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

Mark2spark

Merv007 wrote: »

I've just had a rejected letter for Flight ZB743 Malaga to Gatwick - 14th July quoting "Cracked Windscreen" and extraordinary circumstances.
However, I clearly recall the pilot on the flight giving an in-depth explanation on how it was related to something to do with a steering issue on the front wheel.
I guess it could have been classified as nose landing gear as quoted in Mark2spark list above, but it definitely wasn't a cracked windscreen.
I guess it doesn't make a lot of difference as they classify both as extraordinary circumstances.

Thoughts/comments anyone?

What year Merv?
I / we can't compare EC reasons if we don't know if the year is different.

Mark2spark

Just so I don't lose my place, all above fights are listed in the OP

Merv007

Mark2spark wrote: »

What year Merv?
I / we can't compare EC reasons if we don't know if the year is different.

It was last year, 2012.

bogjumper

We have a claim for ZB 568 Man- Tenerife 13th July 2012 with a 16hour delay - We've done the same as everyone else so far - usual fobbing off waiting for the decision ,then the claim form . Now we've had a reply saying that it was an extraordinary circumstance due to a nosewheel problem. There were 3 of us travelling. My question is - what are the realistic prospects of achieving anything ?

GothicMaiden

mbyrne01 wrote: »

My flight was delayed by ten hours due to the first officer being taken ill the previous day. It took Monarch twelve hours to find a replacement in London (and we're not short of pilots there).

Now, I consider being ill to be a side effect of being human so I don't think that anyone can claim that illness cannot be predicted (everyone gets ill at least one in their life) and that operating procedures can be put in place to deal with this (having a replacement crew on stand-by). But Monarch don't think that this is the case and have rejected my claim as out of the ordinary.

I’ve spent the last few days working my way through all of the posts on this thread as my husband and I are in the same boat. And the same plane as mbyrne01!! Actually, I‘ve noticed that our flight has not yet made it on to the OP. The reading has been very interesting and there are some wonderfully helpful people here. Thank you all. It was due entirely to moneysavingexpert.com that we became aware of the new ruling. We had not flown with Monarch before and, needless to say, will never do so again.

The very next day, 23 October 2012, I received an unsolicited email from Monarch at 11:38 apologising for the delay which was “… caused by crew sickness, …”. Attached was a PDF document for my insurance company. Ah bless! How thoughtful!!

I have checked our flight on flightstats.co.uk which, very interestingly, they list as ‘cancelled’. Could it be that Monarch informed us that it was ‘delayed’ as the EUJ had yet to rule on compensation for delays as opposed to cancellations? Am I being cynical? ECJ decision finally made on 23 October 2012.

We are currently out of the country so are limited to the internet for communication. As suggested on MSE website, I filled in and, on 1 January 2013, emailed the ‘flight delay letter’. A generic acknowledgement arrived on 17 January addressed to no one, but signed by David Bulut, Monarch EU Claims Advisor. Attached was the 4-page compensation claim form.

We dutifully filled these in, one each, and I emailed them back to Mr Bulut on 30 January 2013, along with copies of our passports,our itinerary , the apology letter we were given in Turkey and even, as an extra bonus, a copy of my boarding card. My husband had obviously discarded his in disgust when we arrived home in England. Three hours and two minutes later I received an auto response “to acknowledge receipt of your e-mail.”

On 24 February 2013 I received a further email, this one from the Monarch EU Claims team, actually addressing me by name and acknowledging safe receipt of my form. They would “revert back to you once our investigations are complete. But in the meantime, thank you for your continued patience and understanding.”

I have heard nothing since but my husband, who has had no other contact with Monarch, has had his claim refused! On Tuesday 26 February, he received an identical email to mbyrne01. It strikes me that not only is crew illness not EC but that it was the previous flight which was affected: ours was only a knock-on effect.

Obviously we will be going to court but do we have to wait for my refusal email or can we start the court ball rolling now? What would be the informed opinion, please? As our flight originated in Turkey, am I right in thinking that the CAA can help? Looking at the Step 2 on MSE Flight Delay page, it would appear so. So a letter to them as well as the courts? Not forgetting the all important Notice Before Action. Hmm, getting that posted in England could be interesting: we are in the Middle East at present. Can it wait till April, do you think?

I apologise for the length of this as I was never any good at precis!

111KAB

GothicMaiden - you have a very good case. As you have 6 years from the date of the delay to claim I would wait until you are back in the UK as in addition to your claim you can levy an 8% interest charge to the outstanding payment. Really depends upon the urgency of the requirement for money!

GothicMaiden

111KAB wrote: »

GothicMaiden - you have a very good case. As you have 6 years from the date of the delay to claim I would wait until you are back in the UK as in addition to your claim you can levy an 8% interest charge to the outstanding payment. Really depends upon the urgency of the requirement for money!

Thanks, 111KAB.

As I have already sent, by email, and had acknowledgement, by email, of the flight delay letter, might I be able to treat this as having already sent NBA? Or should I go belt and braces with a formal letter to John Marray by post, do you think?

GothicMaiden

Sillychuckie wrote: »

If you take the NBA and MCOL route and you go on to lose, cant the airline have the court charge you for their costs?
In fact, couldn't they counter sue with their own case (after yours is thrown out), for any and all associated costs?
No doubt their lawyers are pricy.

Isn't this quite a high risk strategy?

I've had a look on 'Self Help from Citizens Advice' (adviceguide.org.uk) which states:-
"In most cases, the court will not order solicitors’ costs to be paid by the losing party in a small claims case, and if you instruct a solicitor you will have to pay the costs yourself. For this reason most claimants deal with a small claim without the help of a solicitor. It is possible to have the help of a friend or ‘lay representative’, for example, some Citizens Advice Bureaux can offer trained advisers to help people with small claims."

Looks promising ... but we aren't going to lose, are we?

leeds34

Hi Im looking to take small planet airlines to small claims court for a 10 hour flight delay in Sept 2012 Im looking to speak to anyone else who has pursued through the small claims court and won ?? Thanks

111KAB

GothicMaiden wrote: »

Thanks, 111KAB.

As I have already sent, by email, and had acknowledgement, by email, of the flight delay letter, might I be able to treat this as having already sent NBA? Or should I go belt and braces with a formal letter to John Marray by post, do you think?

Think if it were me I would wait until you are back (some cases may have gone through court by then as well) and send a 14 day NBA letter with proof of posting. Others may say you have already done this but I can see no problem with a duplication being as you cannot really act on the NBA until you have time/return.