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

lisafoster

4poc wrote: »

Thanks, is it possible to have the email address to send the NBA? I was going to post it to Mr John Marray - Monarch Airlines Ltd, Luton...
... should i also send a copy to EU claims on the back of their claim rejection email?
Most thankful for advice.

Hi,

I sent mine to the EU claims email but also copied in Doreen.slack@monarch.co.uk. She emailed me back to say that she had forwarded it to the EU Claims dept, I replied back to thank her and stated that I took this as their receipt of the NBA

111KAB

Bit of an aside but it seems Monarch are back wet leasing again for 2013 - might mean more claims! Person on FB has had notification that Monarch plane substituted with a Small Planet plane.

The_Wingco

blondmark wrote: »

Well that's not quite how you get paid. What you need to do is to write to Monarch giving them 14 days to agree your compensation and then sue them in your local county court.

Obviously . . . I've sent them an NBA. The point is, if sufficient people encourage Watchdog to take up the issue, that will increase the pressure on Monarch to stop fannying about.

richardw

The_Wingco wrote: »

....If sufficient people encourage Watchdog to take up the issue, that will increase the pressure on Monarch to stop fannying about.

Nope, it has already been on daytime Watchdog, they won't do it again and it's too complicated when there are simple 'horse meat in lasagne' stories around.

You just have to be tenacious and do the court thing, that's what it is there for, or just watch BBC 1 of an evening.

PIP1966_2

Mark2spark wrote: »

Hi Pip,
In the circumstances box I would put:
The captain advised that there was a technical fault in the previous flight. The ECJ ruled in the judgement of Wallentin-Hermann that: "...must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation (or delay) of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control", and also that in the Finnair v Oyj v Timy Lassooy Case C-22/11, "... it is apparent from recital 15 in the preamble to Regulation No 261/2004 that ‘extraordinary circumstances’ may relate only to ‘a particular aircraft on a particular day’, which cannot apply to a passenger denied boarding because of the rescheduling of flights as a result of extraordinary circumstances affecting an earlier flight", therefore compensation of €400 pp is due for the delay in excess of three hours.

You might have to attach that on another sheet.

Morning Mark
Have sent my claim form off via email and they have sent the automated acknowledgement. Can I let you know how I get on? I do really appreciate your help and hope I've not been too much of a pain :-)
Regards
PIP (Becky)

Eve4ever

hi guys

I'm starting my MCOL claim today, can you help with calculating the interest? I'm claiming 1200 euros (both outbound and inbound flights were delayed by 5 hours +) What rate do I use? What date do I start the interest from. I left Manchester on the 5/5/12 and returned from Sharm on 12/5/12. Other than the court application costs, is there anything else I can include?

Thanks in advance

Eve4ever

Centipede100 wrote: »

Interest is calculated at 8% per annum on the value of your claim. It is calculated from the date on which the money became owed to you (date of the delayed flight) up to the date you issue your claim.

Based on 1200 euros, it is 8% of this = 96 euros per annum / 365 to give a daily interest amount of 0.263 euros per day.

Write your claim in the following way: ‘The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 5th May 2012 to 26th February 2013 of £64.45 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.212.

Thank you, you are an absolute star ! x

LBD

I cant remember who it was told me to go back to Monarch and point out that the Fuel Valve fault on the flight the previous evening is why we were delayed 7 hours....

Anyway I have done several times, the ec claims dept refuse to answer the simple questions...

A Please provide proof that the circumstances that led to our delay stemmed from an extraordinary circumstance that was not inherent to the normal running of an airline. You have only claimed this, you have failed to supply proof.



B Confirm you are aware that Extraordinary Circumstance can only apply to a specific flight on a specific date and cannot be claimed for subsequent flights on subsequent dates?



C That you are aware of the Finnair Oyl v Timy Lassooy? And its content?



We request you do this by return as you have already collated all the information you required to make your decision, there is no reason for any further delay in responding.



Yours Sincerely

They have jiggled the response every time I have asked, they have steadfastly refused to acknowledge the questions or supply the answers, I have just been given these details and told contact him...

John Marray

Head of Group Legal

Monarch

Prospect House

Prospect Way

Luton

Bedfordshire

LU2 9NU....

The questions are as you see simple!!!!

Eve4ever

That's me done! I'll keep you all updated of the reaction from Monarch. Thanks to all of you who contribute to this thread :beer:

LBD

I have issued my legal claim, it was on here when I posted the reason for the rejection I was told to write and point out Finnair Oyl v Timy Lassooy? which clearly states that the circumstance used do not fit the criteria....

When I submitted the claim forgot that 3 copies had to be sent , so it was returned, and resubmitted with 3 copies......according to Northampton they are very busy... as yet Monarch have not submitted their defence...

Everything I send gets sent recorded delivery, that not only give proof of postage it also gives proof of delivery.....proof of posting is not proof of delivery.....

The fault of a fuel valve on the flight the previous day on the aircraft that was due to be used on our flight is not EC's.....again my aim is to show the court that I exhausted every possible avenue to get A the answers and B settle the claim without waisting the courts time....