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

diggerb

Vauban wrote: »

Not sure I understand. Monarch don't pay for your legal costs (bar the court application fees) even if they lose. The expense for them comes with employing a barrister - but to be honest I'd be very surprised it they contested subsequent claims for this flight, if you have a copy of the judgement in your case.

Mind, I don't under-estimate Monarch's ability to behave unreasonably and against their own interests ...

Did not realise this thanks for the info.
As for acting against their own interests they do seem to have a talent for it !

DTDfanBoy

diggerb wrote: »

Did not realise this thanks for the info.
As for acting against their own interests they do seem to have a talent for it !

A judge does have the ability to award costs on the small claim track if they consider the behaviour of one of the parties to be unreasonable.

CPR 27.14 (2) (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;

If Monarch are foolish enough to insist you take legal action yet again, on a matter which has already been decided by the courts, and presumably accepted by Monarch as they haven't appealed the decision :cool:, I can't see a Judge viewing their actions favourably

Make sure you make it abundantly clear in any correspondence with Monarch that a Judge has already found that compensation for that flight was payable.

If Monarch use an identical defence I'm sure than any Judge will be most unamused to have an identical case presented to them, it wouldn't surprise me in the least if they awarded you costs simply to dissuade the airlines from wasting the Courts time in future :T

I'm not sure if you can make a Part 36 offer to settle on the small claims track, but if you can and Monarch refuse it, it can only assist you in regards to costs being awarded for unreasonable behaviour.

diggerb

thanks, still hoping they see sense !

BassBunny

ZB677 13 July 2011 19:50 Alicante - Manchester.
After Monarch ignored all my letters, I decided to use a claims firm for both my claims against them.
They agreed to pay on this flight as soon as the claims company contacted them. Have now received my payment, so this flight can go on the success list.
The 2nd one is going to court and will update as soon as I hear more.

glentoran99

SimonLugs wrote: »

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]

flightmole seems to be a total waste of time, after having my claim for 6 months they did nothing other that write to the airline, which i had already done, they seem to have no interest in taking cases any further if the airline refuses, which kinda defeats the purpose of employing a claims company.

I went elsewhere and they are going the whole way

SimonLugs

I have rung the company recommended above but they cant take the case on as its in 2008 and they dont have records etc to produce evidence that far back.

So what do i do now? Can someone advise please but in laymans terms not just "start court proceedings" as i have not got the slightest clue what to do. Also would the company not being able to gain the info also hamper me in court?

Many thanks in advance.

Vauban

Well if court is too difficult and you can't persuade a NWNF solicitor to take on your case, there's not a lot else you can do is there?

klint

Have you mentioned your flight details on the Monarch Complaints page on Facebook? Someone there may have been on the same flight and be able to share details.

SimonLugs

Vauban wrote: »

Well if court is too difficult and you can't persuade a NWNF solicitor to take on your case, there's not a lot else you can do is there?

I don't mind going to court but not got a clue what to do.

SimonLugs

klint wrote: »

Have you mentioned your flight details on the Monarch Complaints page on Facebook? Someone there may have been on the same flight and be able to share details.

No I will do that later today. Thank for that as forgot over the weekend cos too much :beer: