Compensation for delayed flights Discussion Area

Mark2spark

kevjen wrote: »

In June 2010 I was delayed for seven hours on a monarch flight, I wrote to Monarch to asked for compensation under the EU laws. Monarch refused compensation saying that it was not covered, after several letters and months, I put the matter into the county court. Before it could be heard, the airlines asked for a judicial review of the law, which meant that the case was stayed. When this had finally been completed and the airlines had lost the case, I wrote to Monarch again asking for compensation, once again they refused stating that because of technical difficulties we were not covered under EU rules. This is the first time that they have used technical reason, in the last 2yrs 8 months to refused compensation. I know that they can not just refuse to pay, just because of technical reasons. Therefore it looks like I will have to go to court to get the matter settled. I am trying to find out how to check that the Sunday flight that I was on was not delayed previously, or since June 2010, I do have one instance when my friend flew on the same flight some weeks later and their flight was delayed, just like ours was. Also I would like to know if anyone was on the same flight as ours, and is experiencing the same treatment as I am from Monarch, or have been paid compensation for Flight ZB660 which flew from Manchester on the 6th June 2010 at 15.45pm. I would grateful if anyone could in anyway with this matter, I need to have as much information when I go to court.

The type of info you are seeking will not affect the judges reasoning in your case. The Wallentin-Hermann judgement mentions this, which is to your detriment.
"2. The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded."

Mark2spark

sarahb161 wrote: »

Could I just ask a quick question - can anyone tell me whether I can claim compensation for an infant, as part of our party? Obviously she didn't have a seat, as was 3 months old, but was still a delayed passenger - do I include her as a member of our party?

It would seem to indicate that she is a paying passenger.
This would certainly be a test case IMO

Mark2spark

sarahb161 wrote: »

and one more question! Having had compensation declined by Monarch, I am moving on to starting court action. I have just read about adding interest to the amount you are claiming at a rate of 8%. Do I work this out from the date of the flight, or from the date I initially submitted the claim?

Date of the delay, this is the point in which the money became owed to you.

williamro

I think it would be helpful, particularly to new would be claimants, if links could be provided on the FAQs to all airline specific threads.

Mark2spark

You gotta be kidding william? They are all labelled in the titles, if you have the main forum in front of you on your screen it's there?

JPears

Me thinks it is time for this thread to be locked? There is more than enough information on. Yes it is a long read, but if you can't be bothered you wont get anywhere claiming against an airline ......

lewisjoshua

Can anyone help:( I was delayed over 30 hours flying from newcastle to paphos June 2007. The airline Flyjet has now ceased, can I still claim if it was a problem with the engine? But I dont have the flight number or any paperwork from 2007!
Thank you in advance!!

111KAB

lewisjoshua wrote: »

Can anyone help:( I was delayed over 30 hours flying from newcastle to paphos June 2007. The airline Flyjet has now ceased, can I still claim if it was a problem with the engine? But I dont have the flight number or any paperwork from 2007!
Thank you in advance!!

As mentioned in FAQ's if airline gone bust you cannot claim.

Wendolina

Thank you very much MSE. I received a phone call yesterday from the CAA who informed me that they had a cheque for me for £670 from Thomas Cook for a delayed flight (11hours) last June.
I first started pursuing this after reading the weekly email about it last November. It has taken a few emails and letters but well worth it. I am now waiting for a response from Monarch regarding another delay last year. I hope I get the same result.:T

111KAB

Wendolina wrote: »

I am now waiting for a response from Monarch regarding another delay last year. I hope I get the same result.:T

Bet you don't ~ Monarch are just not paying out.