Court success thread

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  • Lil_Me_2
    Lil_Me_2 Posts: 2,664 Forumite
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    I'd missed this post when it was originally posted, but another one where Virgin paid up after court procedures were started - http://forums.moneysavingexpert.com/showpost.php?p=60813733&postcount=176
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    edited 4 June 2013 at 5:17PM
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    On 3rd/4th July 2012 my wife and I suffered a delay in excess of 3 hours due to a technical problem on a Monarch Airlines flight from Palma de Mallorca. The airline claimed the technical problem was an extraordinary circumstance and as such they were not obliged to pay us any compensation.

    The compensation sought was 500€ being 250€ each. Monarch Airlines refused to pay compensation so accordingly we submitted a claim via MCOL (Money Claim on-line) and attended Worcester County Court with a Monarch Airlines Barrister on 4th April 2013. Monarch Airlines submitted their evidence late and they 'forgot' to include a relevant page in the Judge's copy of evidence.

    Consequently the Judge ordered another hearing for June 4th 2013. Again Monarch Airlines failed to submit their evidence correctly. Monarch Airlines were again represented by a Barrister, Mr Virk. The Defendant was allowed to state the Monarch Airlines case first and to be quite honest it was completely lacking. I tried to interrupt as Mr Virk's statement included comments which were totally incorrect. The judge asked that I keep quiet and allow the Defendant to state the Monarch Airlines case.

    Following this I fully expected to be allowed 'my time inCourt' however the Judge then ruled before I could get a word in. He stated that the Monarch Airlines defence was completely and utterly incorrect and that a technical problem could not be regarded as an extraordinary circumstance. Accordingly he awarded us the compensation plus 5% interest thereon from the date of delay, reimbursement of our court and hearing costs, travelling expenses including car parking fees, an allowance for attending court and a loss of earnings provision in respect of my wife attending court.

    For various reasons I cannot release all the details due to the future involvement of two newspapers however there will be a press release within 24 hours where I will mention the people who assisted me (you know whoyou are) throughout the past 11 months. I still fail to understand why Monarch Airlines sought to defend a case they had no chance of winning and spent thousands of pounds instead of just settling the 500€ from day one. The fact they chose to do so I see as a bully boy tactic and I'm glad the judge agreed!
  • JPears
    JPears Posts: 5,086 Forumite
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    Many congrats. Have you posted details of your technical problem previously?
    You win some, I lose some :)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • catoutthebag
    catoutthebag Posts: 2,216 Forumite
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    will you be selling your success story to the papers :j
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    JPears wrote: »
    Have you posted details of your technical problem previously?

    In my case the Judge was of the opinion that a technical problem was not an extraordinary circumstance ie a plane has millions of components, they are highly complex machines and of course, every minute of the day, they are going to have a problem which may lead to a delay. It is how the airlines deal with the delay that is the crux of the problem. If the delay is over 3 hours you are entitled to be compensated.
    For the record the problem with my Airbus was a hydraulic leak. As most functions on a plane (other than power) are hydraulically operated it stands to reason they are going to fail from time to time.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    catoutthebag wrote: »
    will you be selling your success story to the papers :j

    Agency dealing - income goes to a charity.
  • romanby1
    romanby1 Posts: 294 Forumite
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    Message for 111KAB. Congratulations.
    Can you give a link to the Press Release when it is published. I am sure it will be of interest to many on this forum
  • Dr_Watson
    Dr_Watson Posts: 451 Forumite
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    Dr_Watson wrote: »
    Ryanair have got until the 28th of this month to reply in my case. Not heard anything back yet......
    I'll keep in touch.

    No reply from Ryanair at all so time is up. I move on with the procedure. Again I'll keep you all posted.
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    Current known score:-
    Dr Watson 35 - 0 Ryanair / Ince and Co

    Go to post 622 on the Ryanair thread to read how to sue them safely.
  • romanby1
    romanby1 Posts: 294 Forumite
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    Good News.
    It isn't exactly a court success ,but yesterday we received a letter from Thomsons with an offer to settle.
    We have accepted on the proviso that the money is in our account by the end of next week otherwise we will be sending the documents for the hearing to the court.
    We haven't got everything we asked for but a good offer.
    We are puzzled why they did not wait for us to send the documents to them that we were going tor rely on in court.
    If you have a good case don't be put off by Red Herings like the 2 year rule and The Montreal Convention etc or other rubbish defences of Extraordinary Circumstances where it is clearly not.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    romanby1 wrote: »
    Good News.
    It isn't exactly a court success ,but yesterday we received a letter from Thomsons with an offer to settle.
    We have accepted on the proviso that the money is in our account by the end of next week otherwise we will be sending the documents for the hearing to the court.
    We haven't got everything we asked for but a good offer.
    We are puzzled why they did not wait for us to send the documents to them that we were going tor rely on in court.
    If you have a good case don't be put off by Red Herings like the 2 year rule and The Montreal Convention etc or other rubbish defences of Extraordinary Circumstances where it is clearly not.

    Congratulations - how good an offer? ;)
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