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

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  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Im not sure about court , you may need to call both Luton and Liverpool. Perhaps play Monarch at their own game and remain at LIverpool. Not too difficult from Sheffield to Liverpoorl and Liverpool is a "centre of exellence" with regards to delay claims (hence the original transfer to Liverpool). Have you any court dates? Do you want to put the dfence up here? A few die hards may wish to slaughterand dissect it for you over the weekend :)
    And yes.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Write to Liverpool, copy letter to Luton and to Monarch requesting that as an LiP you expect the case to be heard at your local/requested court and in your opinion any evidence provided by the expert witnesses could be submitted in writing prior to the hearing.


    Monarch read these threads so they are probably well aware that you are aware that another party on the same flight (year?) have already been paid out but otherwise you may as well leave until it gets to the hearing (doubtful it will) and the Judge will not be impressed.


    It may be worth making contact with whoever else has been paid out in order to leave the door open for obtaining, if necessary, a witness statement.
  • Bircho
    Bircho Posts: 41 Forumite
    JPears wrote: »
    Im not sure about court , you may need to call both Luton and Liverpool. Perhaps play Monarch at their own game and remain at LIverpool. Not too difficult from Sheffield to Liverpoorl and Liverpool is a "centre of exellence" with regards to delay claims (hence the original transfer to Liverpool). Have you any court dates? Do you want to put the dfence up here? A few die hards may wish to slaughterand dissect it for you over the weekend :)
    And yes.


    Thanks again. Not had a court date as yet so not really put too much into the defence as yet. Will write to them and request Sheffield but Liverpool as a back up.
  • Bircho
    Bircho Posts: 41 Forumite
    111KAB wrote: »
    Write to Liverpool, copy letter to Luton and to Monarch requesting that as an LiP you expect the case to be heard at your local/requested court and in your opinion any evidence provided by the expert witnesses could be submitted in writing prior to the hearing.


    Monarch read these threads so they are probably well aware that you are aware that another party on the same flight (year?) have already been paid out but otherwise you may as well leave until it gets to the hearing (doubtful it will) and the Judge will not be impressed.


    It may be worth making contact with whoever else has been paid out in order to leave the door open for obtaining, if necessary, a witness statement.



    Thanks 111. We don't have details of the other winner - only this link here which is from the exact same flight:




    http://www.flightdelays.co.uk/blog/2015/1319/hidden-manufacturing-case-victory-for-passengers


    As mentioned on the other thread will write to the court asking for it to be moved to Sheffield.


    Thanks again.
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    If you want to use that information you will need a signed witness statement. Unlikely Flight Delay will supply (unless you use them) however, if the matter gets to court (doubtful) the first question you must ask of the Monarch barrister is ..... "have Monarch had any other claims submitted in respect of this flight and if so can they confirm if any other passengers have received compensation".


    As mentioned to you via PM there are links to threads where people have been paid out and indeed given this fact (ie Flight Delay) it may be possible to track down the recipients of the settled claim. PM me again should you wish.


    You are the claimant by the way ... Monarch submit the defence.
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    KAB, I think poster meant they have no put much time into shredding the defence provided?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Bircho
    Bircho Posts: 41 Forumite
    111KAB wrote: »
    If you want to use that information you will need a signed witness statement. Unlikely Flight Delay will supply (unless you use them) however, if the matter gets to court (doubtful) the first question you must ask of the Monarch barrister is ..... "have Monarch had any other claims submitted in respect of this flight and if so can they confirm if any other passengers have received compensation".


    As mentioned to you via PM there are links to threads where people have been paid out and indeed given this fact (ie Flight Delay) it may be possible to track down the recipients of the settled claim. PM me again should you wish.


    You are the claimant by the way ... Monarch submit the defence.



    And again thanks. Will check the link out you provided when I get home (works pc restrict social networking!).


    In that article from Flight Delays, the defence that Monarch used is identical to the word to the one that they have supplied to us.
  • fubar4164
    fubar4164 Posts: 98 Forumite
    Hi

    Have my court date set for October with Monarch (it's taken 5 years to get here!)

    Got their bundle and defence this week and am more confident in my arguments than I was before (they are arguing a hidden manufacturer defect which caused the plane to be grounded the day before my flight, and have themselves provided evidence that this problem has been known about for 10 years and is as yet unresolved across that aircraft model!?)

    My question is around costs - I have asked for costs in my claim, and will have items such as travel, postage, court fees etc. however, over the course of 5 years I have spent a lot of time on correspondence and prepping for Court - do I have any chance of getting paid for these? E.g. Taking a day off to attend court?

    I figure if I don't ask I don't get, but has anyone had any success with this?
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    You can ask for 8% interest, transport or parking costs, time off work, and court fees (submission and hearing costs) .... if you win you will get your court costs returned, you may get interest up to 8%, transport/parking costs often re-paid (keep receipts) and up to £90 can be received in respect of time of work (in my case £30 ph x 3) - most of these at discretion of judge.
    No payment in respect of copying, postage or court preparation.
    In my case the Judge was not impressed with Monarch (who is?) and accordingly awarded me everything he could!
    I have only seen Monarch use the HMD excuse on a plane which has now left their fleet - is this true for your case?
  • fubar4164
    fubar4164 Posts: 98 Forumite
    Yes - plane no longer in fleet. Their entire defence is just technical background regarding parts and maintenance data which is not relevant
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