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

JPears

SimonLugs wrote: »

Hi everyone,

RE MON313 Cardiff to Sanford delay over 8 hours.

I sent a mail to the CAA regarding my claim and had this response:

Dear Passenger,

We are writing to update you on your claim for compensation for a disrupted flight.

Please accept our apologies if you have received this email previously. A number of passengers may not have received our earlier update and this email reconfirms the current status of your claim.

As you may be aware, compensation for disrupted flights is subject to whether the reason for the disruption was beyond the airline’s control, known as ‘extraordinary circumstances’ and whether the airline undertook reasonable measures to avoid the consequences of the disruption.

The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to help understand what ‘extraordinary circumstances’ are in relation to flight disruptions, in light of Regulation EC 261/2004 and European case law. The results of that work have been published on the European Commission’s website:

http://ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

You can read more about the CAA’s role for resolving disputes about disrupted flights here: www.caa.co.uk/extraordinarycircumstances
We have asked airlines to reassess complaints that have been received by the CAA in light of this new guidance. We have now sent your complaint back to the airline for their reassessment and they will respond to you directly within the next eight weeks.

We have closed your complaint and are unable to enter into further correspondence on this issue as your complaint is with the airline for a reassessment.

Please note that at this stage, we have not made an assessment as to whether compensation may be due on your specific claim under the Regulation.

Yours faithfully,


Tina Dunkin
Consumer Affairs Manager
Regulatory Policy Group
Civil Aviation Authority
CAA House, 45-59 Kingsway, London WC2B 6TE
Telephone: 020 7453 6888
www.caa.co.uk



Is this good news?

Only in the sense that CAA have washed their hands of the affair and quoted their irrelevant NEB "guidelines".
Now send NBA to airline and then start legal action.

friendofbillw2

statictom wrote: »

http://www.thelawyer.com/in-house/budget-airline-monarch-delays-unveiling-new-panel/3011322.article.

Can`t think for one minute why they would need a new panel - could it be there current legal team are not up to the job.

Morgan will claim any delay in getting a new panel was 'extraordinary circumstances'.

But I reckon somebody high up will go bonkers when they see the size of this year's barristers' bill. Especially as there is no prospect of next year's being any lower if their entrenchment continues.

leckl

Is this worth challenging as to me it was preventable and technical ? Thank you

As previously advised, in some circumstances
passengers may be entitled
to compensation for delay arising from such
disruption under European
Union laws. However, any monetary payments
are subject to certain
criteria being satisfied. Under these laws where
the disruption is
caused by an 'extraordinary circumstance' which the
airline was
reasonably unable to prevent, the carrier is not obliged to
pay
compensation. Extraordinary circumstances have been defined by the

courts and the European Regulations themselves provide a non-exhaustive

list of which circumstances can indeed be categorised as
extraordinary.



Our records show that the aircraft scheduled to
operate your flight was
grounded in Manchester for safety reasons.
During the aircrafts pre
flight safety checks a split was identified on
the ducting around
Auxiliary Power Unit. Engineers advised that the
time needed to correct
the fault would cause the aircraft to remain out
of service for a
considerable amount of time. Therefore in order to
minimise the
disruption to your flight our operations team arranged for
a rescue
aircraft from within the fleet to operate your flight. The
rescue
aircraft was positioned in Gatwick at the time and therefore had
to be
flown to Manchester first in order to operate your flight.
Despite our
best efforts these events led to an unavoidable delay to
the departure
of your flight.



Having considered the factual
background of this case in accordance with
the published guidelines, we
are satisfied that the disruption was
caused by an extraordinary
circumstance that could not have reasonably
been prevented by Monarch
Airlines. We are, therefore, unable to accept
your claim for
compensation for the reasons given.

111KAB

leckl - a technical problem with a plane can be likened to a car in that they break down which is not extraordinary - quite ordinary really. Follow the FAQ's on page one of this thread which will probably require you (or a NWNF) take Monarch to court. Also some useful posts on this page > https://www.facebook.com/MonarchComplaints

SimonLugs

JPears wrote: »

Only in the sense that CAA have washed their hands of the affair and quoted their irrelevant NEB "guidelines".
Now send NBA to airline and then start legal action.

Shall i wait the 8 weeks they stated first?
I sent my info off to one of those companies that specialise but they said not taking it on so its making me wary about doing it myself.

111KAB

SimonLugs wrote: »

I sent my info off to one of those companies that specialise but they said not taking it on so its making me wary about doing it myself.

Why would the Company you sent the information to not take the case on (who was it?) as this may have a distinct bearing on any advise?

SimonLugs

111KAB wrote: »

Why would the Company you sent the information to not take the case on (who was it?) as this may have a distinct bearing on any advise?

It says FlightMole on my email sender but Aviation Loss Consultants Limited at bottom of mails. They had all my info, documents etc then got me to sign papers for them to take it on. Then it went quiet so i chased it up and had this reply:

Dear Simon,

Having reviewed these presented claims further ALC will not be taking further action in relation to these claims. Therefore, please regard these claims as remaining vested and unencumbered in the hands of the passengers.

You have previously advanced a claim against the carrier and have received a refusal to the claim you submitted. You have the ability to present a complaint for investigation to the responsible NEB ( National Enforcement Body)-in this case the UK Civil Aviation Authority. A prior refusal to such a claim is a necessary precursor to the NEB agreeing to make such investigation. It is entirely possible that the CAA may already have been investigating the circumstances surrounding this particular flight delay.


Please realise that a claim may become time barred after 6 years in a English and Welsh court -although certain airlines might maintain that a lesser time bar inhibition may operate-such as 2 years from the anniversary of the delay.

Thank you for allowing the opportunity to ALC to provide this review

Kind regards,


[FONT=Arial, sans-serif]
Hugh

Hugh Stewart

Director
Aviation Loss Consultants Limited[/FONT]

SimonLugs

111KAB wrote: »

Why would the Company you sent the information to not take the case on (who was it?) as this may have a distinct bearing on any advise?

This was the original mail off Monarch:

Re: Flight MON313 Cardiff to Sanford on 18th September 2008

Further to your claim for delay compensation, we are writing to advise of our conclusion.

Providing our passengers with a safe and efficient service is our first priority. We would like to reassure you that every reasonable effort is made to ensure that Monarch Airlines flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

As previously advised, in some circumstances passengers may be entitled to compensation for such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

Our records show that the aircraft scheduled to operate your flight suffered an engine fault and required rectification work in order to be safe to fly. Despite Monarch’s best efforts, a delay was caused to your flight.
In order to reduce the length of the delay, passengers on your flight were transferred to the first available aircraft from within the Monarch fleet, and departed at the earliest opportunity once it had completed the previous flights it had been scheduled to operate.

Having considered the factual background of this incident, we are satisfied that the disruption in your case was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

Please do not hesitate to contact us if we can provide any further assistance or information.


Yours sincerely,

EU Claims Team
Monarch Airlines


Really dont know what supposed to do now - wait to see if Monarch get back to us or do court proceedings (but very nervous of that as big company wouldnt take them on!)

111KAB

SimonLugs - FlightMole are probably not the best firm to (try and) run with at the moment. If you want to go no win no fee try Bott & Co in Wilmslow to see if they will take on ~ they seem to be the most popular at the moment. You appear to have a valid claim but your choice if you front yourself or forfeit around 25% to a NWNF firm. Also may be worth looking at https://www.facebook.com/MonarchComplaints
to see if anyone on same flight.

111KAB

SimonLugs also have a look at this post

http://www.scribd.com/doc/181949416/Rebuttal-to-Monarch-letter

This link was taken from the Monarch Complaints fb page.