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

MoscowFlyer

I'm fed up of waiting now, they haven't responded to my 14 day threat of legal action so I'm going to go through the SCC now. If I win I assume I also get awarded all costs back as well? Assuming they don't respond to the action, how long does it tend to take before they automatically rule in my favour due to non-response?

Thanks

batman44

MoscowFlyer wrote: »

I'm fed up of waiting now, they haven't responded to my 14 day threat of legal action so I'm going to go through the SCC now. If I win I assume I also get awarded all costs back as well? Assuming they don't respond to the action, how long does it tend to take before they automatically rule in my favour due to non-response?

Thanks

Takes time to go through the motions, they may well respond with the normal email everyone gets, you need to start proceedings and yes you will get your cost back if you win.

MoscowFlyer

So what about this email they've started sending everyone? My notice of action expired two days ago yet I haven't started proceedings yet but confirmed this morning I would be. Then I just got this;

'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.'

My notice of action was sent BEFORE they sent me this but this email has been received BEFORE I've actually started action, so will this now go against me?

JPears

Well its a problem of their own making, it is scaremongering and usual airline BS/nonesense/desperation.
HOWEVER it could do your case no harm to "be reasonable" and wait a while but make this known to the judge should it come to that. They have said they will respond within 6 weeks. So when that 6 weeks is up from your NBA and you have heard nothing (most likey scenario), then submit your N1/MCOL. At least you will have a couple of weeks to make sure your legal submission is all correct and accurate.

batman44

MoscowFlyer wrote: »

So what about this email they've started sending everyone? My notice of action expired two days ago yet I haven't started proceedings yet but confirmed this morning I would be. Then I just got this;



My notice of action was sent BEFORE they sent me this but this email has been received BEFORE I've actually started action, so will this now go against me?

Got one the same yesterday, my claim went in at the start of Oct so they have had nearly 3 months already and now they want an additional 6 weeks.

As anyone actually been paid out yet?

111KAB

Unless you are solicitor (Bott & Co for example) or you have a court date Monarch will keep stringing you along. Their original 6 week letter sent post Huzar (ie end October 2014) has now expired so if you make enquiries you will now get another 6 week letter which will expire end January 2015 - they will then send another 6 week letter taking the matter to mid March when I understand they intend looking into some of those claims made by individuals.


In the meantime you may have lost the will to live and walked away (as Monarch hope) plus you will have lost out on any potential interest and the way exchange rates are going Monarch will use a conversion rate that suits them.


In my opinion Monarch are treating all claimants who are playing compensation letter Ping-Pong as idiots and the quicker you instigate court action the better for both you and the 100's of other claimants in the pipeline.

111KAB

6 weeks becomes 6 months becomes 6 years .... oh dear you are out of time!


http://www.thisismoney.co.uk/money/experts/article-2870099/Monarch-won-t-compensate-delayed-flight-technical-fault-s-six-years-old.html

batman44

111KAB wrote: »

Unless you are solicitor (Bott & Co for example) or you have a court date Monarch will keep stringing you along. Their original 6 week letter sent post Huzar (ie end October 2014) has now expired so if you make enquiries you will now get another 6 week letter which will expire end January 2015 - they will then send another 6 week letter taking the matter to mid March when I understand they intend looking into some of those claims made by individuals.


In the meantime you may have lost the will to live and walked away (as Monarch hope) plus you will have lost out on any potential interest and the way exchange rates are going Monarch will use a conversion rate that suits them.


In my opinion Monarch are treating all claimants who are playing compensation letter Ping-Pong as idiots and the quicker you instigate court action the better for both you and the 100's of other claimants in the pipeline.

I know the game they are playing, my NBA is ready and will be sent via email tonight. The letter also explains that 3 months is more than enough reasonable time that shall be mentioned to the judge. Oh and they have known about this for years and it not my problem they are short on staff to deal with the backlog.

tgon

tgon wrote: »

Make that two! Today, on the very last day when Monarch needed to state their defence they still denied liability but agreed to pay the full amount of my court claim. So, judgement accepted and waiting for my cheque. :j

....which never arrived. :mad:

Issued a warrant today. Cost another £70. Muppets

Kidson

I would like to throw open for discussion when compensation may still be due where bad weather has been involved.

If we start with an example of an aircraft flying from point A to B; The aircraft takes off on time at 7.30AM but is unable to land at point B due to bad weather and is diverted to point C.

The aircraft was scheduled to land at point B at 10.30AM but due to bad weather the airport had been closed all morning and as already advised was diverted to point C:

However other aircraft commenced landing at point airport B from 12.30PM onwards

The aircraft that was diverted to point C finally arrived back at point A for its scheduled departure to point D – However the flight was now well over 3 hrs delayed and arrived at point E once again well over 3 hours behind schedule

The passengers at point E returned to point A and as to be expected they were well over 3 hrs delayed.

Question: Do you feel that passengers on flight E to A are due compensation as bad weather had not affected their aircraft at either airports point A and E?

I have in mind the case of Jager v EasyJet