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

Mark2spark

Deleted as it double posted.

richjp

Success!

Mon 4279 from Sharm to Gatwick, 10th Jan 2010. Delay caused due to knock-on effect from earlier Grenoble to Gatwick flight. Crew overworked their hours as a result, by the time the plane arrived in Sharm El Shiekh.

Originally wrote to them (several times) in 2010 with no joy. Tried again earlier this year to several refusals and submitted MCOL in mid-July.

Quoted Point 37 Lassoy vs. Finnair, 2012, which confirms that 'extraordinary circumstances' should only apply on the affected flight and would not cover any knock-on effect : http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CJ0022:EN:HTML

Applied for Judgement by default after Monarch did not dispute and Monarch paid out the full claim a couple of days after the 30 day deadline (with interest and costs).

OmniJames

Success!!

Last summer we were delayed on a Monarch flight ZB274, from Gatwick to Barcelona (on the initial post of this thread). Having written to Monarch, they refused compensation, so I wrote to CAA.

Despite taking 6 months to reply, they told Monarch they had to pay, and this week me and my girlfriend got our cheques .

So for everyone saying the CAA can't do anything - they did in our case.

James

Tomkat

My issue now is that both FlightMole and BOT (No win no fee) are not willing to take my case as I have no proof of:
1. Booking the Flights (Myself, Wife, Son and daughter)
2. Proof of taking the flights

My fear is that if I pursue this myself Monarch legal will just play on this.
Is correspondence from them explaining the delay and denying compensation etc. enough o mean they accept we booked and took the flights?
I sent a recorded delivery 'subject access request' to the company secretary on 17th September and yet to get a response (No real surprise there then)
Any suggestions?

433Barbara

Tomkat wrote: »

My issue now is that both FlightMole and BOT (No win no fee) are not willing to take my case as I have no proof of:
1. Booking the Flights (Myself, Wife, Son and daughter)
2. Proof of taking the flights

My fear is that if I pursue this myself Monarch legal will just play on this.
Is correspondence from them explaining the delay and denying compensation etc. enough o mean they accept we booked and took the flights?
I sent a recorded delivery 'subject access request' to the company secretary on 17th September and yet to get a response (No real surprise there then)
Any suggestions?

Options to prove you were on the flight (although I think I've read that Monarch have to prove you WEREN'T on the flight) are:

1. Did you book your car in a park & ride/longstay whilst away
2. Past c/card or bank statements for proof of purchases at airport or destination.
3. provide proof of stay/hotel/villa etc at destination
4. proof of travel insurance (sometime with Med history you have to declare dates of travel)
5. Don't you have to pay for a £10 visa whilst at Dalaman. If so, you would have a stamp in your passport

Just some ideas

JPears

Tomkat wrote: »

My issue now is that both FlightMole and BOT (No win no fee) are not willing to take my case as I have no proof of:
1. Booking the Flights (Myself, Wife, Son and daughter)
2. Proof of taking the flights

My fear is that if I pursue this myself Monarch legal will just play on this.
Is correspondence from them explaining the delay and denying compensation etc. enough o mean they accept we booked and took the flights?
I sent a recorded delivery 'subject access request' to the company secretary on 17th September and yet to get a response (No real surprise there then)
Any suggestions?

They have 40 days IIRC, to reply to SAR, so hang on

LBD

MontyWomble wrote: »

Hi all,

Just wanted to update that we have received payment for MON5028 Manchester to Zakynthos 31/05/12. This was settled out of court (1 day before!) and Monarch hadn't submitted any papers anyway (so doubt they were going to turn up).......They did not submit anythign for mine, but did turn up....

As part of the agreement details of the settlement are to remain confidential... but we were very happy with the outcome which says enough.......lol did you actually sign a legal agreement to that effect?:A

I would like to thank those that have provided advice and encouragement on here as I seriously debated giving up several times! Also a special thank you to Lord Vauban.

For everyone who is still in this painfull process DO NOT GIVE UP!!!

I will stop now as this seems to be turning into an Oscars thank you!

:beer::beer:

LBD

for the benefit of some of the recent posters, all the information you require is in here, it is a case of read, read and read again and as Vauban said, rely on St Wallinten....




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]

Mark2spark

433Barbara wrote: »

Options to prove you were on the flight (although I think I've read that Monarch have to prove you WEREN'T on the flight) are:

1. Did you book your car in a park & ride/longstay whilst away
2. Past c/card or bank statements for proof of purchases at airport or destination.
3. provide proof of stay/hotel/villa etc at destination
4. proof of travel insurance (sometime with Med history you have to declare dates of travel)
5. Don't you have to pay for a £10 visa whilst at Dalaman. If so, you would have a stamp in your passport

Just some ideas

Perhaps add mobile phone records to this excellent list.

friendofbillw2

433Barbara wrote: »

(although I think I've read that Monarch have to prove you WEREN'T on the flight)

You may have read it, but it's not true. The defendant doesn't have to prove anything, the emphasis is all on the claimant.

To clarify, it is up to the claimant to prove 'on the balance of probabilities' that they WERE on the flight. The defendant cannot prove you weren't - it is impossible to prove a negative, hence the expression 'proof positive'.

A DPA SAR of the Passenger Name Record for the flight in question will do nicely in that regard though.