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

staceben1

no offense taken, could you point me in the right direction as of where to get the template please?

Caz3121

Page 1 of this thread - the FAQs, there are a lot of links in there, so grab a coffee and expect to spend a good hour or more reading

staceben1

i have sent an nba and they are still saying it was extraordinary circumstances so court proceedings it is.

tripletrouble

I have been pursuing a claim against Monarch for the last couple of years and I have waited patiently, exchanged correspondence and kept an eye on any relevant cases, most notably Huzar v Jet2.com in October 2013. I have finally submitted my claim against Monarch through the County Court and I have just received the robust defence statement from their paralegal by the name of Callum Blumire. Monarch are sticking to their line that my delay was due to "extraordinary circumstances" and only now are they telling me what they are inspite of me asking them for those details prior to action. I am not an engineer and have no idea how a Boeing 737 is built but I can see that the part that fell off our plane that led to the delay wouldn't have fallen off if the plane had been properly maintained. I am therefore fighting on. Monarch have submitted to me as part of their defence that "in the decision (of Husar v Jet2.com) the learned Judge erred in law on the misapplication of the legal test found in the Wallentin ruling that compensation for a delay of three hours or more is payable in the event of a technical defect with the aircraft." Monarch go on to say that they request a stay in my case pending a "definitive ruling by a higher court" in respect of an appeal that is due to go ahead on the 22 and 23 May 2014.

Does anyone know a bit more about this appeal??

razorsedge

tripletrouble wrote: »

I have been pursuing a claim against Monarch for the last couple of years and I have waited patiently, exchanged correspondence and kept an eye on any relevant cases, most notably Huzar v Jet2.com in October 2013. I have finally submitted my claim against Monarch through the County Court and I have just received the robust defence statement from their paralegal by the name of Callum Blumire. Monarch are sticking to their line that my delay was due to "extraordinary circumstances" and only now are they telling me what they are inspite of me asking them for those details prior to action. I am not an engineer and have no idea how a Boeing 737 is built but I can see that the part that fell off our plane that led to the delay wouldn't have fallen off if the plane had been properly maintained. I am therefore fighting on. Monarch have submitted to me as part of their defence that "in the decision (of Husar v Jet2.com) the learned Judge erred in law on the misapplication of the legal test found in the Wallentin ruling that compensation for a delay of three hours or more is payable in the event of a technical defect with the aircraft." Monarch go on to say that they request a stay in my case pending a "definitive ruling by a higher court" in respect of an appeal that is due to go ahead on the 22 and 23 May 2014.

Does anyone know a bit more about this appeal??

Please do not start new threads, it clutters up the board. There is a dedicated thread for Monarch.

However, in the interests of being helpful you will find a lot of information about the Huzar appeal on this forum.
To save the bother of using the search facility, it's here;
https://forums.moneysavingexpert.com/discussion/4815669

111KAB

Yes you must follow the forum etiquette and had you been around long enough and carried out research first you would have been aware that Callum Blumire is known as Bloomie! In addition you will note from this email how Monarch react (internally) to their customers.

Laterallines

Laterallines wrote: »

I was on a delayed Monarch flight ZB232 from Gatwick to Palma de Mallorca on the 5th April 2014.

The flight was delayed by 3 hours and 40 minutes so I posted off the claim forms and necessary information to them on Tuesday this week.

To my surprise I received an email from them today (less than 48 hours after posting the letter!) apologising for the inconvenience and offering me 50% of the compensation I requested (€250 per passenger for the flight of around 1300kms).

I have queried why they feel that they can reduce the compensation by 50% and received a load of nonsense back from them as to its how they interpret the regulations...

I have sent them a strong response asking for them to pay the full amount or I'll take legal action to recover the remainder. I'm expecting more twaddle from them but will post any updates as they come through.

Hopefully this is the right course of action and Monarch will pay the full amount promptly. Any advice on how to convince them of this would be most appreciated!

Good news - after 10 days of silence Monarch have confirmed that they'll be sending cheques for the remaining 50% which they claimed they didn't have to pay!

I have to say I'm surprised at how straightforward this process was. I'm sure it's not the case for everyone and but it would seem if you follow the very useful advice you receive from this forum then there is no reason why you shouldn't succeed with your claim.

Vauban

Laterallines wrote: »

Good news - after 10 days of silence Monarch have confirmed that they'll be sending cheques for the remaining 50% which they claimed they didn't have to pay!

I have to say I'm surprised at how straightforward this process was. I'm sure it's not the case for everyone and but it would seem if you follow the very useful advice you receive from this forum then there is no reason why you shouldn't succeed with your claim.

Very good.

What an utterly absurd company! If they didn't have to pay, why have they sent you a cheque? It's because they know full well you know your rights, and they cannot defend their position in a court. Of course, how many people who get a payout don't know their rights, and get just half what they're due. Disgrace.

Laterallines

They know full well that people give up too easily. My partner said lets just take the money they've offered and settle with that, but all it took was a short email and they paid out what they knew they were liable for.
I guess what they are doing isn't illegal but it certainly isn't morally right.

Shout63

Despite emailing all my details to monarch they still sent me a form to fill in which i duly did and posted 8/5/14. They claimed to have replied 9/5/14 which means the postal service round here has improved vastly.
In less than 24 hours they claim to have received, opened and replied to my letter, needless to say their considered response was no and i was warned that i could not reveal this.
I will be taking this further.