Compensation for delayed flights Discussion Area

111KAB

111KAB wrote: »

As I have been away (Ryanair - great flights!) an update of my Monarch claim....

July 2nd/3rd - 26 hour delay
July 5th - Claim letter ~ told to wait for Sturgeon
October 23rd - further claim letter as Sturgeon ratified
October 30th - Monarch now require their form for claims so sent off with 14 day NBA
November 16th - MCOL submitted for £400 (2 pax) + £35 costs + interest - Monarch given 14 days by court to respond.
November 30th - Monarch respond (exactly on the 14 day limit) to acknowledge claim. 'Acknowledgement' gives them another 14 days.
From start to finish Monarch have put obstacles in my way and left everything until the last (legal) minute to respond.
If I 'win' the 500€ (£400) I am actually giving the money to charity - my main point in claiming was that Monarch's customer care was useless ~ had they looked after us during a 26 hour delay from Palma I doubt I would have even claimed.
It is unfortunate to note that my experience with Monarch Airlines Limited (both in July and recently) is borne out by others posting on this forum.

Court now advise that Morgan Mulay - Group Lawyer for Monarch Airlines Limited intends to defend all of my claim. My position is that the claim was made as there were technical problems with the plane due to hydraulic failure. Parts were initially ordered from Hamburg (plane was in Palma) but the wrong parts sent then the correct parts were re-ordered from the UK but when they arrived the crew had run out of time and a fresh crew had to be flown out from Manchester (we were flying back to Birmingham) the following day. All in all we had a 26 hour delay. No doubt Monarch will refer to extraordinary circumstances. Watch this space!

richardw

111KAB wrote: »

... Morgan Mulay - Group Lawyer for Monarch Airlines Limited...

FYI http://www.linkedin.com/pub/morgan-mulay/52/1a2/866

richardw

111KAB wrote: »

....the wrong parts sent... the crew had run out of time ...

Ordinary or

'Extraordinary circumstances...despite reasonable measures..' ?

Andy_International

My parents have just had a 30 hour delay courtesy of British Airways due to a technical fault with the plane. They plan to claim the compensation, but my Mum is self employed, and I was wondering whether she would be able to claim for lost-earnings as well?

Thanks

Polyglott

I thought I share my experience with CAA. I contacted them right away on October 23rd to get my almost 3 years old case moving again. I hadn't heard back from them until today, even though I emailed them a second time about 3 weeks ago.
I finally called them today. They told me that they are overwhelmed by the amount of claims which have come in since the ECJ ruling. He also told me that my case will be moved up in the pile since I have been waiting a fair amount of time already. They hope to get a letter out to British Airways next week.
Anyway, my Notice before Action was delivered to British Airways this week. I guess that legal proceedings will be launched first thing in the new year. After some nice vacation time.

racoons

Hello
Can anyone suggest what the "extraordinary Circumstance" would be to exclude a claim. I have recently had a letter from Thomas Cook stating "unforeseen significant defect which required rectification prior to flight". I questioned this by telephone complaints and explained it was not enough info for my holiday insurance cover, and the operator confirmed the plane didnt leave due to a failure of the air conditioning, which he is confirming in writing. Does anyone have an opinion as to whether this explanation if confirmed in writing would exclude my claim for compensation or help my claim?

Thanks

Mark2spark

Gobbledegeek wrote: »

On 14th November 2006 I flew from Chicago to Rome via Madrid. The flight from Madrid was delayed by more than three hours. The flights were booked through the British Airways Executive Club (the outward London-Chicago leg was flown BA, Iberia was a Oneworld partner).

I wrote to BritishAirways Customer Relations, EUCompensation Claims, POBox 5619, Sudbury,Suffolk, CO10 2PG on 7th November but have not had a reply. Am I writing to the correct address or should I write to Iberia? I still have my e-ticket.

Surely it is out of time to bring a claim? Even though you have already contacted the airline, I presume the court action has to actually be filed before the deadline of 6 years?

Mark2spark

racoons wrote: »

Hello
Can anyone suggest what the "extraordinary Circumstance" would be to exclude a claim. I have recently had a letter from Thomas Cook stating "unforeseen significant defect which required rectification prior to flight". I questioned this by telephone complaints and explained it was not enough info for my holiday insurance cover, and the operator confirmed the plane didnt leave due to a failure of the air conditioning, which he is confirming in writing. Does anyone have an opinion as to whether this explanation if confirmed in writing would exclude my claim for compensation or help my claim?

Thanks

IMO the ECJ have pretty much ruled out *anything* that goes wrong as not being a reason. Extraordinary I mean.
So that leaves lightning strikes, ash clouds, snow/ice, airport shutting, terrorism, type scenarios only.
Basically what the ECJ are saying is that even though something might break down 'on the spot', like a clutch going on a car I suppose, in itself it's not enough, and they should simply be in a position to fix it quicker.
Maybe the penny will drop with the airlines eventually. They've been very cosy on this for donkeys years, bit of a culture shock to them to have to treat people like humans, and not cattle.

racoons

ah, thanks, sounds like they give themselves plenty wriggle room, but as they treated us so badly i want to pursue this to the very end, thanks for the help> i will certainly keep trying, They have only just admitted the problem with the first flight and say they need another 14 day before they can confirm what went wrong with the second flight! so i guess im in this for the long haul!!

Sandy_Beech

This is what Thomas Cook have sent me. (This is after the previous fob off letter)!

"""""""""""xxxxxxxxxxx Dec 06 16:38 (GMT):
Dear Mr xxxxxxx


I write to acknowledge receipt of your further communication.

I am sorry that you remain unhappy with the way your complaint has been dealt with initially and the further comments you have made will certainly be considered.

Aircraft can experience technical problems that are totally unforeseen, despite all reasonable attempts to ensure they are maintained to a good standard, in line with CAA regulations. These situations can be compared to the maintenance of your own car, which can break down at any time without prior warning, regardless of it's service history, and would be considered completely beyond the owners control

Following a review of your entire case, you will be contacted again with a view to bringing this matter to a satisfactory conclusion for all concerned.

Again, we will endeavour to respond to you as quickly as possible. In the meantime, I apologise for any delay in our further reply and should you wish to contact us again please do so via xxxxxxxxxxxx

Yours sincerely

Xxxxxxxx
Customer Relations Executive



Interesting??