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

111KAB

Andrew_Fish77 wrote: »

I just spoke to the claims team (again!), I've been told that the legal team have told the claims team that a letter will be sent (by email) to all who are waiting for compensation - she reiterated that this response would be today and that it was legally the last day to do so...fingers crossed!

Andrew - I think you will find there is no legal requirement for any airline to ever reply to you if they do not wish to do so. The Supreme Court, in not allowing the appeals did not set out any timetable for resolution of outstanding claims. This sounds very much like the normal traditional Monarch BS to me! In addition Monarch are very lax at dealing with any correspondence and I have previously been informed that they will only deal with delay registration and form submission via email - maybe due to the volume of work post Supreme Court they have decided to deal via email??

Andrew_Fish77

Wow, I've just been sent an email!

We write in regard to your outstanding claim for compensation made in accordance with European Regulation EC261/2004. Your claim has been on hold pending the outcome of an appeal by Jet2.com in the case of Ronald Huzar –v- Jet 2.com as regards to further clarity around the application of Regulation 261/2004 in relation to delays caused by technical issues.

We are aware of the Supreme Court’s decisions made on the 31st October 2014 whereby Jet2.com’s application to seek leave to appeal the Judgment handed down in the case of Ronald Huzar-v-Jet2.com was refused.

As a result of the stay, which has been in place for a considerable amount of time for all claims relating to technical faults, a high volume of claims now require a further review and processing. We can assure you that we are working through all claims as quickly as possible and will provide you with an update regarding your claim in due course. We would like to advise you that there is no need to re-submit your claim and we kindly ask that customers refrain from emailing or telephoning the EU Claim Team to chase the outcome of their claim as unfortunately this will impact on our ability to effectively review all claims in a timely manner. Please be aware that the EU Claim Team will not prioritise claims which are chased via telephone or email.

We are aware that you will be keen for your claim to be finalised and understand that you may feel this process is taking longer than anticipated. Please rest assured, we will respond to you as quickly as possible and appreciate your patience whilst our team works through all outstanding claims. In the event that we have not yet reached a decision on your claim and we are approaching 6 weeks from the date of this letter, we will send you a further update.

Please note that this is an acknowledgement and should be treated as such. We would like to make any customers aware who may consider issuing legal proceedings for reasons other than their claim becoming time barred under the Limitation Act, that if proceedings are issued we will have no hesitation in bringing this correspondence to the attention of a Judge as it reflects our efforts to communicate with customers proactively whilst working through the high volume of claims requiring action. If proceedings are issued following this acknowledgement, but prior to our full response being provided to you, please be aware that by reason of our commitment to communicate with you we will seek to recoup our legal costs which we will incur from defending such claims.



We thank you in advance for your patience at this time.


Yours sincerely,



Monarch Airlines Limited

batman44

Andrew_Fish77 wrote: »

Wow, I've just been sent an email!

We write in regard to your outstanding claim for compensation made in accordance with European Regulation EC261/2004. Your claim has been on hold pending the outcome of an appeal by Jet2.com in the case of Ronald Huzar –v- Jet 2.com as regards to further clarity around the application of Regulation 261/2004 in relation to delays caused by technical issues.

We are aware of the Supreme Court’s decisions made on the 31st October 2014 whereby Jet2.com’s application to seek leave to appeal the Judgment handed down in the case of Ronald Huzar-v-Jet2.com was refused.

As a result of the stay, which has been in place for a considerable amount of time for all claims relating to technical faults, a high volume of claims now require a further review and processing. We can assure you that we are working through all claims as quickly as possible and will provide you with an update regarding your claim in due course. We would like to advise you that there is no need to re-submit your claim and we kindly ask that customers refrain from emailing or telephoning the EU Claim Team to chase the outcome of their claim as unfortunately this will impact on our ability to effectively review all claims in a timely manner. Please be aware that the EU Claim Team will not prioritise claims which are chased via telephone or email.

