Compensation for delayed flights Discussion Area

williamro

Mark2spark wrote: »

Can I just ask 111KAB, whether you filed two separate MCOL claims, or a joint claim?
Just asking, seeing as Monarch are asking people to make separate claims, when clearly if it's all on one booking, then all parties should be compensated, and that the lead passenger can make this claim on their behalf.

Can somebody please explain what MCOL stands for?

greenhillsbythecoast

jamesh wrote: »

Yeah, it was. I guess they have decided to ignore any LBA.

Been away, so just wanted to check to see if anyone has had a response before sorting the Money Claim application out.

I sent a letter before action to Thomson 29/11/12 recorded delivery. Received reply 08/12/12 that they would take at least 30 days to reply and not to worry if it took longer as this is their busy period!

I have never claimed compensation before, any ideas of what to do now?

111KAB

williamro wrote: »

Can somebody please explain what MCOL stands for?

Money Claim On Line.

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

richardw

Paulagray, have Thomson already stated the reasons for the delay/cancellation?

greenhillsbythecoast

Hello Richardw, thanks for replying. Thomson did not state the reasons for the delay in the letter. The flight from Gatwick to Orlando in March 2012 was delayed by just under 6 hours. At the time Thomson pilots stated that the delay was due to a plane fault in Cancun and that our plane returning from Orlando had been diverted to Cancun to pick up those passengers.

thalia22

Mark2spark wrote: »

My post at 3756 contains links to the CAA website where their listed reasons for extraordinary circumstances differ somewhat from the list that Monarch have been sending out on their claim form.

Thanks Mark2Spark, I followed both links in 3756, I tried all the links on both pages as well, and I still could not find the table you depict. I keep going over the same items but none match the table you have depicted. Have I missed something?

I realise the green list is that of monachs, and the statement from the CAA website is only stating if it is outside the airlines conrol, with the list of only 6 items:-
political instability:
Bad weather:
Security risks:
Unexpected flight safety shortcomings:
Strikes that affect the operation of an air carrier:
Air traffic Management decisions:

All othgers are presumably sorted out in court as they are open to interpretation. But the main point it must be outside the control of the air carrier to be deemed Extraordinary circumstances.

richardw

paulagray wrote: »

Hello Richardw, thanks for replying. Thomson did not state the reasons for the delay in the letter. The flight from Gatwick to Orlando in March 2012 was delayed by just under 6 hours. At the time Thomson pilots stated that the delay was due to a plane fault in Cancun and that our plane returning from Orlando had been diverted to Cancun to pick up those passengers.

I'm guessing you need something in writing from Thomson stating the reasons before starting the small claims process.

Mark2spark

thalia22 wrote: »

Thanks Mark2Spark, I followed both links in 3756, I tried all the links on both pages as well, and I still could not find the table you depict. I keep going over the same items but none match the table you have depicted. Have I missed something?

I realise the green list is that of monachs, and the statement from the CAA website is only stating if it is outside the airlines conrol, with the list of only 6 items:-
political instability:
Bad weather:
Security risks:
Unexpected flight safety shortcomings:
Strikes that affect the operation of an air carrier:
Air traffic Management decisions:

All othgers are presumably sorted out in court as they are open to interpretation. But the main point it must be outside the control of the air carrier to be deemed Extraordinary circumstances.

Hi Thalia,
I'm not sure what you are trying to establish.
The point of the post, at 3756, is to show up that the CAA are only listing the 6 items that you have posted above, whereas Monarch have introduced their own version of what the CAA say. Monarch have added items that are not true, in an attempt, IMO, to put people off claiming.

The ECJ ruling is saying, regarding Extraordinary Circumstances, that the breakdown, or failure, of a working part of an aircraft, is not an extraordinary circumstance, because it is within the airlines control, to fix the problem. (and to get it fixed and on your way quicker)
Whereas the airline can't be held to be in control of the problem, if it is something like 6 inches of snow on a runway, forcing the airport authority to close the runways.

Hope this helps,
Mark

spaceaarvark

richardw wrote: »

I'm guessing you need something in writing from Thomson stating the reasons before starting the small claims process.

PaulaGray's qustion is a good one (and one that I am expecting to need the answer to any day, when Thomson get around to replying to me...).

In their reply to Paulagray, Thomson seem to be saying "can't reply now, will reply sometime, but don't hold your breath!". It is pretty open ended to say "might be more than 30 days because this is our busy period" - as if the people dealing with complaints are the same people who are taking bookings - or are they saying this is their busy period for complaints?!

Having given them 14 days to respond in the first place, and received a non-answer, isn't the best course to say "not good enough - I'll give you one more chance to give me a proper reply and then it's the courts".

Otherwise they can just hold us off forever with their "busy right nows".

williamro

spaceaarvark wrote: »

PaulaGray's qustion is a good one (and one that I am expecting to need the answer to any day, when Thomson get around to replying to me...).

Having given them 14 days to respond in the first place, and received a non-answer, isn't the best course to say "not good enough - I'll give you one more chance to give me a proper reply and then it's the courts".

Otherwise they can just hold us off forever with their "busy right nows".

Trouble is if you are getting close to 6 year limitation period and do not have a reason from the airline and you apply to Court but later the airline produce a genuine extraordinary event then you will have lost your Court fee.