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

lmandeville

My case has slowly been progressing through a small claims court and I've just had a mediation call via the small claims court process.

I was a bit dubious as to what I would really get out of this and had ticked 'No' to mediation on the court questionnaire as I had actually had a offer from Monarch before for £400 of a £720 claim which I refused. They had said they would improve the offer but went straight to defense of the claim.

The process was really interesting, all over the phone, calls you, calls them, calls you again etc. As my case is similar to the Huzar case in terms of reason of 'extraordinary circumstance' I felt I was in a good place going into the call.

I was basically told that Thomas cook are looking to appeal the Huzar vs Jet2 ruling to the Supreme Court and should they be given the chance by the Supreme court to mount an appeal all cases like this would be stayed like they were with the bank charges until there is a ruling. In the case of the banks this was 2 years.

This left me a bit high and dry with the following options during mediation and still to decide on.
Take a fresh £400 offer from Monarch and walk away
Continue the proceedings and hope I get a court date before an appeal is granted (apparently if I have a court date it can't get stayed), this could take 12 weeks, but I'm likely to win in court(?)
Continue and the appeal is granted before a court date so I would have to wait for the appeal which could be a long time.

I'd be interested to see if anyone else has gone through this process and what people would do

111KAB

Imandeville - if Monarch have made an offer in excess of 50% of your claim this suggests they know they are on a sticky wicket. I recommend that you consider dropping the interest charge (ie full claim plus court costs) ... nothing less. Incidentally Jet2 are appealing the Huzar decision not Thomas Cook.

pestopete

I also have just had an email from Monarch quoting along the same lines, saying they will not take actin until after the Jet2 appeal is heard.....am now thinking of going through the small claims court.

Anyone else had similar experiences ??

111KAB

pestopete wrote: »

I also have just had an email from Monarch quoting along the same lines, saying they will not take actin until after the Jet2 appeal is heard.....am now thinking of going through the small claims court.

Anyone else had similar experiences ??

I think many have had similar replies from Monarch who are hiding behind the Jet2 application to the Supreme Court. It is highly likely you will have to wait for the appeal to be either heard or dismissed and if time is on your side (ie well within 6 years) you may wish to wait. You may however decide upon instigating court action now so as to 'protect' your position and have the opportunity to levy interest on your claim.

pestopete

I also have just had an email from Monarch quoting along the same lines, saying they will not take actin until after the Jet2 appeal is heard.....am now thinking of going through the small claims court.

Anyone else had similar experiences ??

nigelh6746

Hi

Ive had the same delaying tactic from monarch

Thank you for submitting a claim for compensation in accordance with European Regulation EC261/2004.

As you may be aware there has been a recent judgment in the case of Ronald Huzar v Jet2.com which potentially could affect the way in which certain claims under Regulation 261 are now assessed. I can confirm that Jet2 has lodged an application with the Supreme Court to seek leave to appeal this judgment. As a result, and due to the uncertainty of the law which is directly related to your claim, it would be inappropriate to assess your claim until clarification in this respect is received.

The Supreme Court remains in session until the end of July and will not return until October. It is therefore highly unlikely that the application will be considered before the recess.

I can confirm that your claim will be held on our system until such a time that a decision is reached and we will contact you to advise you of the Court’s judgment.

Surely this cant be legal though? A law is a law, and if it exists as a law currently, surely they are bound by it, they cant just wait until theres a posibility its reversed?

Does anyone have a legal point of view on this?

Thanks

111KAB

Correct nigelh6746 but what can you do about it? Just part of Monarch's further delay tactics. You could take them to court however it appears most Judges are waiting until the result of the Jet2 application is known and if they are granted leave to appeal compensation claims could be held up for years. Suggest you make a diary note so the 6 year threshold does not come into play.

ironman1

Hi all,

Me and my partner flew from London to Portugal in late May and were delayed at the airport. We were eventually put in a hotel but this was after getting on the plane twice and then being asked to get off due to their being problems. In all we were delayed for 27 hours!

I recently made a claim and got this reply. Can anyone tell me if this is acceptable? We flew with Monarch by the way.

Dear Mr Thomas,

Thank you for submitting a claim for compensation in accordance with
European Regulation EC261/2004.

As you may be aware there has been a recent judgment in the case of
Ronald Huzar v Jet2.com which potentially could affect the way in which
certain claims under EU Regulation 261 are now assessed. I can confirm
that Jet2 has lodged an application with the Supreme Court to seek leave
to appeal this judgment. As a result there is uncertainty regarding the
law when applied to compensation claims presented under EU Regulation
261 when the root cause of the delay is a technical fault. We will
therefore not be assessing your claim until clarification in this
respect is received from the Supreme Court.

The Supreme Court remains in session until the end of July and will not
return until October. It is therefore highly unlikely that the
application will be considered before the recess. Please be aware that
your claim is subject to the Limitation Act 1980 therefore a deadline
for issuing proceedings applies. For further information regarding how
this may affect your claim please refer to www.caa.co.uk.

I can confirm that your claim will be held on our system until such a
time that a decision is reached and we will contact you to advise you of
the Court's judgment.

Thank you again for your patience.

Yours sincerely

Samantha
Customer Service Centre Advisor
Monarch Airlines

111KAB

ironman1 wrote: »

I recently made a claim and got this reply. Can anyone tell me if this is acceptable? We flew with Monarch by the way.

Should be on Monarch thread - no reply is not acceptable but little you can do about it at the moment - read Huzar thread which will provide you with further information.

Helpmeout

Hi just wondering if anyone else was delayed on flight ZB473 from Sharm-Birm on the 7/05/2013. The flight was delayed for 17 hours and 50 mins . I received a email from monarch shortly after the delay to confirm the flight delay was down to a technical problem but I am just in the middle of deciding whether to put in a claim and wondered wether anyone else had been successful .
Thanks