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

Betterthanpar

dstainer wrote: »

Evening All,
After some expert advice again, as I've had a rather confusing (to me anyway) letter from Northampton County Court.
I've had a letter "Notice of Proposed Allocation to the small claims track" which says TAKE NOTICE THAT
1. This is now a defended claim
The defendant has filed a claim a copy of which is attached
2. It appears that this case is suitable for allocation to the small claims track. blah,blah,
3. You must by xx July complete the small claims questionnaire and file it with the court office and serve copies on all other parties.

Attached were a number of forms to fill in and then on the last page this, which is I assume Monarch's defence statement:-


Me :-) Claimant
&
Monarch Airlines Ltd Defendant

DEFENCE

1) Without any admission as to liability or the merits of the claimants' claim, the defendant does not wish to dispute this claim and shall make payment for the whole amount claimed.

Signed Monarch Airlines

I'm now confused - on the first few pages the court are saying that this is a defended claim and I have to fill out various questionnaires and file it with the court and the defendant and then on the other hand, it appears that Monarch are rolling over, not defending & admitting liabilty.

Any advice? - do I still have to fill out all of the paperwork as though they are contesting? Anyone had similar? Confused and very grateful for advice on next steps :-/

I received an identical Monarch " Defence" statement from the court on 21st June but a different covering letter from the court which said

""Please find enclosed a Full Admission from the defendent. You may now enter judgement online for the amount outstanding on the claim"

which I did via MCOL the same day, and received a cheque from Monarch for the full amount on 29th June.
Just confirm that your court claim No. is in the top RH corner of the form, but it seems pretty certain that Monarch have indeed "folded" (as they did in my case).
Certainly you must check with the MCOL help desk that the forms were sent in error, but I suspect congratulations are in order.

dstainer

ddavies43 wrote: »

I received an identical Monarch " Defence" statement from the court on 21st June but a different covering letter from the court which said

""Please find enclosed a Full Admission from the defendent. You may now enter judgement online for the amount outstanding on the claim"

which I did via MCOL the same day, and received a cheque from Monarch for the full amount on 29th June.
Just confirm that your court claim No. is in the top RH corner of the form, but it seems pretty certain that Monarch have indeed "folded" (as they did in my case).
Certainly you must check with the MCOL help desk that the forms were sent in error, but I suspect congratulations are in order.

Thanks for the info....the more I read into it, the more I think it's probably a court error rather than another Monarch time wasting tactic (for a change!). I'll ring MCOL tomorrow and see what they say...don't want to get my hopes up too much. If it is the end of the road, I'll be pleased, but after months of reading up on Wallentin/Sturgeon et al, I was quite looking forward to my day in the limelight watching Monarch squirm!

GothicMaiden

111KAB wrote: »

Monarch seem to have some difficulties (delays?) in complying with Judge's orders. Note date of cheque (22 days after Order) and received some 30 days after the Order.

So that's what a compensation cheque looks like! Do hope I get mine soon: before court would be even better. Congratulations again, Mr 111KAB Sir. Now that you are the celebrity.

dstainer

dstainer wrote: »

Thanks for the info....the more I read into it, the more I think it's probably a court error rather than another Monarch time wasting tactic (for a change!). I'll ring MCOL tomorrow and see what they say...don't want to get my hopes up too much. If it is the end of the road, I'll be pleased, but after months of reading up on Wallentin/Sturgeon et al, I was quite looking forward to my day in the limelight watching Monarch squirm!

Update today....have rung MCOL and explained my situation. The support lady on the phone said it sounded strange and agreed that the paperwork contradicted itself. Unfortunately, as she couldn't go in and look at my case specifics herself, she asked me to scan my documents and e-mail them to the MCOL support team directly. Apparently, it sounds like my case needs investigating and "re-classifying". Let's see.........

MontyWomble

Hi all,

I noticed on the summary of compensation for 111KAB that there was no reference to the £80 court costs?

I was suprised when I received confirmation of a court date (Sept) that we needed to pay £80 court fees (in additional to the £60 we paid at the start of the process).

Does this sound correct?

As silly as it may sound given the recent judgements, I am becoming increasingly worried about the potential costs we may be faced with if we loose; £60 upfront fee, £80 costs, Monarchs time in court...

I thought Monarch would admit defeat with my case but seemingly not which concerns me further that they still think they have a ligitimate defense her.

Thanks!

111KAB

MontyWomble wrote: »

Hi all,

I noticed on the summary of compensation for 111KAB that there was no reference to the £80 court costs?

DO NOT WORRY! Monarch are playing games plus they read this thread and if they think you are worried they may take your application to Court a little more seriously although it still won't help them. Item 2 of my Order reimbursed me my £35 application and £55 hearing costs (£90) in full.

MontyWomble

Thanks 111KAB, trying to stay positive!

How come your costs were so much lower?

Thanks

klint

MontyWomble wrote: »

How come your costs were so much lower?

Court costs depend on the amount claimed.

P.S. Don't worry about Monarch's court appearance costs, in the very unlikely event that you lose, you'll only have to pay them a small amount.

MontyWomble

Ah, I see!

Well will keep my fingers crossed.

111KAB

MontyWomble wrote: »

How come your costs were so much lower?
Thanks

My claim was for £400 (250€ x 2) which shows what lengths Monarch will go to. 2 Barristers attended Court for around 5 hours + travelling + research. Add onto that Monarch's own solicitor Morgan Mulay + her time + they had an expert witness statement prepared.

Was it worth it to Monarch - of course it was (financially) as there were over 200 inconvenienced passengers on my plane many of whom have probably been put off claiming as a result of the extraordinary circumstances Monarch claimed. After my costs/claim etc their bill ran into thousands when they could have settled with me for significantly less however they are hell bent on returning to a profit and if they did the 'right' thing and paid out legitimate claimants then their bottom line would suffer.