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

David_e

Rose198 wrote: »

We are going to try the CAA one more time before going through a flight claims company.

I don't think there is any evidence that the CAA are making any significant contribution to resolving compensation disputes. There are cases reported on here of airlines refusing to pay out even when the CAA have supported a passenger's claim. The airlines will exchange correspondence with you all day long (well, not true, some just say "case closed"). I suggest that you proceed with legal action.

I have no direct expereince but have a look at who won the Huzar case for the claimant ....

socrates1882

Issuma wrote: »

I've just had exactly the same reply from Monarch after the CAA referred it back to them, I had decided that if this happened I was going to go down the NWNF route probabaly with Bott & Co however I have been advised that before they will look at your claim you have to use their online tool which advises whether this is worth pursuing or not and in the case of flight MON1874 is says we are not entilitled to claim ??

I can only assume that we are at the end of the road apart from taking Monarch to court ourselves !!!!

Anyone else out there trying to claim for this flight as well ???

Hi Issuma

My name is Kevin and I work for Bott&Co in the Aviation Department.

I've just tried your flight on our calculator and it shows that there aren't any extraordinary circumstances. Our data is showing a 22 hour delay - assuming I have the correct details (flight ZB1875 27/7/13).

Mark2spark

kimblemimble wrote: »

Any help very gratefully received!!

There were 6 passengers in our party on Monarch flight ZB239 3-11-09 Arrecife to London Gatwick which was delayed 3 hrs 27 mins. We have submitted our claims and have now heard back from Monarch that we are entitled to compensation and we will be receiving a cheque each in the next 21 days.

However, we put the claims in for 400 Euros each following the advice given on this website. Monarch have only agreed to pay out 200 Euros each (£167.13) as our delay was between 180 and 240 minutes. Is this in line with the guidelines? Are Monarch just trying to avoid paying the full whack or should we just accept what they are offering and be happy we have at least received something?!!!!

Just wondering if anyone else has gone through similar circumstances? Any advice would be great.

Thanks

Kim

Include with the reply that Centipede suggests, a print off from the CAA website that shows that there's no justification for the 50% reduction in the amount due to you under the EU261 regulation.

NorthumberlandLady

socrates1882 wrote: »

Hi Issuma

My name is Kevin and I work for Bott&Co in the Aviation Department.

I've just tried your flight on our calculator and it shows that the flight is claimable. Our data is showing a 22 hour delay - assuming I have the correct details (flight ZB1875 27/7/13).

If you have any questions on this feel free to give us a call and ask to speak to me.

Kevin,
Can you tell us why your company is so reticent to support claims for flights which don't show up on your 'calculator' even after the flight companies themselves confirm flights are delayed and a valid claim could be made please?

socrates1882

NorthumberlandLady wrote: »

Kevin,
Can you tell us why your company is so reticent to support claims for flights which don't show up on your 'calculator' even after the flight companies themselves confirm flights are delayed and a valid claim could be made please?

A lot of our process has to be automated because of the amount of people affected. Like any automated system there are always occasional problems.

If you have documents which confirm the lengthy of delay we are happy to reconsider our data, particularly on older flights.

doz123

Can anyone tell me if I go through a NWNF firm, do I have to pay the court fees. thanks

David_e

doz123 wrote: »

Can anyone tell me if I go through a NWNF firm, do I have to pay the court fees. thanks

I'm not sure if there is a general rule, but I would have thought probably yes. You would need to check the terms and conditions.

Obviously court fees should be recovered when you win!

111KAB

doz123 wrote: »

Can anyone tell me if I go through a NWNF firm, do I have to pay the court fees. thanks

Depends upon the NWNF - if you go with a regular poster on these pages then they pay and recoup from airline if they win .... if they lose they take the hit.

glentoran99

Is it just me or have monarch dropped themselves in it here basically the say the fault was during normal operation, yet the law says that it's only where faults are not in the normal
Operation?

Have a nwnf firm on the case anyway but found this interesting

Thank you for your further correspondence.

We do understand your disappointment by the outcome of your claim. We can assure you that your claim was thoroughly investigated in line with the applicable legalisation. However, as the European Commission’s (EC) have now issued guidelines regarding extraordinary circumstances we have reviewed your claim again in line with these.

For your reference the fault which occurred was not caused by a failure to maintain the aircraft. The component which failed is considered ‘on condition’ which refers to parts which should not require unscheduled maintenance or replacement during normal operational service. When parts such as this fail during normal operation when maintained in accordance with the relevant maintenance programme this is an unpredictable event.

In direct reference to the recently released EC guidelines regarding extraordinary circumstances you will note that failure of on-condition monitored parts when they have been correctly maintained in addition to any technical defect which becomes apparent immediately prior to departure or in-flight which require investigation and/or repair before the aircraft is airworthy for the intended flight are considered an extraordinary circumstance.

Following this review we are satisfied that our initial assessment of your claim was correct and delay compensation will not be paid.

For your information please find attached the link for the EC guidelines we have referred to.

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

glentoran99

They are even sending a link saying its Eu guidelines when it actually says in the document that they aren't endorsed by the EU