seem to indicate that the CAA have more juristiction over the airlines than they actually have. Also it does not cover much about taking the airlines to court. The only real postive is any publiciticty on the subject may help overall.[/QUOTEi
I read this article and it does indicate that the CAA has some influence. The article also refers to the success of 111KAB success.

Mark2spark

Anyone got a link please?

GothicMaiden

TomLikesSausages wrote: »

An interesting full page article about flight delay compensation payments on Page 41 of the Money Mail today.

http://www.dailymail.co.uk/money/holidays/article-2339797/Airlines-face-revolt-120-travellers-day-lodge-official-complaints-suffering-delay-hours.html

111KAB, please can I have your autograph: you are a celebrity!!

LBD

But you must be motivated and prepared to devote the time and effort into seeing the matter through.[/QUOTE]:beer::beer::beer:

I am husbands court is in few weeks, am just hoping the the dj, actually grasps the judgment....maybe even e lucky and them decide we are too far out in the sticks lol and not show up:j

ours started out as a fuel valve fault the previous day... then they swapped Engine interface units adn that didnt fix it lol...then replaced start switches and that didnt fix it then the manual told them to replace the HMU ( hydro mechanical unit)... all of which had ot be taxied to Luton from other airports.... but it is after all Extraordinary circumstances lol..:j

Well done on your win and can I have your autograph please, and lvoe the tv & radio coverage as well.... did they put you up in a nice fancy hotel???

Sarah601

I recall seeing a sample letter somewhere on the forums a little while ago and wondering if someone can point me in the right direction as I can't see it now.

It was an example of what to write when an airline has claimed "exceptional circumstances" and you want to advise them they have x number of days to settle the claim or you will take it to the small claims court.

Any ideas anyone?