We are aware that you will be keen for your claim to be finalised and understand that you may feel this process is taking longer than anticipated. Please rest assured, we will respond to you as quickly as possible and appreciate your patience whilst our team works through all outstanding claims. In the event that we have not yet reached a decision on your claim and we are approaching 6 weeks from the date of this letter, we will send you a further update.

Please note that this is an acknowledgement and should be treated as such. We would like to make any customers aware who may consider issuing legal proceedings for reasons other than their claim becoming time barred under the Limitation Act, that if proceedings are issued we will have no hesitation in bringing this correspondence to the attention of a Judge as it reflects our efforts to communicate with customers proactively whilst working through the high volume of claims requiring action. If proceedings are issued following this acknowledgement, but prior to our full response being provided to you, please be aware that by reason of our commitment to communicate with you we will seek to recoup our legal costs which we will incur from defending such claims.



We thank you in advance for your patience at this time.


Yours sincerely,



Monarch Airlines Limited

This is a blatent threat and should be brought to the attention of any judge, you are entitled legally to follow any CPR rule and bring a case against them.:mad:

How can they defend the indefenceable? They go to court they lose so it costs them!

glentoran99

I got exactly the same email

batman44

I just got one!

They stayed the cases so they got a back up of claims and heavy workload so now they threat that if you take them to court the will bring this to the judge. They should of paid in the first place then they would not have a backlog!

I would say go through due process and issue proceedings, they cannot defend the indefenceable and the judge will not award cost to them.

Vauban

I agree with this. It is unreasonable not to give Monarch sufficient time to review your case. But if you have written a NBA then you have already done this, complied with court protocols and are free to proceed. No judge is going to criticise you for this.

Monarch’s email makes no promise as to when or how they will resolve your case. As such, I think anyone is ill-advised to rely on it. So two choices. Either start a legal action, after going through the appropriate protocols, and you'll very likely get your money. Leave it up to Monarch and ... don't hold your breath!

111KAB

Monarch hit for £20k plus compensation claim due to joint action (Bott & Co acted) .....


https://www.facebook.com/MonarchComplaints/posts/336100559884667

tgon

Got the same. Surely my statutory rights are not affected by their thinly disguised threats?

Sedge123

That's interesting, I haven't received anything but sent them a letter which they received Monday to give them 21 days to settle my claim before I start legal procedings. I think that I've been more than fair waiting for the outcome of the appeal.

dxc_chappie

Vauban wrote: »

I agree with this. It is unreasonable not to give Monarch sufficient time to review your case. But if you have written a NBA then you have already done this, complied with court protocols and are free to proceed. No judge is going to criticise you for this.

Ok I'll be brave here and disagree with batman44 and the Lord professor, and I think the judge would criticise.

CPR pre action conduct annex A 3 says 14 days is a reasonable amount of time for a response.
Annex A 3.1 says if a full response can't be given within 14 days then the defendant can instead provide an acknowledgement within 14 days setting out the reasons why and give an indication of when a full response can be given.
Annex A 4.4 says that if the claimant starts proceedings before the longer time period has expired the court will consider whether or not the longer period requested was reasonable.
Also, pre action conduct #9.6 allows for a stay to be requested if a claim was started before pre action protocols were completed due to the limitation period expiring.

So Monarch's mail is an acknowledgement - presumably within 14 days?
It sets out why they need a longer period.
And it sets when they expect to be able to give a full response (42 days imho would not be considered excessive by the court given the significance of the SC's decision).
And they say a further update will be sent out approaching the end of the longer period.
Furthermore their "threat" specifically refers to any proceedings started other than for being barred under the Limitation Act.

Unfortunately it is a bit open ended and therefore infuriating, but personally I would consider this a reasonable acknowledgement and I would be wary of starting proceedings before they have given a full response within the timescales they state.

Just my two cents...

<reaches for his hard hat!>