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

Vauban

klint wrote: »

Also I recognise the exact sentences in their letter. This is a copy & paste job. "Thoroughly investigated" my foot.

Yes. "Thoroughly investigated" as in "CTRL x, CTRL v";)

Mark2spark

Dear Monarch,
I am in receipt of your reply dated xx/xx.
You are quoting preliminary, and non binding, guidelines, not from the EC, but from an earlier meeting this year of some of the European NEB's.
The guidelines you quote are not the law.
There have been several cases in the European Courts which determine that the failure of the part you mention, although unpredictable, is inherent in the day to day running of an airline business, and is therefore not *extraordinary*, within the meaning of the wording in the Regulation EU261/2004.
Therefore the monies claimed remain due.
Should you now not settle within 21 days of the date of this letter, I put you on notice that I will be at liberty to commence court action to claim this payment, without giving you further notice.
Yours,


And then MCOL I'm afraid.

greylib

15th October 2012 - ZB978 Birmingham to Malaga

111KAB wrote: »

Best wishes for a successful outcome. If you do proceed via the Court route please PM me as I probably have transcripts etc which may assist.

I've taken you up on that offer, 111KAB.

The 14 days was up yesterday. I gave them an extra day to be kind, but (as expected) no response of any kind, so I've gone the Money Claim Online route. The papers say that they have to respond to the court within 14 days of "date of service." I presume they'll get the claim this week, which means that they should respond by 11th October. From what others have said, they'll ignore that date, and the court might or might not let them get away with it. I'll contact the court a little before that, to find out what's happening.

As Vauban says above, there's only room for the bare bones of the claim on the form. It didn't take long at all - though a little longer than the 20 minutes that the homepage says.

jen66han

ZB564 Manchester to Tenerife South on 11/9/2012, due to fly at 07.55am and didn't actually fly until after 23.30. (15 hours delay). Was just wondering if anyone was fighting for compensation on the same flight same flight as my claim has just been refused by Monarch on the grounds of the delay being due to 'extraordinary circumstances'. It's a year ago now and I am struggling to recall the series of events that occurred throughout the day, which led to our flight being delayed further and further. I don't want to leave this as i feel we deserve the compensation. We were holidaying for our 25th wedding anniversary gift to each other for 7 days in Tenerife, which turned into 6 days in Tenerife and 1 day in Manchester airport.
Regards jen66han

jen66han

Any help would be much appreciated and I have never really written on one of these forums before, so please forgive me if I havnt done this quite right. I normally just read through them for tips.
Regards jen66han

111KAB

jen66han wrote: »

ZB564 Manchester to Tenerife South on 11/9/2012, due to fly at 07.55am and didn't actually fly until after 23.30. (15 hours delay). Was just wondering if anyone was fighting for compensation on the same flight same flight as my claim has just been refused by Monarch on the grounds of the delay being due to 'extraordinary circumstances'. It's a year ago now and I am struggling to recall the series of events that occurred throughout the day, which led to our flight being delayed further and further. I don't want to leave this as i feel we deserve the compensation. We were holidaying for our 25th wedding anniversary gift to each other for 7 days in Tenerife, which turned into 6 days in Tenerife and 1 day in Manchester airport.
Regards jen66han

Every chance you are due compensation but Monarch are not honourable in paying up. You will therefore need to thoroughly read through this entire thread and decide if you want to take them on yourself or use a no win no fee firm but either way don't let them get away with it.

Vauban

For those folk affected by Monarch's arbitrary reduction of compensation by 50% for all flights delayed between 3-4 hours (not just those over 3500km), you will be interested to know that the CAA have today published definitive guidance on their website:

50% reduction to compensation between 3-4 hours

This reduction applies only to flights to/from destinations outside Europe and where the flight is greater than 3,500km in length. Compensation for flights of less than 3,500km, or intra-community (within Europe) flights of any distance cannot be reduced by 50% if the delay is between 3 and 4 hours on arrival.

You can find it here: http://www.caa.co.uk/default.aspx?pageid=12745&q

Monarch may still resist, but this ought to be compelling to any court.

klint

greylib wrote: »

The papers say that they have to respond to the court within 14 days of "date of service." I presume they'll get the claim this week, which means that they should respond by 11th October. From what others have said, they'll ignore that date, and the court might or might not let them get away with it.

There is some guidance in the form of a PDF file you can download from HM Courts' website. After the 14 days have passed, you can apply for default judgement. You will then be granted the default judgement if the defendant has not replied to the claim. If they do reply, indicating that they intend to defend the claim, then they will be given priority if their reply is received on the same day or before your default judgement application - even if they have exceeded the 14 day deadline.

Therefore, if you want to maximize your chances of success, you should apply for default judgement as soon as possible after 14 days - before they get a chance to reply to your claim. However, you will get more personal satisfaction by giving the defendant a chance to speak in court and winning the case on its merit rather than due to a procedural impropriety.

klint

111KAB wrote: »

Every chance you are due compensation but Monarch are not honourable in paying up. You will therefore need to thoroughly read through this entire thread and decide if you want to take them on yourself or use a no win no fee firm but either way don't let them get away with it.

This thread now has more than 3100 posts. It certainly shows the amount of dissatisfaction with Monarch's legal team. However, it also means that it is unrealistic to expect a newbie to read the entire thread.

I think reading the first 300 posts and the last 200 will be sufficient.

ginster_67

Flight ZB 684 MAN -SHARM on 29-06-13 was due out at 1355 actual departed 1945 has any one oris anyone else made a claim for this flight?