Monarch delays & Compensations. Listed flights denied in O.P.

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  • LBD
    LBD Posts: 261 Forumite
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    romanby1 wrote: »
    Do you mean the Monarch Airlines site? If so why?
    You could try a pseudonym.

    Lol yes I do, and it would do no good, the second you start making suggestions to people about to too claim the compen, ha ha you are off the site............lol:p
  • LBD
    LBD Posts: 261 Forumite
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    Vauban wrote: »
    Oh LBD - you are clearly a naughty woman!

    Moi??? ha ha ha as if......lol:A
  • LBD
    LBD Posts: 261 Forumite
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    Mark2spark wrote: »

    tech problems that arise almost daily, certainly weekly.
    Reasonable measures and all that... ;)


    But of course pm your email and I will send it over........lol
  • LBD
    LBD Posts: 261 Forumite
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    I really dont see what all the fuss was about...... all I said was

    plane 7 hours late...........court submissions late.........barrister late........ court ordered compen late...........

    nothing nasty there, all true :):) oh yes I pointed people in the direction fothis site. for help and assistance and offered the same......they did nto appreciate it. for some strange reason........#
  • LBD
    LBD Posts: 261 Forumite
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    ionuttd wrote: »
    This is the response I got from Monarch by email...can you please advise what to do next,really want to pursue this as the flight was delayed by more than 9 hrs,yes we we're given 2 vouchers of £10 each(me and my partner) but that doesn't compensate in any way as we lost one whiole day of our holiday, we reached Rhodes at midnight and reached hotel at 1:30 pm...

    Don't really know what to do next.

    Many thanks in advance
    John

    ''Dear .......

    Re: MON7014 London Gatwick to Rhodes 09th May 2012

    Further to your claim for delay compensation, we are writing to advise the outcome of our investigation into your case.

    Monarch Airlines aims as its first priority to provide its passengers with a safe and efficient service. We would like to reassure you that every reasonable effort is made to ensure that our flights depart on time and in the unlikely event we are unable to do so through disruption, we aim to provide a solution at the earliest opportunity.

    As previously advised, in some circumstances passengers may be entitled to compensation for delay arising from such disruption under European Union laws. However, any monetary payments are subject to certain criteria being satisfied. Under these laws where the disruption is caused by an ‘extraordinary circumstance’ which the airline was reasonably unable to prevent, the carrier is not obliged to pay compensation. Extraordinary circumstances have been defined by the courts and the European Regulations themselves provide a non-exhaustive list of which circumstances can indeed be categorised as extraordinary.

    Our records show that the aircraft scheduled to operate your flight suffered a partial instrument failure while en route to Palma on its previous flight. erm key here pprevious......This prevented the aircraft from returning to London Gatwick as there was low visibility at the airport. The flight was diverted to Manchester where the instrument was replaced. Having completed repairs, the flight continued to London Gatwick and thus incurred the delay to the scheduled time of departure of your flight. Despite our best efforts, we were unable to transfer passengers to an alternative aircraft from within our fleet.

    Having considered the factual background of this case, we are satisfied that the disruption was caused by an extraordinary circumstance that could not have reasonably been prevented by Monarch Airlines. We are, therefore, unable to accept your claim for compensation for the reasons given.

    Yours sincerely

    Hayley Taylor
    EU Claims
    Monarch Airlines
    Tel : 01582 531712''


    Key word previous......

    just send a response back, you have 14 days in which to make payment failure ot comply will result in county court paperwork being submitted........:T:T
  • 433Barbara
    433Barbara Posts: 65 Forumite
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    When sending a Notice Before Action (NBA) is it wise to state why you are contending their refusal to claim, in the hope that they know that you know your stuff and that they contend before court etc?

    For instance:

    Flight affected was on plane previous to my flight
    The EC they are claiming is not an EC as per Wallentin
    Flight was delayed 10+ hrs so plenty of time to put in other measures

    Also is there any draft/example witness statement anywhere please (obviously with data sensitive stuff removed)?

    thanks
  • russetred
    russetred Posts: 1,334 Forumite
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    Just a quick hello to all on here. Monarch Cheque for £3427.77 cleared today!
    Good luck to any getting ready for court.
    "Sometimes life sucks....but the alternative is unacceptable."
  • Bugsy5
    Bugsy5 Posts: 3 Newbie
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    I have started proceedings against Monarch for our 24 hour delay returning from Mombasa.

    Total cost so far £120.00 plus reams of paper and loads of ink! I am printing as much as I can. Their defence is the case of Walletin-Herman and also Eglitas v Latvijas Republikas.

    If my case reading is correct the first has now been thrown out due to the 4th Chamber saying a technical fault cannot be seen as extraordinary circumstance, the second I think was a scare tactic as it is about a breakdown of one country's air traffic control!

    There have now been cases in the UK, Jeff Halsall and Kim Britain where the airline tried the same trick and were unsuccessful.

    Wish me luck, I can email my findings if anyone can make use of them.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Bugsy5 wrote: »
    I have started proceedings against Monarch for our 24 hour delay returning from Mombasa.

    Total cost so far £120.00 plus reams of paper and loads of ink! I am printing as much as I can. Their defence is the case of Walletin-Herman and also Eglitas v Latvijas Republikas.

    If my case reading is correct the first has now been thrown out due to the 4th Chamber saying a technical fault cannot be seen as extraordinary circumstance, the second I think was a scare tactic as it is about a breakdown of one country's air traffic control!

    There have now been cases in the UK, Jeff Halsall and Kim Britain where the airline tried the same trick and were unsuccessful.

    Wish me luck, I can email my findings if anyone can make use of them.

    No, no, no, no! Both are case law, and both helpful to your case. Have you read them?
  • blondmark
    blondmark Posts: 456 Forumite
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    Vauban wrote: »
    No, no, no, no!

    http://youtu.be/0z_Qqnq8pI8 ;)
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