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

theboylard

Morning!!

Confirmation that Monarch, Flight ZB935 11.20 - 15.20 TFS to BHX on 17/5/15, delayed by nearly 15 hours, has paid out on our claim.

Two cheques, one for each adult passenger, for £285.80 each, received last Friday and paid in to a bank on the same day.

No contest whatsoever from Monarch, ta very much!!!

111KAB

Thought you may be interested in this Monarch release ...... http://blog.monarch.co.uk/delays-explained-part-I/

Bircho

So just to update on our claim. We discovered two cases at Luton County Court that Monarch has lost for the same flight. (Monarch did try to tell us that one of the cases was at Manchester not Luton but that was human error, they say!).


Letter went to Monarch suggesting that as they had lost two cases for this flight already, their defence had no realistic chance of succeeding. Requested immediate settlement.


Just because they have lost two already, they replied, does not mean they will lose the third and they think they still have a chance of winning.


And they still want it in Luton.


So I will prepare the defence and go to court. I will claim the expenses. And I won't push the court for a date - whilst ever our claim is accruing 30p per day interest, that 8% is better than any bank account!!

111KAB

Bircho - you are to be applauded - I have my doubts however that you will have your day in Court (ie no interest) as Monarch will 'fold' before you get there. Will PM you.

Justice13075

Beggars belief.

Vauban

111KAB wrote: »

Bircho - you are to be applauded - I have my doubts however that you will have your day in Court (ie no interest) as Monarch will 'fold' before you get there. Will PM you.

I am sure this is right. Make sure you write to the Court in advance pointing this out and suggesting that, as Monarch did not appeal these Lost cases, you are concerned that this is an abuse of process to see them put before a court again.

Yorkie_Red

I’ve been out of the loop for quite a while on this forum and there are so many interesting posts to catch up on (many of which mirror my own experiences); thanks all.

To update on my own experience Monarch’s defence of the 2 flights they denied me compensation for was duly filed to the courts. It will come as no surprise to many on here to learn that their defence relies heavily on a “hidden manufacturing defect”. Their defence document concluded with the fact that they admit liability for the other flight (this despite their initial response to my case being that they intended to submit a full defence rather thana partial defence).

Monarch were adamant that the case should be held at Luton so they can call their staff at the hearing and although I requested my local court, the CCBC referred the case to Liverpool. I was happy with this as it is a relatively local court & in addition it is a centre of excellence for flight delay claims. The court wrote to ask that Monarch submit a list of any other cases covering the flights involved in my claim and also details of which witnesses they intended to have at the hearing. Interestingly this reply is the only one that Monarch have not copied me into.

I recently returned from a lovely holiday (thankfully delay free) to find a letter from Monarch advising that they no longer intended to defend the case together with a proposed settlement. I was pleased to read this but at the same time could see that the settlement had been incorrectly calculated. Before I got the chance to point this out I received a second letter advising that they’d made a mistake and only wanted to settle for one flight, the other they will still defend in court; confusing to say the least!

To bring us up to date I received a letter on Friday advising me that Liverpool have caved into Monarch and transferred my case to Luton County Court. I have sent a letter to both Liverpool & Luton expressing my dismay that this has been allowed to happen. The likelihood of me getting the required time off for a hearing in Luton is negligible so I am extremely unhappy at this turn of events.

You’ve all been so helpful that I feel bad for asking this but if anyone wants to look at and maybe even give me their thoughts on Monarch’s defence, please drop me a message.

Qbert23

How long does it take to go it alone and take your case to court, I'm weighing up doing it myself or getting one of the NO win no fee lot on it, it pains me to think about losing 30% but with two small children to look after I'm not sure I have the time to take it on.

Cheers

JPears

Yorkie,
myself and the other veterans would be only too pleased to shred Monarch's defense. Post here or PM us.
If the court has given an "Order" that the case be transferred to a different court you can appeal this, within 7 days of the order.
Will you need to question the staff? Are they witnesses or experts? Presumably you have their written statements? If you don't need to question them, they don't need to be present and therefore no need to move to Luton.

JPears

Qbert23 wrote: »

How long does it take to go it alone and take your case to court, I'm weighing up doing it myself or getting one of the NO win no fee lot on it, it pains me to think about losing 30% but with two small children to look after I'm not sure I have the time to take it on.

Cheers

Read Vauban's guide?
If so then read this:
https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/A_Handbook_for_Litigants_in_Person.pdf

Then decide if you have the time