50% reduction in claim for delay between 3 and 4 hours

Mark2spark

It seems that only Monarch are playing the reduced by 50% game.
But it's neither here nor there, as Vauban says.
This is a simple civil matter.
Someone owes you money, so you write and ask them for it. If they don't pay up within 14 days (or so) then write again and tell them that you'll take them to court if they don't pay up.
If they still haven't paid within 14 days then indeed, take them to court.

It's no different to any other civil matter in the UK. Just because it's an airline it doesn't mean that they make the rules.

BillLucas

I have received a reply from the CAA concerning the 50% reduction in my claim for a delay between 3 and 4 hours. They have stated they cannot see any justification for this action, but cannot act as the flight in question was from Spanish territories. They have recommend I contact their equilvant in Madrid (Spanish CAA) with all the details to see if they can act as this is a legal issue and not one of extraordinary circumstances. They are hopeful that their Spanish authorities will take up the matter with Monarch and request them to pay up in full. If then no postive outcome is given by Monarch I should then persue the matter in the Small Claims Court presenting both sets of documentation as evidet. I wrote to the Spanish CAA on Friday and will wait for their response before going any further. Maybe by that time some other cases on the isuue will have been heard in court and the outcome will be in favour of the claiments.

111KAB

BillLucas wrote: »

I have received a reply from the CAA concerning the 50% reduction in my claim for a delay between 3 and 4 hours. They have stated they cannot see any justification for this action, but cannot act as the flight in question was from Spanish territories. They have recommend I contact their equilvant in Madrid (Spanish CAA) with all the details to see if they can act as this is a legal issue and not one of extraordinary circumstances. They are hopeful that their Spanish authorities will take up the matter with Monarch and request them to pay up in full. If then no postive outcome is given by Monarch I should then persue the matter in the Small Claims Court presenting both sets of documentation as evidet. I wrote to the Spanish CAA on Friday and will wait for their response before going any further. Maybe by that time some other cases on the isuue will have been heard in court and the outcome will be in favour of the claiments.

Took me 132 days to get reply from Madrid (in my favour) but Judge would not allow letter to be accepted as evidence as he said Spanish NEB have no jurisdiction over UK Courts. Waste of time if you wait for this.

stavros42

111KAB wrote: »

Took me 132 days to get reply from Madrid (in my favour) but Judge would not allow letter to be accepted as evidence as he said Spanish NEB have no jurisdiction over UK Courts. Waste of time if you wait for this.

I would suggest to anybody don't go down the CAA route, this is a complete and utter waste of your time. This organisation has no legal authority only an opinion and are a bunch of spineless so & so's who will not take the airlines to task because they are funded by the airlines, conflict of interest me thinks.

TomLikesSausages

Has anyone receive full compensation payemnt from Monarch for delays of between 3 and 4 hours or are they cutting all claims for delays within this period by 50%. Also has anyone else managed to get Monarch to change their mind on this subject when issuuing court proceedings.

Mark2spark

TomLikesSausages wrote: »

Has anyone receive full compensation payemnt from Monarch for delays of between 3 and 4 hours or are they cutting all claims for delays within this period by 50%. Also has anyone else managed to get Monarch to change their mind on this subject when issuuing court proceedings.

Yes, somewhere in the Monarch thread, there is a success story of someone who took Monarch to court over it (from memory)

Vauban

Mark2spark wrote: »

Yes, somewhere in the Monarch thread, there is a success story of someone who took Monarch to court over it (from memory)

It's in the court success thread. Someone started a legal action, and Monarch offered no defence. What a surprise!

PaulPonting

I am still persuing my claim against Monarch for the full compensation rather than the 50% reduction that they have sent, As my flight originated in Spanish territory I have now received a response from AESA who confirm that for flights under 3500 km with delays between 3 and 4 hours ,there is no justification in reducing my claim by 50%. They have written to Monarch informing them that is the case and "ordered" them to settle in full. That was 2 weeks ago but Monarch continue to ignore everyone. The CAA (suprise suprise!!) do not want to commit themselves on this subject. I have today written to the European Parliament asking them for their ruling on this subject. Whether thay answer remains to be seen. I am fully aware that I should take the matter to court but I am reluctant to take this step as the total amount owing in question is 400 Euros. Whilst this is not a great sum of money it is the principle that Monarch are getting away with it that is making me continue to persue my claim. I have noticed there are are other contributors on this forum who have suffered the same treatment. Have they or anybody else had any luck in obtaining full settlerment after protesting to monarch or are you persuing any other action.This is not a case of extraordinary circumstances but in my view a clear case of flouting the law in accordance with EC 261/2004. Any feedback will be very welcome. Thank you.

Vauban

I recall someone doing this, and Monarch folding immediately. As there is no legal justification for it, it is impossible to defend.

Unless you like writing letters, Paul, just start the court action. It is forty quid, which you will get back sharpish.

Edit: here's the link - https://forums.moneysavingexpert.com/discussion/comment/61315887#Comment_61315887

TwoSeniorCitizens

PaulPonting wrote: »

I am still persuing my claim against Monarch for the full compensation rather than the 50% reduction that they have sent, As my flight originated in Spanish territory I have now received a response from AESA who confirm that for flights under 3500 km with delays between 3 and 4 hours ,there is no justification in reducing my claim by 50%. They have written to Monarch informing them that is the case and "ordered" them to settle in full. That was 2 weeks ago but Monarch continue to ignore everyone. The CAA (suprise suprise!!) do not want to commit themselves on this subject. I have today written to the European Parliament asking them for their ruling on this subject. Whether thay answer remains to be seen. I am fully aware that I should take the matter to court but I am reluctant to take this step as the total amount owing in question is 400 Euros. Whilst this is not a great sum of money it is the principle that Monarch are getting away with it that is making me continue to persue my claim. I have noticed there are are other contributors on this forum who have suffered the same treatment. Have they or anybody else had any luck in obtaining full settlerment after protesting to monarch or are you persuing any other action.This is not a case of extraordinary circumstances but in my view a clear case of flouting the law in accordance with EC 261/2004. Any feedback will be very welcome. Thank you.

Please excuse me as I am new to this forum so hope I am posting in the correct place. we have been in dispute with Monarch for months now about a 50% reduction in our compensation fora 3 hours 45 minutes from a Spanish Airport in 2010. I am pleased to see someone is trying to take some positive action and have noted that the Spanish authorities agree that a reduction is not justified under EC261/2004.Maybe approaching the Europen parliament as above might get an answer in the long term!! Monarch have refused to budge on our claim, but we have told them to keep the case open. I am aware that the obvious option is to take the matter to court. I am Senior citizen and a couple of years ago I would not have hestitated to take this course. Unfortuneately my husband health has deteriorated andhis long term prognosis is not good so as you can appreciate my husband comes first .It not only a question of the money I don't see why Monarch should get away with what seems to be a clear case of breaking the law. They obviously are aware that people like us are not in a position to take the matter any further. Has there been a case that has gone to Court on the issue of a 50% reduction. All I can see where Monarch have settled before the case reaches court which leaves me in my current circumstances in limbo. I will watch this space with interest to see what happens to others. I have also posted a thread on a site relating to the CAA who unlike the Spanish authorities seem unwilling to put something in writing on their web site about this subject which would clearly assist claimants if they did so.All I get from them is the flight was from Spain and they are unwilling to be quoted on their position on this general issue. If they amended their websiteto show there is no justication for anty reduction in compensation it might force Monarch hand. perhaps Monarch only settle fully when the flights are from the UK