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

romanby1

tc5712 wrote: »

Still waiting for them to reply after I rejected their claim of extraordinary circumstances quoting Wallentin-Hermann v Alitalia 3 weeks ago.

The person that has given me this information will let me have a copy of their email, as I will them.

Well done. All grist to the mill. Best wishes.
For evidence to be admitted in court it will have to be signed and have a paragraph stating it is a true and accurate statement. (The correct wording is on the court forms)

klint

Re: Monarch Cought Out? by tc5712 (post # 2777)

Make sure that Monarch are talking about the correct flights on the correct dates. When they first replied to me they told me about a totally different flight. I think they get mixed up very easily because they get so many hundreds of claims to deal with.

golfovividor

I suffered a 5h delay last year in a flight from Gatwick to Alicante, as I explained in post #378 on this same thread (the forum doesn't let me post links :mad: )

After the usual EC response from Monarch, I sent a NBA letter they completely ignored, so I started the MCOL process. Initially they replied saying they were going to defend the case, but after 28 days, instead of sending their defence, they sent a full admission letter. I entered judgement in the MCOL website a couple of weeks ago, and today I got a cheque in the post for the money owed

Thanks everyone for your help, I couldn't have done it without all the info in this thread!

klint

Just thinking about how to answer all of Monarch's points. Wallentin says that for a technical fault to be an extraordinary circumstance it must satisfy both of the following conditions:

1. not inherent in the normal exercise of the carrier's activity; and
2. beyond the actual control of the carrier

Now in my case, the fault was quite clearly inherent in the airline's activities. But they are saying:

klint wrote: »

The Defendant submits the fault with the left rudder and the resulting delay were unpredictable and in fact beyond its control.

How would you argue that it was in fact under its control even though it was unpredictable?

Mark2spark

Just quote from the EU261 Reg Klint, basically the bit that says events beyond the control of the airline are to include war and political instability, terrorism, meteorological conditions to the flight concerned etc etc and that none of the above listed EC's *caused* the failure of the left rudder therefore control of the event falls internally upon the airline (ie not externally) ( I mean an external event)

Sorry, being a dunce with my wording tonight

friendofbillw2

klint, would you be asking these questions if you knew Monarch were reading the answers?

Because believe me old fruit, they certainly will be.

I'll send you a PM.

The_Wingco

bazaar wrote: »

I appreciate that all of this information may not be needed but in light of the fact that people are not getting to see Monarch's defence at due date and that they are handed sometimes at the 11th hour would it be worthwhile?
YES, Thats what the CPR are there for, you use them to ask the pertinent questions before they try their silly games of late filing.. Take a look at CPR31. if youve got a court date and CPR 18

Er . . . forgive my ignorance of acronyms, but to what does CPR refer:question:

Mark2spark

The_Wingco wrote: »

Er . . . forgive my ignorance of acronyms, but to what does CPR refer:question:

I just googled CPR31 (even though I knew the answer ) and this was the top answer of the results


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

klint

friendofbillw2 wrote: »

klint, would you be asking these questions if you knew Monarch were reading the answers?

Because believe me old fruit, they certainly will be.

I'll send you a PM.

Thanks for your PM, and also to a couple of PMs from others. All very helpful. I am now feeling much more confident than ever. Monarch don't stand a chance.

I've replied to your PM, fobw2, and will reply to the others tomorrow.

friendofbillw2

klint wrote: »

Monarch don't stand a chance.

Question is, do they feel lucky?

(Sorry "klint", couldn't resist...)

I'll get me coat.