Small Claims Court for Flight Delay Compensation

DavePollard

I am considering taking Monarch airlines to the small claims court and would appreciate some basic guidance. I am lucky and have nver had to go to court before so I am rather naive in these matters. I have looked at some web sites about small claim court and they are rather long winded. My claim, without going into to lengthy details will be for a total of 1600 Euros. My question are.
1 What will be the cost and if I win will this sum be refunded.
2 If I lose will I be responsible for Monarch airlines legal costs
3 Is the case heard in my local local court and do I have any say where it is heard.
4 Is it best to be present at the hearing or it is OK to rely on a written submission,
5. From applying how long afterwards is the case heard
6 Anything else I should really know before proceeding.

Thank you for anyone who can answer these questions in easy
to understand terminology. i am so annoyed at Monarch using Big Brother tactics that once I have got the above answers I hope hen to proceed but just want to make sure of the above facts before doing so. I believe this is the only action left open to me. Thank you

111KAB

DavePollard wrote: »

I am considering taking Monarch airlines to the small claims court and would appreciate some basic guidance. I am lucky and have nver had to go to court before so I am rather naive in these matters. I have looked at some web sites about small claim court and they are rather long winded. My claim, without going into to lengthy details will be for a total of 1600 Euros. My question are.
1 What will be the cost and if I win will this sum be refunded.
2 If I lose will I be responsible for Monarch airlines legal costs
3 Is the case heard in my local local court and do I have any say where it is heard.
4 Is it best to be present at the hearing or it is OK to rely on a written submission,
5. From applying how long afterwards is the case heard
6 Anything else I should really know before proceeding.

Thank you for anyone who can answer these questions in easy
to understand terminology. i am so annoyed at Monarch using Big Brother tactics that once I have got the above answers I hope hen to proceed but just want to make sure of the above facts before doing so. I believe this is the only action left open to me. Thank you

Post on Monarch thread then any reply will assist others.

Martin85

Whilst I am sure it is meant with the best intentions in due respect as the originator of this forum has only just joined to tell him to look in FAQ is harsh and unhelpful. He probably does not know his way round the forum as a whole. I think he has a salient point including this subject as a separate forum as it applies to not only Monarch but all other airlines. I believe the cost for lodging the casse at a Small Claims Court for the sum mentioned would be £70 if done on line and this would be recoverable if he won the case. However I am not 100% sure this is the correct and I am still waiting to hear the result of my claim before taking any drastic action. If anyone does have the knowledge to answer Dave's question in a user friendly and concise manner it would be helpful to him, me and I am certain it will be to many others. Thank you

111KAB

Martin85 - agree in some respects however firstly the FAQ's are by far the best starting point as many questions DP asks are answered there and secondly (as a claimant with Monarch shortly to go to Court) I can assure you different airlines are adopting a different stance and a question re Monarch (mentioned 3 times in DP post) is best answered in the appropriate thread IMO.

Mark2spark

It's getting to the point where I simply don't have 2 hours a day, every day, to wade through posts that contain questions that have already been asked, and answered, several dozens of times. The FAQ is an ongoing starting point that is added to regularly. Please point people towards it and then go from there if there's something more difficult to answer.

BTW, a plane is just like your car when it breaks down, totally unexpected How extraordinary :rotfl:

Wishful_Thinker

I would be ever so helpful if either someone could answer the originators (Dave's) original question, or give me the link I can click on top find the information. especially the question about paying Monarch's costs if the Small Claims Court dismiss your claim. I know we are not very astute in finding our way around for the required information. Unfortunately not everyone is aware of the way round the system as are some of the main and helpful contributors to this subject. A little bit of tolerance and understanding would not go astray. We are all playing for the same team. Thank you.

Mark2spark

Try this easy to read step by step guide wishful.

https://www.gov.uk/make-court-claim-for-money/overview


1 What will be the cost and if I win will this sum be refunded. The cost depends on how much you are claiming, and is detailed in the link above. Yes, you claim this cost back if you win. (+ interest)

2 If I lose will I be responsible for Monarch airlines legal costs No, not in the way of a high court barrister's many thousands of pounds fee. There are some costs for travelling but the judge might not award them against you, if you present many valid reasons of why you are at court. The lack of proof of EC's from an airline, despite writing to them numerous times, would be good enough IMO

3 Is the case heard in my local local court and do I have any say where it is heard. Yes, if it's defended, in your local court.

4 Is it best to be present at the hearing or it is OK to rely on a written submission. You are required to attend if it is defended, or else judgement might be awarded against you in your absence (I'm not a lawyer and that answer is to the best of my nowledge, I might be wrong)

5. From applying how long afterwards is the case heard. If it's defended, the first available court date in your area. Typically 3 - 6 months.

6 Anything else I should really know before proceeding. Can't think of anything.