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

diggerb

yes correct,
Trying to get right with the terminology,and !!!! up the basics,the poor judge wont know whats hit him !:beer:

badenoch

Hi

Looking for any help with my claim.
Was delayed for 24 hours last sept/oct on a Monarch flight from Edinburgh to Paphos due to a faulty plane.
Claimed against Monarch and they made me fill in forms after I sent the standard letter and sent them all docs. After a month all I got was an email telling me that the claim should be against Thomsons whose holiday we were on. They have not replied to any follow up e mails.
Two weeks ago I sent the claim letter and an explanationn of events to Thomson but have heard nothing so far.

Anybody any helpful advice?
Thanks

MissingThePoint

]

This is my first post on MoneySavingExpert Forum so please excuse me if I am doing something incorrectly. I have been following this specific forum with interest. I am one of many where Monarch have denied my claim and whilst I know I should take them to court I really do not fell comfortable taking this action. I have kept my case open with Monarch, but so far have not persued it any further. What prompted me to write on this forum was recent postings from Martin85 and Wishful Thinker, about taking action is the European Small Claims court which appears not to involve going to court yourself. So far no one has answered whether this is viable course of action and if anyone else has taken this course which seems to be recommended by the European commission. They are some very knowledgeable people contributing to this forum an if any of them could look at this issue and give their opinion it would be most helpful to both me and others in the same situation. Thank you

CobyBenson

You can only use the European Small Claims Procedure ("ESCP") if one of the parties is based outside of the jurisdiction.

Monarch is obviously based in the UK and I assume you are too, in which case you're stuck with the 'normal' small claims procedure.

A word of warning about the ESCP, unlike our domestic small claims procedure, an airline is entitled to recover their legal costs from a claimant if they successfully defend a claim.

In that sense the normal small claims route is perhaps the 'safer' option.

Vauban

MTP: Perhaps a NWNF route is better for you, if you really can't stomach the prospect of representing yourself in court?

jimcbob

Mark2spark wrote: »

Don't suppose there's a link to that LBD is there?
I mean court 'new rules' about being more strict about documentation being submitted on time, not 'new rules' from the NEB's regarding EC's.

I think he probably means the amendments to CPR r. 1.1 (overriding objective) and CPR r. 3.9, which have required the court to focus on "enforcing compliance with rules, practice directions and orders" throughout case management.

maldav

Issuma wrote: »

Yes thats correct the flight should have departed from Manchester on Saturday 27th July, just another question I apprecaite it will cost to take them to court which I'm fine with but what happens if the ruling goes in Monarchs favour is there a risk that we could be liable for their costs ??

Issuma, We were also delayed on the Man - Mytylene flight and I have had the same knock back.

I have a few thoughts on their rejection.

First the flight wasn't delayed immediately prior to this flight, it was delayed in Skiathos, so does this mean they cant claim extraordinary circumstances.

Secondly, it's well documented here the wrong parts were flown to Skiathos which is negligence or incompetence and was avoidable.

Thirdly, this is backed up by our friends flying from Gatwick that same morning. Their flight was diverted to Skiathos to deliver parts, whether they were the correct ones or the wrong ones, I don't know. They must have been there around 11- 12 am local time.

From what I gather, these planes must be really on their last legs, as it seems there are delays weekly. Our plane had been delayed at least twice over the previous few weeks. These planes should be taken out of the air and replaced. Monarch cant keep fobbing us off much longer.

Its probably going to be a no win no fee company for me.

WPC123

Monarch case where extraordinary circumstances not accepted now on facebook #

https://www.facebook.com/MonarchComplaints

Steviek_2

I made two claims against Monarch, the first for a delay going out Manchester to Tenerife and one for the return journey. They paid out straightaway for the outbound flight but have denied on the return as the say the special circumstances defence applies. I have done some digging and found out that the reason for the delay is because they decided to put a flight on to accommodate the Spanish spectators attending the semi final of a football match being played in Bulgaria. Due to the sheer numbers of flights departing at the same time there was a delay in departure. This had a knock on effect so the plane arrived late for our slot. In my HO this does not imply special circumstances because Monarch were trying to make a quick buck but what does everyone else think before I launch into proceedings?

Mark2spark

Steviek, whilst it's a natural reaction to seek other's opinions, the correct course of action for you is to read the EU261 Regulation, as linked in the FAQ's, and decide for yourself whether the circumstances claimed by Monarch are *extraordinary*, as described in the said Regulation.
Only then will you have begun the process of taking on the required knowledge that you'll need when you go to court.

For what it's worth, Monarch didn't provide a plane for you to depart on, within 3 hours of the scheduled time. In the absence of war, ATC strike/instructions, ash clouds, snow/ice, terrorist attack, as extraordinary reasons for them not to have provided the plane, then I don't see that they have a leg to stand on.