Compensation for delayed flights Discussion Area

cheddy

Hello

First post alert!! I was looking for some advice and stumbled across this forum, it seems like there are some lovely people giving advice here, so thought I'd be cheeky and quickly ask for some advice!!

We were due to leave Paphos airport on 29th August at 18:00 with Monarch (going to Manchester)....we got to the airport and was told the flight was cancelled for 11 hours because of a fault with the plane, we were put up in a hotel, and the flight actually left at around 06:00 on the 30th August.

Before we knew any of this business about court rulings and such, we emailed Monarch to ask for compensation, and they've offered £50 off flights next year...which we haven't yet accepted, because I think it's insulting!!

Any advice would be greatly greatly appreciated!


thank you SO MUCH in advance

suelees1

Mark2spark wrote: »

I'm working through the claim form from Monarch this morning. It appears to be a red tape exercise that they hope you'll give up on. Each passenger has to fill in their own claim form (even though it's just one booking?) with copies of passport picture pages, and copies (one each, so duplicated) of the original booking, - which if you've booked online will still be in your 'my bookings' section with Monarch.
Two pages, pics attached:

Sorry about this but I've read some posts which seem to be about a similar claim to ours but can't find the threads/posts now. In my case I booked Monarch flights for three adults MAN to PMI which was delayed >5hours. I'm about to re-write my initial claim letter to the company. They'd initially responded to my earlier letter advising me to write again after any ruling. Are they likely to want boarding passes for all three (which I don't have)?

111KAB

Suelees - No if you read form they require boarding cards (passes) OR original booking confirmation. You may well have the latter stored in your computer files or you may be able to go back to the Monarch website and obtain via 'manage my booking'.
From experience when you contact them again they introduce a further delay be sending out the forms you have copied above.

suelees1

Oh blimey 111KAB I didn't read that bit (and I'm usually the first one to tut when others post daft questions!!) so thanks very much.

I still have the confirmation on my pc so I'll send it along with three forms and mention in my covering letter that I trust they'll not feel the need to send them out to me for completion again.

So this will be my final letter before action specifying the period in which I expect the compensation payment?

suelees1

I've briefly mentioned this claims company on here before....has anyone else had any dealings? Their fees are very reasonable - in fact they seem too reasonable :cool:

http://www.flight-delayed.co.uk/#/home/

111KAB

suelees1 wrote: »

Oh blimey 111KAB I didn't read that bit (and I'm usually the first one to tut when others post daft questions!!) so thanks very much.

I still have the confirmation on my pc so I'll send it along with three forms and mention in my covering letter that I trust they'll not feel the need to send them out to me for completion again.

So this will be my final letter before action specifying the period in which I expect the compensation payment?

You will need 3 forms and you will need to copy the booking confirmation three times. They require a form for each individual which should have attached a booking confirmation and the relevant passport page.
Forms (and attachments) can then be bundled together and sent with covering letter if you wish by obtaining proof of posting from post office.
Your covering letter can refer to the period in which you require resolution (14 days) or possibly (in your case as you have already written to them/alerted them) you can make reference to it being a Notice before Action again stating a time period in which, if the don't sort out to your satisfaction, you will take the matter to Court.

111KAB

suelees1 wrote: »

I've briefly mentioned this claims company on here before....has anyone else had any dealings? Their fees are very reasonable - in fact they seem too reasonable :cool:

http://www.flight-delayed.co.uk/#/home/

Not had any dealings but have examined their website. Appears to me that their initial fees are reasonable however seems to hinge on the fact that they approach airline with the facts and subject to all the factors of the delay being correct (ie technical problem, over 3 hours etc etc) they expect the airline to just pay out there and then.
As we know this is unlikely to be the case.

Mark2spark

111KAB wrote: »

Suelees - No if you read form they require boarding cards (passes) OR original booking confirmation. You may well have the latter stored in your computer files or you may be able to go back to the Monarch website and obtain via 'manage my booking'.

Just my way of thinking, but if anyone still has this original booking confirmation stored under 'my bookings' or whatever, I would say print it off NOW... otherwise it might disappear and you'll find the airline can't pay out as you don't have the documentation :undecided
Or at least another obstacle has been laid in your path for you to overcome.

