Delay due to earlier flight.

I am hoping someone with better knowledge can advise if I have a valid case please?

Our Monarch aircraft was diverted from Gibraltar to Malaga to pick up passengers due to poor weather in Gibraltar. Hence, the aircraft was not available for our flight from Luton to Dalaman. As a result, our flight was delayed by just over 5 hours. Is this a case of 'knock-on'?

We were refused compensation earlier but I want to have another go and time is running out.

I have read Vauban's guide and believe I have a slim chance but will likely have to go through court. I would just like someone else's opinion on whether there is a likely/unlikely chance of success please.

Any advice and guidance would be very much appreciated. Thanks

Comments

  • 111KAB
    111KAB Posts: 3,645
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    Monarch's (knock-on) problem should not be your problem. I do not believe you have a 'slim chance' but that really depends - if the matter does go to court (which I doubt) upon your presentation/understanding of why you are entitled to be compensated.
    Future posts on Monarch thread please.
  • silversue_2
    silversue_2 Posts: 51 Forumite
    edited 17 February 2017 at 12:12PM
    I see you've moved it. Many thanks.
  • 111KAB wrote: »
    Monarch's (knock-on) problem should not be your problem. I do not believe you have a 'slim chance' but that really depends - if the matter does go to court (which I doubt) upon your presentation/understanding of why you are entitled to be compensated.
    Future posts on Monarch thread please.

    Hi 111KAB, Many thanks for your reply. When you say you do not believe I have a slim chance - are you saying 'I have a better than slim chance' or 'more likely no chance' please?
  • If your delay was caused by a previous flight not arriving on time for your flight and as a result you arrived at your destination more than 3 hours late you are due compensation. Do as Vaubans Guide suggests and write a letter before action give them 14 days and then off to court. When was your flight? You are due €400 per passenger.
  • 111KAB
    111KAB Posts: 3,645
    Combo Breaker First Post
    Forumite
    111KAB wrote: »
    Monarch's (knock-on) problem should not be your problem. I do not believe you have a 'slim chance' but that really depends - if the matter does go to court (which I doubt) upon your presentation/understanding of why you are entitled to be compensated.
    Future posts on Monarch thread please.

    You mentioned that you believed you have a slim case however I believe you have a strong case .... if you go about it properly.
  • silversue_2
    silversue_2 Posts: 51 Forumite
    edited 17 February 2017 at 5:37PM
    thanks Justice13075 and 111KAB. I have started a case on Resolver. I'll keep this thread updated. So far they have asked for us to complete their form and send with passports, booking confirmation, flight itinerary and/or boarding cards. We don't have the boarding cards. They said they would reply within 28 days however, resolver says they have 8 days until escalation, which I will adhere to. The flight was May 2011 so time is tight. It was 5 hours 10 mins late arriving; journey was 2840kms, so I am asking for ticket refund in addition to compensation. Did I understand that correctly? Thanks
  • Forget resolver Monarch will drag this out so you wont get anything. Write a letter before action right away as per Vaubans guide give them the 14 days and start court proceedings on day 15. If you don't start court proceedings you will not get a penny. If you live in Scotland your too late anyway.
  • 111KAB
    111KAB Posts: 3,645
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    edited 17 February 2017 at 6:46PM
    SHOULD BE ON MONARCH THREAD - you are only entitled to 261/2004 compensation and no refund of ticket price - do not complicate Monarch claim form giving them the perfect reason to delay (again!). As Justice states .... forget Resolver, read Vauban's Guide and 'sort them out'.


    May I just add that I - and others - advised you of all this in June 2013. If you did not have the confidence to proceed with your claim at that stage you could have considered using a NWNF. That chance has now passed and indeed it is too late in the day to sensibly progress through Resolver.


    I have messaged you details of a suggestion of how to pursue but in essence a MCOL is (as Justice indicates) the only way to resolve ..... or - as Monarch want - you can walk away.
  • Many thanks Justice13075 and 111Kab. I will proceed along those lines. In 2013 I was unable to go this far but I am now in a position to address it. I really appreciate your advice and Guidance. Thank you so much.

    Is this not on Monarch thread?? I thought it was..... how can I move it there please?
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