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

NoviceAngel

Vauban wrote: »

........

(It's long gone midnight here, and a Ceilidh in this part of the world is both an unusual and exhausting experience! Time for bed ...)

No need to apologise PtLV, get some sleep and let's hope you sleep through the fireworks* dancing and celebrations, whatever order they arrive in.



* vast understatement

As ever,

Cheers,

NoviceAngel

jamiet_2

Vauban wrote: »

Apologies, I was confusing your post with another. You have plenty of time.

(It's long gone midnight here, and a Ceilidh in this part of the world is both an unusual and exhausting experience! Time for bed ...)

As NoviceAngel has said, no need to apologise mate! Enjoy the celebrations and dancing

Cheers,
Jamie

Mark2spark

Yeah, just to add that a verbal NBA is about as useful as coughing during the phone call.
But I'll go further and say that if you've been playing letter ping pong for several months, - even years - then sending a NBA isn't required.
OK yes a strict interpretation of the court protocol will say yes it is required, but so is things like handing in your bundle on time, exchanding with the claimant, etc etc, - all things that airlines regularly avoid doing and nothing happens.
I've yet to read of a case (across the board, all areas of legal claims) where a case has been thrown out because notice of legal action wasn't given.
But the base claim letter that Centipede concocted, issues NBA as part of the wording anyway, it simply makes the compo claim and then states that if they don't accept it and are claiming EC's then pleased be advised that you give them notice that you will be at liberty to pursue court action without giving them further notice.
Simples really

NoviceAngel

Mark2spark wrote: »

.........
But the base claim letter that Centipede concocted, issues NBA as part of the wording anyway, it simply makes the compo claim and then states that if they don't accept it and are claiming EC's then pleased be advised that you give them notice that you will be at liberty to pursue court action without giving them further notice.
Simples really

Does that base claim letter still exist on here ?

Sedge123

NoviceAngel wrote: »

I'll risk talking out of turn but I think the NBA is usually postal, good luck and do please come back to us on how your case progresses.

Cheers,

NoviceAngel

CaringLazz wrote: »

I was contacted by Monarch yesterday saying they "...envisage being in a position to respond to our claim in full, within the next six weeks." Our flight was on 29th May 2009, and if we have to wait for the 6 weeks, we will be over the 6 years statute of limitations for claiming! Any suggestions as to our best course of action? Should we send an NBA and include in the letter that we are doing this because of the time limitation?


We started our claim about 18 months ago, but had been put on hold because it was classed as 'extraordinary circumstances'.

We are in the same position. The six years expires on 26th June but we're not risking it. Initiated court proceedings last month and interestingly received exactly the same letter as you. I think it's an automated email designed to push people on the six year limit into hanging on and then becoming time barred.

Vauban

Sedge123 wrote: »

We are in the same position. The six years expires on 26th June but we're not risking it. Initiated court proceedings last month and interestingly received exactly the same letter as you. I think it's an automated email designed to push people on the six year limit into hanging on and then becoming time barred.

Sedge is absolutely right. Whatever you do, don't allow your claim to become time barred. You MUST start legal proceedings before the sixth anniversary of your flight.

Mark2spark

NoviceAngel wrote: »

Does that base claim letter still exist on here ?

I'm not sure. It was linked in the original FAQ's that MSE decided to jiggle around during the tidying up, so I'm not sure if it's still 'somewhere', just really hard to find now.

But I've still got the draft in my PC so can repost it again if required.

Or (this was also previously linked) the base letter on the 'Which!' website does the job.

Mark2spark

Mr Geoff Atkinson
Monarch Airlines Ltd
Prospect House
Prospect Way
London Luton Airport
Luton
LU2 9NU

Dear Mr Atkinson

Delayed Flight Compensation
Flight number: (insert here)
Date: (insert here)
Booking Ref: (insert here)
Passenger names: (insert here)
Amount claimed: 250/400/600 (delete as applicable) euros per passenger

I am writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving xxxx and we arrived in xxxx some xx hours after the scheduled arrival time.

I am aware that judgement has been handed down in the ECJ case known as 'Sturgeon' (C-629/10) on October 23rd 2012, and I wish to proceed with my claim.

We were informed that the flight was delayed overnight due to 'technical difficulties with the aircraft.' Since technical problems have been ruled, by the ECJ in the case of Wallentin, and by the UK courts in the case known as Huzar, to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours sincerely

xxxxx

Mark2spark

I made some slight adaptions to this template as time (and court cases) went by.

klint

You may remember me talking about the courts playing ping-pong with my case back in March. Well, I've just had another letter... the ball is still in play. My local court (in the south-east suburbs of London) started the serve by passing my case to a court in central London. That court had sent it back to my home court. Since my last post, my home court passed it back to the central London court and it in turn returned it to my home court. I wonder how long before it will be 15-Love.

NoviceAngel wrote: »

Hi klint,

Loads of cases were transfered to Liverpool as it is known as 'the center of excellence' regarding flight delays, If DJ Jenkinson had of ruled in a different way, perhaps your case would have ended at Liverpool, sounds all positive to me smile and await your success......

Cheers,

NoviceAngel