Mark2spark

Centipede100 wrote: »

At first reading you seem to have a valid claim for flight delay compensation of 400 euros per passenger.

You would need to write to Monarch stating your PNR/booking ref and the flight number/dates involved.

There are a number of different methods to pursue your claim for delay compensation now that judgement has been handed down on October 23rd:

1. You can hand your claim over to a claims handling company to deal with on your behalf. This will mean that you would forfeit between 25-30% of the value of your claim to the claim handling company.
2. You can check whether you have access to legal expenses cover via either your household contents insurance policy, or credit card provider or travel insurance. You would then hand over the claim to them but in this instance you would, if successful, retain the whole value of the claim.
3. You can pursue your claim on your own. This will not be a simple letter-writing exercise as airlines will vigorously defend all such claims and I fully expect that claimants will not just have to threaten court action but will have to go to small claims court and have the case heard in front of a District Judge. The airlines will employ legal counsel in such cases so this is not a straightforward route unless you are prepared to put in considerable time, researching and preparing your claim. You will also have to pay the appropriate court fees in advance which are of course repaid to you by the airline in the event that you win the case. Cases will take between 6-9 months from start of launch of claim to a hearing or judgement being handed down so this method requires patience and tenacity in equal measure. Remember too that there are likely to be a large backlog of claims built up whilst the legal stay has been in place which will delay resolution still further.

The following template letter can be adapted to your individual circumstances to send to the airline with your claim for delay compensation. This example was written for a Monarch passenger but it can be adapted for other airlines and circumstances:

Mr Geoff Atkinson
Monarch Airlines Ltd
Prospect House
Prospect Way
London Luton Airport
Luton
LU2 9NU

Dear Mr Atkinson

Delayed Flight Compensation
Flight number: (insert here)
Date: (insert here)
Booking Ref: (insert here)
Passenger names: (insert here)
Amount claimed: 250/400/600 (delete as applicable) euros per passenger

I am writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving xxxx and we arrived in xxxx some xx hours after the scheduled arrival time.

I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and I wish to proceed with my claim.

We were informed that the flight was delayed overnight due to 'technical difficulties with the aircraft.' Since technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me within 14 days of the date of this letter.

Should you neither settle my claim in full nor provide a full defence to my claim within the above timescale, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours sincerely

xxxxx


Only send this, however, if you are going to take one of the 3 routes above. If you have no intention of pursuing the claim, including taking it to court, then you are wasting your time.

The airline may still be able to prove a valid defence of "extraordinary circumstances" in a number of cases so it is worth researching/checking whether there is a likelihood of this defence holding up "on the balance of probabilities" which is the legal test used in the County Court small claims track under which most claims will be heard.

Cheddy, further to Centipede's excellent advice, you could also simply write to Monarch and ask for the claim form to be sent to you, (as shown in my copied post) which they will undoubtedly ask for to be filled in anyway.

Mark2spark

LBD wrote: »

Got a reply from the claims unit!!!

Hi,

Thank you for your completed claim forms. However the cover letter does state that any adult passenger over the age of 16 needs to complete and sign their own form.

I have attached another form for you.

Please make sure all 3 forms are signed by each passenger.

Many thanks.

Katie Green
EU Claims Advisor
Monarch Airlines
Tel: +44 (0) 1582 531712



Am a little confused as it was 1 booking and not 3 separate bookings, all names are on the original paperwork and filled in a claim form and put all 3 names on it, also included all 3 names in my letter...also included the boarding cards ( copies)...

My thinking this is another prevarication tactic by Monarch, I will fill in for the other 2 and email back....

Does this mean as they are insisting on 3 separate claim form that the court claim will have to be 3 separate claims as well?

Daft question I know, but am not sure...thanks

IMO yes. I'm not a lawyer though. That's an off the cuff answer. I would look on the Courtservice website and start looking at the rules and regs for a small claims (online) and see if a joint claim can be made. Don't forget your local CAB have a list of solicitors that do an initial free half hour appointment (in the hope of more business of course) and you can go armed with a list of these type of questions and get some answers. (before perhaps deciding to instruct the sol to pursue your claim, as of course the airline would have to pay costs. This is only if the airline disputes the claim of course. Any claimant has to get the airline to put in writing *the reason* for not paying up any compo before you would go to court. All IMO)