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How did it all start for you ?

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  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Welcome Wenner - and I'm glad the guide was useful.

    Perhaps this is a conversation better had on the easyJet thread, but what's the basis of your claim? I can see that the weather was horrid in Gatwick - loads of flights were severely delayed and cancelled. The weather in Innsbruck however seemed fine.

    Perhaps on the easyJet thread you can explain your claim - and the airline's response. My instincts say this could be tricky. Hope that's wrong!
  • Hi, yes will go on easyJet thread.
    I would like to know if anyone else from that flight is claiming compensation.
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Well here is my (shortened) story….. 26 hour delay from Palma to Mallorca thanks to Monarch. From the outset I thought I had a good chance of claiming but knew it wasn’t going to be easy so I wrote to Monarch stating that rather than paying me €500 (250 x 2) I was prepared to settle, if paid within 14 days, for €400 as quite frankly I hadn’t the time to undertake the necessary work required for a court claim. No reply from Monarch whatsoever so I then decided to take the time!

    First off I had to wait for Sturgeon which soon followed, a 14 day NBA to Monarch, no reply so an immediate MCOL. Normal 28 day period then case allocated to Worcester CC in April 2012. Bundles submitted when I noticed (14 days before hearing) that Monarch had included a Time Event in their defence to me. Although I had a 26 hour delay this actually showed the plane I was due to fly on was actually repaired and made ready for take off 5 hours before we departed. Bingo I thought …. How can Monarch claim extraordinary circumstances when there was actually nothing wrong with the plane?

    Anyway I had a four hour wait before the hearing having to listen to a naïve barrister but eventually entered the court room waving (with glee) the proof. I then found out that Monarch had, rather conveniently, missed this section out of the judge’s copy. Following a quick discussion the judge adjourned the hearing telling the barrister to go back to Monarch suggesting they may wish to re-think defending the case. I had to resubmit my bundle and ensure the judge had copies of everything and Monarch were requested to do same – they didn’t.

    So roll onto June 2012 and same court but a different judge presiding and different barrister representing Monarch. If the last barrister was naïve this one was useless!
    The judge asked the barrister to commence. Firstly he waffled on about air traffic problems (nothing to do with my case) then when the judge pointed out that he was going in the wrong direction the barrister then referred to the 5 hour gap between when the plane was repaired but didn’t take off. Firstly the barrister asked me where Palma was (I explained it was the capital city in Mallorca, the main Balearic island but this didn’t really help as he had no idea where the Balearics were) and then stated that it was quite normal for an aircraft to have a 5 hour turnaround when on a long haul flight. At this point I started laughing – the judge told me to keep quiet.

    Before I had time to even speak the judge told the barrister he had lost. I still wanted my ‘time in court’ so the judge said he would allow me to speak after he had worked out the award. So I received 250€ x 2 (rounded up to £250 x 2 by the judge), my wife went both times with me to court so we both received £90 x 4 (2 hearings), likewise we received transport and parking costs (2 hearings) and full interest. Our court and hearing costs were reimbursed. I then told the barrister he had no idea about 261/2004 and the judge pointed out that the court was not the place to be critical of the defence as basically it was the barrister who had made my position stronger. The judge apologised to me for having to go back to court a second time but stated that sometimes even large organisations will not be told.

    So initially I would have settled for €400 but all in all Monarch paid me just short of £1,000 but they had employed 2 barristers for around 7 hours, a solicitor had been involved and I would be surprised if they saw much change out of £5,000. This is basically the shortened version of events as during a 26 hour delay there was ample opportunity for Monarch to get other things wrong!
  • Wow, what a story, and you never answered that burning question about the Xmas tree lol

    Interesting that you gave Monarch the opportunity to settle for 400 Euros, reminds me of when I would have been happy with a voucher towards the cost of anither Jet2 flight, isn't it amazing how these big Companies can be so blind and stupid...

    Cheers

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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