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

111KAB

When dealing with the Spanish Authorities in respect of my Monarch claim (departure from Spanish Airport therefore CAA not really interested) they insisted the standard EU form was completed rather than Monarch's OWN form. the following link is for the form only for those that require....

http://www.seguridadaerea.es/NR/rdonlyres/8F5BB2B3-29D5-49EA-8EAF-5FFDFED6CBDA/39390/eu_complaint_form_under_r261_04.pdf

111KAB

glentoran99 wrote: »

The CAA told me they will contact monarch to obtain further details, It also says so on their site, I would be happier going to court with a positive CAA opinion, I know they cant force monarch to take note but it would strengthen my case

The following is the response I had from the CAA ....



Dear Passenger

Thank you for your reply.

I note that you would prefer that we dealt with your complaint. Our view has always been that passengers would generally prefer to have their complaint handled by their own national complaints handling body. But we were not able to persuade either the European Commission or other National Enforcement Bodies. So we had to fall into line with the policy that complaints falling within the scope of Regulation EC261/2004 would be handled by the NEB in the country where the disruption occurred. With this in mind, I am afraid we would not be in a position to assist with your claim.

However, I have attached some information that you may find useful.

Yours sincerely

xxxxxxxxxx
Consumer Affairs Officer
Regulatory Policy Group

ang216bc

Hi LBD

I note your comments to glentoran99 Post 246

How much information should you disclose on the Court Claim Form? Are you supposed to disclose everything or keep something back that maybe of use to you at a later date?

glentoran99

111KAB wrote: »

The following is the response I had from the CAA ....



Dear Passenger

Thank you for your reply.

I note that you would prefer that we dealt with your complaint. Our view has always been that passengers would generally prefer to have their complaint handled by their own national complaints handling body. But we were not able to persuade either the European Commission or other National Enforcement Bodies. So we had to fall into line with the policy that complaints falling within the scope of Regulation EC261/2004 would be handled by the NEB in the country where the disruption occurred. With this in mind, I am afraid we would not be in a position to assist with your claim.

However, I have attached some information that you may find useful.

Yours sincerely

xxxxxxxxxx
Consumer Affairs Officer
Regulatory Policy Group

My departure point was outside the eu so it's a uk CAA matter so hopefully they will help

111KAB

ang216bc wrote: »

Hi LBD

I note your comments to glentoran99 Post 246

How much information should you disclose on the Court Claim Form? Are you supposed to disclose everything or keep something back that maybe of use to you at a later date?

The Claim form wording in respect of the hearing says "The parties shall send to each other and to the court, statements of the evidence they wish to give at the final hearing, and statements of any witnesses they wish to call together with any supporting documents not less than 14 days beforehand".
I therefore see no reason to 'hold anything back' as it will all be out in the open before the hearing anyway. I would however look closely at the MCOL form as the amount of space to 'present your case' is very limited.

Mark2spark

glentoran99 wrote: »

The CAA told me they will contact monarch to obtain further details, It also says so on their site, I would be happier going to court with a positive CAA opinion, I know they cant force monarch to take note but it would strengthen my case

The main thing about going to court is to have a case that, should you fail, won't result in the judge deciding that your claim was frivolous, and award costs against you.
With a CAA statement that Monarch are in the wrong, and a re-visit to the Monarch legal dept with the fresh CAA opinion, followed by a decline to discuss it further by said dept, you can easily show the court that your hands were tied and that court was the last resort, and that you explored every avenue to settle before going to court.

LBD

ang216bc wrote: »

Hi LBD

I note your comments to glentoran99 Post 246

How much information should you disclose on the Court Claim Form? Are you supposed to disclose everything or keep something back that maybe of use to you at a later date?

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

as you will see om page 1 of the claim form it says claimants thats where your details go

defendants name

airline name

in the next section put date of flight, flight number, from and to the length of the delay, under regulation EC 261/2004 under the sturgeon precedent case ruling 19november 2009, i am entitled to 250 euros compensation in the respect of this delay as it exceeds the 3 hours wich was ruled as the linit beyond when compensation is payable by the airline.

value

flight compensation of 250 euros plus 0.0219% per day from date of incident till settlement.

2nd page

particulars of claim


give outline of flight no, to and from, the delay, the regulation as quoted above

you've corresponded with the airline with this matter and have not received a satisfactory response other than acknowledgement

if you've telephoned sate that you have phoned more than once again with no response

flight compensation as per above

then it asks a statement of truth you fill it in as it asks.

you need to complete one of these for every member of the party, and you must send three copies to the court for each member of the party.


what i did was filled in the first one completely printed off the required amount of copies and then just edited the claimants name each time instead of having to fill out each form from scratch and print of three copies per each member in the party.
do not forget to keep a copy for your own records.


this is a basic claim form this is all that is required to start your claim you will be given additional paperwork by the court as it progresses through the system. nothing else need be sent with this.

you will get notice of acknowledgement from the court the defendant will have 14 days to respond and they can ask for an additional 14 days making 28 in total.

its from this point on the court sends additional paperwork which has time limits for submissions etc.

this is what happened with my claim:j

glentoran99

Heres one, should i decide to use a claims company for my claim, and they take 30% could i then claim that from the airline as they are the ones forcing me to court?

roo987

Monarch recently rejected my claim as they told me that Pilot illness was an extra ordinary circumstance.

We were delayed coming back from Dalaman for 8 hours. We were scheduled to fly at 1.30pm and instead took off at 9.45pm. We were given lunch at a local hotel during this time and were told there would be dinner for us on the plane. There was no food on the plane. We finally landed at Gatwick about midnight gmt.

I have wrote to the CAA as I feel that a Company the size of Monarch should have provisions in place if this happens. Sickness of staff is not extraordinary. If they are not responsible for their own workforce planning then I do not see under what circumstances they would actually pay out for.

I will wait to see what happens and I wanted to see if anyone else had the same.

glentoran99

Centipede100 wrote: »

No, the value of your compensation won't change whether you decide to pursue it yourself as a litigant in person or employ others to pursue it on your behalf.

Wouldnt costs be included in the claim though? eg, having investigated NI small claims it would cost me £100 to lodge the claim, and from what i can tell there could be further costs wouldnt Monarch be liable for this should they lose the case? so thats why im thinking should they lose they would be liable for my costs in bringing the claim, ie the 30% (around £300)

Depending on the CAA response im thinking that it would be in my interests to use a claim company, risking £300 that I may get if i win, but not risking £100 up front that i may never see again