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

MontyWomble

Completely agree. Suppose it is worth defending until the last minute to put off others claiming.

I remember someone on here did loose (sorry to bring it up again) but does anyone know if their costs were ridiculous?

Thanks

Wifey_71

Should compensation letters be sent individually or as a couple travelling together?
My son went on holiday to Cyprus with his girlfriend and they were delayed for 5 and a half hours. They were informed at check in of the delay and were asked "were you not informed?". They were given £10 meal vouchers.

Vauban

Wifey_71 wrote: »

Should compensation letters be sent individually or as a couple travelling together?
My son went on holiday to Cyprus with his girlfriend and they were delayed for 5 and a half hours. They were informed at check in of the delay and were asked "were you not informed?". They were given £10 meal vouchers.

If they were part of the same booking, it should be fine to do together.

Tomkat

mikaelam wrote: »

Hi guys,
Is anyone using Hugh at flightmole and had any luck?
I've noticed his website has been down for maintenance for quite a while now..

My Claim is with Flightmole
ZB827 Dalaman - Luton 20/08/10 Nose wheel steering (677)

I sent all relevant details and correspondence including assignment forms end March, no news yet

friendofbillw2

Somebody sent me a PM asking some questions about the mediation process, where it fitted in to the overall claim timeline, etc.

Others may find my reply helpful, so here is an extract.

"'Mediation' is a requirement under the court's 'civil procedure rules'. Both the claimant and the defendant have a duty to try and sort out their differences before court, to find an alternative way of resolving the dispute.

Once you have lodged your claim, and Monarch have sent their defence (in the standard form, claiming ECs, flawed logic and all) you will be sent the court's 'allocation questionnaire'. This will suggest the case is allocated to the small claims track (rather than the High Court for large or complex claims) and ask if you agree to mediation. If you say no, you open yourself up to a bigger award for Monarch's costs if you lose. As there is always a risk of losing no matter how strong your case (judges are as entitled to a bad day at the office as anyone - see JPears's case discussed at length on the court success thread), to protect your position regarding costs, tick 'yes' to mediation on the allocation questionnaire. Monarch will do the same.

A few weeks later, a court appointed mediator will call you to arrange a one hour shuttle mediation session. What happened in my case was that the mediator rang me to get the facts of the claim and asked me to what extent I was willing to compromise. I said I would waive my interest. She then called Monarch to hear their side of the story, and they offered to pay my court fee (£60) in full and final settlement. I said that was derisory, but that as a final offer I would waive my interest and the costs, but that my EUR 800.00 (2 passengers) had to be paid in full. Monarch's final offer was £100.

As we were miles apart the mediator decided not to waste any more time and referred the case to a hearing.

As this case is Individual v Company, I gather it should be allocated to the individual's local court.

I am waiting for the hearing date to be set, and have to send my written witness statements rebutting their defence to the court and the defendant at least 14 days before the hearing..."

Hope this helps.

Vauban

friendofbillw2 wrote: »

Somebody sent me a PM asking some questions about the mediation process, where it fitted in to the overall claim timeline, etc.

Others may find my reply helpful, so here is an extract.

...

Hope this helps.

That's useful to see - and is probably a typical experience, I suspect. Mine was even less useful, as the mediator claimed not to have either my or Monarch's contact details so sat on the file for a month before returning it to Northampton!

Anyway, my case was transfered to my local court at the end of May and I am told I should get a preliminary direction from the District Judge within the next few days (which will hopefully be a date!).

For those still thinking about whether to start legal action, I should point out that I commenced my MCOL claim at the beginning of January: and this has a few months left to run yet, I suspect.

diggerb

Its obvious that monarch are dragging their feet in every way possible,in our case they have p**sed me off so much that i will not go away. I am tempted to reject mediation but i suppose all it adds or takes is time, so i will go along with it.
As far as proving we were on the flight,surely the fact that they are defending the claim would be evidence of that and if not, if that is their defence they would have to provide proof to that effect anyway.
Any thoughts would be appreciated.

111KAB

diggerb wrote: »

I am tempted to reject mediation but i suppose all it adds or takes is time, so i will go along with it.
As far as proving we were on the flight,surely the fact that they are defending the claim would be evidence of that and if not, if that is their defence they would have to provide proof to that effect anyway.
Any thoughts would be appreciated.

Proceed with mediation - it will get you nowhere but costs zero and will show Judge you were willing to mediate. You are spot on re need to prove you were on flight - just a standard clause Monarch insert to try and put you off. Place onus upon them to prove you were not on flight.

friendofbillw2

111KAB wrote: »

Place onus upon them to prove you were not on flight.

Sorry to disagree KAB, but I'm not sure it works like that. Firstly, you can't prove a negative, and secondly, the burden of proof 'on the balance of probabilities' is on the claimant.

In my case I asked Monarch via a Data Protection Act Subject Access Request (posts passim) to tell me whether their computers had my name on the Passenger Name Record for the flight I was claiming compensation.

They folded, and said in writing they would not be taking that point of their defence further. That letter is in my court bundle, just in case they have a bit of memory loss on the day of the hearing around writing it.

111KAB

friendofbillw2 wrote: »

Sorry to disagree KAB, but I'm not sure it works like that.

No problems with you disagreeing but Judge agreed with me and totally discounted this Monarch clause but I did have letters/emails etc from Monarch apologising for the delay to my flight.