Compensation for delayed flights Discussion Area

Mark2spark

cart583 wrote: »

does anyone have email address for monarch that i can email to ask for them to send me claim forms via email that i can download and print off to save time them posting as i am aware they are dragging their heels. thankyou

Faq's above contain a link where you can download the claim form.

I've just replied to your same question on the Monarch FB page lol

cart583

yeah that was me thanks mark x

WestHamDaz

liviboy wrote: »

As you'll see from my earlier posts - I submitted my initial claim to BA on 1st November (2 seperate claims for 2 seperate flights).

Like you I have had no acknowledgement or follow up.

They were chased up on the 26th November (after the intial 14 day time to settle).

Knowing they were backed up I held off doing anything during December.

I have issued an LBA inviting them to settle within 28 days and this was signed-for on Monday. I also e-mailed them with the chase-up.

I did want to hold off filing my LBA but felt after over 9 weeks of waiting with not even an acknowledgement I needed to show that I still exist and am still claiming the compensation due to me.

Obviously I would rather hold off going to court (living in Scotland, the small claims procedure is a bit more complicated than England's MCOL..it's also quite expensive due to the level of compensation owed). I believe BA will do the right thing in the end (hopefully they will as I'm looking to book flights in August with them and could do with the money...) and so I'm now happy to wait out my 28 days (even extend to 28 working days) for a response from them before heading down to my local court house.

read my post from yesterday a couple of pages back regarding my experience with BA

rusty_frog

Mark2spark wrote: »

One for the CAA to confirm or deny I would say.
IMO, no. But I don't have to pay to take them to court and pay their costs if the case is lost.

Now there is something which I dont think has been discussed at any length!
(sorry if I am wrong!)

Assume that we are using either MCOL or Small Claims Court.
If the defending airline employs the best and most famous specialist lawyer from Philadelphia, and assuming the judge rules in their favour, do we have to pay this cost or is there a fixed amount?

cart583

where can i get info about actual arrival time of flight please? thanks

111KAB

cart583 wrote: »

where can i get info about actual arrival time of flight please? thanks

Flight stats - 5 posts before yours!

Brandnew_2

111KAB wrote: »

Point 1 ~ Hydraulic failure = technical problem which does not = extraordinary circumstance.
Point 2 ~ Wouldn't be suprised if this was an Airbus however even if not hydraulic failures are commonplace on aircraft.

Best to stick to the 'legal'reason for denouncing extraordinary circumstance unless you want to get into a long-winded document as to the daily hydraulic failures on planes.

Edit ... apologies to Flybe ~ they have no Airbus planes within their fleet!

So having emailed Flybe back to state it's not extraordinary, thy responded:

"Should a technical fault occur during flight and force an unexpected diversion, this can be classed as an extraordinary circumstance."

Thoughts?

111KAB

Brandnew wrote: »

So having emailed Flybe back to state it's not extraordinary, thy responded:

"Should a technical fault occur during flight and force an unexpected diversion, this can be classed as an extraordinary circumstance."

Thoughts?

Yes - I would ask them to quote from the legal document that enforces this! Keep your powder dry at the moment but you could quote Article 5(3) of Regulation No 261/2004

cart583

thanks, it actually says scheduled departure time was 8.17pm but we were due to depart at 9.15am that day but our booking confirmation says that anyway so shouldnt be a problem.

Dave_TH

I have now got a reply from TC stating I should have claimed "within" 28 days of my return for compensation, despite their staff handing out leaflets saying we had to claim from our own insurers, I have replied saying they MUST reconsider this due to the above and that their conditions DO NOT overrule EU law, failure to do so will result in me issuing a LBA , (no point in beating about the bush, lets get down to the point)