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

klint

I've just received a letter from my local court. Monarch are asking for the hearing to be held at Luton, where their witnesses are based, and my local court asked me if I would agree to the transfer.

This would be inconvenient for me, but I don't want to appear unreasonable and uncooperative. Is there a nice way to say that it should be kept at my local court? I looked at CPR rules 26.2, 30.2 and 30.3 and these are best summarised by the following paragraph on the Citizens Advice Bureau's website:

"A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer."

There seems to be a widely held belief among posters on this thread that, in cases between a company and an individual, hearings are supposed to be held at the individual's local court. I couldn't find any such statement in the CPR rules, other than that relating to automatic transfer, which this is not. Can anyone help?

Vauban

klint wrote: »

I've just received a letter from my local court. Monarch are asking for the hearing to be held at Luton, where their witnesses are based, and my local court asked me if I would agree to the transfer.

This would be inconvenient for me, but I don't want to appear unreasonable and uncooperative. Is there a nice way to say that it should be kept at my local court? I looked at CPR rules 26.2, 30.2 and 30.3 and these are best summarised by the following paragraph on the Citizens Advice Bureau's website:

"A case can be started in any county court but it may be transferred to the defendant’s local court. If the case is defended and the claim is for a fixed amount of money, the case will be transferred automatically by the court to the defendant’s local court (if the defendant is an individual not a company). In other cases the defendant can request its transfer."

There seems to be a widely held belief among posters on this thread that, in cases between a company and an individual, hearings are supposed to be held at the individual's local court. I couldn't find any such statement in the CPR rules, other than that relating to automatic transfer, which this is not. Can anyone help?

Klint: that is certainly the convention. I live in Winchester, and have had both my hearings there. Monarch initially did not plan to bring their witnesses, but were instructed to by the judge. So two attended.

As an individual complainant, I think it is reasonable for you to have access to your local court. As a corporation, Monarch has infinitely more resource.

I'll send you a PM on a related issue.

111KAB

Klint - Statictom went through the same hassle - PM him or he posts on the Monarch Complaints FB page where the procedure for court change resulted in a specific form being mentioned somewhere (!) -


https://www.facebook.com/MonarchComplaints

holbrookpark

I am new at this, apologies if the question is answered elsewhere, if it is can someone direct me please - thanks. Monarch flight 1472 delayed, technical problem 6 Sept 2011. Monarch refused compensation, went to CAA, they referred it back to Monarch February 2013 for reconsideration. I followed up with an email to Monarch 21 Feb 2013,automatic response 26 March. Sent another email to hasten them September 2013, another automatic response. What can I do now please? Thank you for any advice. holbrookpark

111KAB

holbrookpark wrote: »

What can I do now please? Thank you for any advice.

Please read Monarch thread in particular Page one FAQ's then post if your questions have not been answered (they have actually) and you will also get help here > https://www.facebook.com/MonarchComplaints

Den_ram

hi!!
I have been writing letters to monarch for a 24 hour delay and they keep stating ec's. However I have found out on here that someone else on the flight went through the caa and in the end up was compensated for. Does this mean they have admitted fault and opens up the doors for everyone else on that flight making a claim?!
Wondering if it's worth sending them another letter?
Thanks in advance folks!!!

Den_ram

hi!!
I have been writing letters to monarch for a 24 hour delay and they keep stating ec's. However I have found out on here that someone else on the flight went through the caa and in the end up was compensated for. Does this mean they have admitted fault and opens up the doors for everyone else on that flight making a claim?!
Wondering if it's worth sending them another letter?
Thanks in advance folks!!!

Vauban

Den_ram wrote: »

hi!!
I have been writing letters to monarch for a 24 hour delay and they keep stating ec's. However I have found out on here that someone else on the flight went through the caa and in the end up was compensated for. Does this mean they have admitted fault and opens up the doors for everyone else on that flight making a claim?!
Wondering if it's worth sending them another letter?
Thanks in advance folks!!!

In theory, you would think so. But read the post just four posts above yours.

Purplepenguin

I put a claim in with Monarch for the 6 hour delay we suffered on Flight 5764 to Sharm el Sheikh in July 2009. Monarch refused compensation on the grounds of extraordinary circumstances. I then asked the CAA to review the claim who have not contacted me but Monarch did come back on 3 January 2014 saying it they had been asked by the CAA to investigated in more detail & the cause - hydraulic leak, replaced split pipe. I have asked Monarch in what extaordinary circumstances do they pay out!! I am awaiting their reply.

Ginger_lime

Take them to small claims.It is easier than you think.