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

Vauban

I fear I am more Ray than Ben, alas ...

klint

blondmark wrote: »

http://youtu.be/0z_Qqnq8pI8

The scene that came to my mind was a bit different:

http://www.youtube.com/watch?v=InTAt2hI_kg

shazzza68

on returning from paphos on the 29th june 2013. we had a 5 hour delay can i claim from monarch airline plz help ???? book with thomas cook package holiday

PIP1966_2

Hi all

I got so far with Monarch (EU Claim, NBA etc) and then I had a bereavement and I couldn't face taking the next steps. I instructed EU Claim Specialists (Bott & Co Solicitors) and I received regular updates from them. Yesterday, I received an email to advise:-

"We are pleased to advise that the airline has now agreed to settle this claim. We expect to receive payment within the next 42 days. If you have not already done so then can you please provide us with bank details for each Claimant, so that we can transfer the compensation to you".

I know some people will think that using a claim firm is an easy cop out but under the circumstances I really didn't have it in me to fight Monarch in court.

I would like to thank Mark2Spark for his advice.

Good luck to everyone else.

PIP

nicka99

shazzza68 wrote: »

on returning from paphos on the 29th june 2013. we had a 5 hour delay can i claim from monarch airline plz help ????

it depends on the nature of the delay - if it can be put down to 'exceptional circumstances' then no, otherwise yes.

friendofbillw2

shazzza68 wrote: »

on returning from paphos on the 29th june 2013. we had a 5 hour delay can i claim from monarch airline plz help ????

"Plz" look at the FAQs on page 1 of this thread, the stickies at the top of the forum and if, having read and digested that lot, you decide you have a claim, then go for it. If you need any really detailed information feel free to ask back here, but practically everything you need has already been asked and answered multiple times, you just need to search for it...

Nobody is going to give you this on a plate. If you are due compensation and want to get it, you are most likely going to have to fight for it. That fight starts now. Good luck.

LBD

433Barbara wrote: »

When sending a Notice Before Action (NBA) is it wise to state why you are contending their refusal to claim, in the hope that they know that you know your stuff and that they contend before court etc?

For instance:

Flight affected was on plane previous to my flight
The EC they are claiming is not an EC as per Wallentin
Flight was delayed 10+ hrs so plenty of time to put in other measures

Also is there any draft/example witness statement anywhere please (obviously with data sensitive stuff removed)?

thanks

I did not on mine, just stated that I was rejecting their response............

before you collect witness statemnts and such, you need to know what the grounds are, what they have cited as the Ec's......

then take it from there........each witness statement is in some parts specific to the defence and grounds used......

Once oyu submit the court paperwork, they will acknowledge it, and get a further 14 days, they will then submit a defence.... once you get that, we can work on the key areas and counter arguements for you to use....

if you have'nt already dl the Wallentin report, can I suggest you do, and read it, over and over and over, this really is the key.......I was given that advice and took it and am sure it is part of the reason why I won....

Their arguments were as the judge said " very weak":beer::beer:

LBD

Vauban wrote: »

No, no, no, no!

did you say that like Jim from the Vicar of Dibly...lol:A:A

LBD

PLEASE READ THIS AND THE ARTICLES THERE IN, ALL THE HELP AND INFORMATION IS IN HERE........






QUOTE=Centipede100;58530703]FAQ's

All blue words are links to relevant posts.

WARNING
Please read these FAQ's and guidance, together with the MSE article in order to discover useful information before you ask a question!

What to do next after reading the FAQ's.

Airline bust= no claim
The claim is against the airline, not the travel agent, not the package holiday company, not the administrator, nor anyone else. AIRLINE ONLY. If the airline is bust, you have no-one to claim against. It doesn't matter if the package tour operator is still in business and the airline is not. No airline = no claim.

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.... but check out the corrections to the (inaccurate) MSE article:

MSE article corrected

Flight Stats Check your delay length time (you may have to register)

'Which!' draft letter to set the ball rolling Start off your claim
Alternatively:

CAA Template letter Standard claim letter to initiate a claim

After denial of your claim, issue 14 days notice of Court Action:

Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

Explanation of the legal process of NBA, 14 days notice before court claim.

Small claims time limitIts 6 years in England & Wales, 5 years in Scotland
European court press release on time limits to claim It's the time limit in each member state, which 6 years in England & Wales.

MCOL : Link to the Court Forms (for England & Wales)
How to claim in Scotland - Link to guide to Scottish procedure to small claims
Scottish Court Fees

Package holiday flights ARE covered.


Regulation261\2004
CAA Denied boarding
Right to Care
CAA contact details

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background
EC's explained yet again

Thomas Cook address, phone number, and email address
Thomas cook incident Oct 26 2012

Thomson address
Emirates Airlines address

KLM Claim form
Ryanair address
Ryanair Irish appeal explained
How to combat Ryanair using the English Court System
BA Address
BA complaint web-site

BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address

Compensation per person + Monarch email
Monarch Claim form

European small claims court forms How to issue a court claim against a foreign airline with no UK address

Airline claims 2 years maximum to claim The England & Wales time limit is 6 years, - that's the Law - Scotland 5 years (see link above for Scotland)

'More' Judgement on 22nd NOV confirms the limit is whatever applies in the Country - 6 years England & Wales, 5 years Scotland

Wallentin-Hermann judgement The concept of extraordinary circumstances explained in legal terms

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment - The ECJ Grand Chamber ruling on the 23 October 2012

Folkerts v Air France case C-11/11 Missed connection due to delay on first flight still qualifies for compensation if arrival is later than 3 hours

Eglitis & Ratnieks case C-294/10 Airline should organise its resources in good time to be able to ensure the operation of the flight after Extraordinary Circumstances have ended (so called knock on effects) http://curia.europa.eu/juris/document/document.jsf?text=261%252F2004&docid=82052&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=477772#ctx1[/QUOTE]

433Barbara

LBD wrote: »

I did not on mine, just stated that I was rejecting their response............

before you collect witness statemnts and such, you need to know what the grounds are, what they have cited as the Ec's......

then take it from there........each witness statement is in some parts specific to the defence and grounds used......

Once oyu submit the court paperwork, they will acknowledge it, and get a further 14 days, they will then submit a defence.... once you get that, we can work on the key areas and counter arguements for you to use....

if you have'nt already dl the Wallentin report, can I suggest you do, and read it, over and over and over, this really is the key.......I was given that advice and took it and am sure it is part of the reason why I won....

Their arguments were as the judge said " very weak":beer::beer:

thanks for the advice LBD, we did exchange some PM's on 14 July which had details of my EC etc.