Open & Shut case for Compensation?

[tc5712]

Called Monarch today on 01582 531712, (have put in 2 claims for the Mrs & I, the identical email for the Mrs quoted an 0871 number), so that might help some ppl that don't want to call 0871 numbers?

 

Gave them my ref numb and asked if they had any update, (it's been three weeks since my last email to them quoting Wallentin-Hermann v Alitalia after their initial refusal).

 

When they said “no” I told them “well I have an update for you”, and told them about the email that Grigg5 has received regarding the same aircraft with a very different ‘extraordinary circumstance’.

 

The operator got very sheepish and promised would look into it and get back to me by the end of the day if not tomorrow (Thurs 8th Aug).

 

I will keep the pressure up and call them again tomorrow (morning of course as it’s such a priority dept it’s only staffed from 9:30 till 13:30)!

[tc5712]

Didn't call them today, got tied up.

Would be interested to know at what point ppl go via MOCL?

Monarch claim they will respond with 28 days, that runs out next weekend, (after my reply quoting Wallentin-Hermann v Alitalia).

CAA investigation states they are running at about 8 weeks, 5 weeks to go on that…

[tc5712]

Got a reply from the CAA today! It says 'We are unable to enter into further correspondence on this issue at this stage as your complaint is now with the airline for reassessment'. but have emailed them to clarify what timescale they have allocated for this 'reassessment'.

 

Quote "Dear Passenger,

 

We are writing to update you on your claim for compensation for a disrupted flight. It appears your flight falls within the scope of Regulation EC261/2004 and recent EU case law.

 

As you may be aware, compensation is subject to whether the reason for the disruption was within the airline’s control, known as ‘extraordinary circumstances’. The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work have been published on the European Commission website recently.

 

We have asked all airlines to reconsider against this new guidance whether compensation should be payable or not in all complaints that have been received by the CAA. We have now sent your complaint back to the airline for reassessment and they will respond to you directly following their reassessment of your flight against the new guidelines on ‘extraordinary circumstances’."

[tc5712]

Called them again today, no update! Grrrrr

[Cityboy62]

Called them again today, no update! Grrrrr

 

I refer you to the advice I gave you in my initial post:

 

"Monarch will resist paying out and you will have to issue a legal claim to see any money from them even though the aircraft you were supposed to be on wasn't in fact the one on which you flew since it had a tech problem".

 

You will have to issue a legal claim to see any compensation, no other methods you choose to employ will improve your chances.

[tc5712]

Seems you maybe right Cityboy. Got this just an hour ago:

 

Thank you for your further correspondence.

 

We do understand your disappointment by the outcome of your claim. We can assure you that your claim was thoroughly investigated in line with the applicable legalisation. However, as the European Commission’s (EC) have now issued guidelines regarding extraordinary circumstances we have reviewed your claim again in line with these.

 

For your reference the fault which occurred was not caused by a failure to maintain the aircraft. The component which failed is considered ‘on condition’ which refers to parts which should not require unscheduled maintenance or replacement during normal operational service. When parts such as this fail during normal operation when maintained in accordance with the relevant maintenance programme this is an unpredictable event.

 

In direct reference to the recently released EC guidelines regarding extraordinary circumstances you will note that failure of on-condition monitored parts when they have been correctly maintained in addition to any technical defect which becomes apparent immediately prior to departure or in-flight which require investigation and/or repair before the aircraft is airworthy for the intended flight are considered an extraordinary circumstance.

 

Following this review we are satisfied that our initial assessment of your claim was correct and delay compensation will not be paid.

 

For your information please find attached the link for the EC guidelines we have referred to

[tc5712]

So..... It seems instigating my own legal action if I want to pursue this is my only option.

 

I am wary though, is the pdf they sent me correct? Point 22 seems to cover their initial 'bleed air system', point 25 may refer to the alternate explanation provided to Grigg5's post referring to 'power system used to circulate air in the cabin' and then there's the clause they seem to be referring to in their latest response to me (24) 'Failure of on-condition/condition monitored parts'.

 

FYI I have replied today with:

 

Thank you for your recent email.

 

It does, however, fail to state the exact nature of the fault that you deem to be an 'extraordinary circumstance'.

 

In fact there is contradictory evidence as to which system/part is in question. (I am in receipt of an email you sent to another passenger that was booked onto ZB057, the very aircraft that would have been ZB812 stating the fault was with "the power system used to circulate air in the cabin" & not as you claim below "developing a left and right wing leak message and a left bleed fault".

 

If legal proceedings are my only option in order to resolve this then I will not hesitate to do so within 14 days.

 

I'm sure the courts will take a dim view on these contradictory explanations.

 

Yours sincerely....

[Cityboy62]

So..... It seems instigating my own legal action if I want to pursue this is my only option.

 

I am wary though, is the pdf they sent me correct?

 

Ignore the pdf they have sent to you, it is a "wish-list" of items that the airlines and NEBs would like to see included as extraordinary circumstances but has no legal status whatsoever and indeed seems to contradict existing case law on extraordinary circumstances. The clue is in the word "guidance" somewhere on page 1!!

[tc5712]

Ignore the pdf they have sent to you, it is a "wish-list" of items that the airlines and NEBs would like to see included as extraordinary circumstances but has no legal status whatsoever and indeed seems to contradict existing case law on extraordinary circumstances. The clue is in the word "guidance" somewhere on page 1!!

Thanks Cityboy62 that encouraging.

What would I need to submit legal action via MCOL? Up till now i've done everything online via email.

Will printouts/scans of email correspondence be acceptable by the courts?

Thanks for all your guidance so far.

 

TC

[Lauren123]

Has anyone had any luck making a claim on this flight to Turkey 4th June?

I have had the same responses to my emails but was hoping someone might have made better progress.

It was such an ordeal it is a suprise there has been no compensation given

 

Thanks

[tc5712]

Has anyone had any luck making a claim on this flight to Turkey 4th June?

I have had the same responses to my emails but was hoping someone might have made better progress.

It was such an ordeal it is a suprise there has been no compensation given

 

Thanks

 

Hi Lauren, like you I hit a brick wall so I've used a no win no fee company to take this on for me as I figure 77% of something is better than 100% of nothing.

 

I got an update from them just today and they are just awaiting a date for the court hearing.

 

As they work on a no win no fee basis I'm assuming they are confident of success.

 

I will update this thread with any further news.

 

TC

[FairWorldCitizen]

I have read the original issue above and the different letters received from Monarch. These letters as others have noticed are basically templates returned to anyone complaining.

Most passengers are not aware of what national laws and European regulations allow them to claim. The airline's customer service will also serve as a wall to the few passengers who defend their rights, as you have experienced.

 

However, it is not going to be difficult to present a small claim and you will seek disclosure of the airline's records. They won't be able to prove that the technical fault they referred to was a manufacturer's fault, or that a weather condition affected their service. Also they won't like the idea of publishing how they really manage their service.

 

You can do it yourself - other cases described in this forum help and even include "legal samples" - but anyway using a specialised solicitor should give a 90% chance of getting your money.

 

Worth noting as well that airlines use to refer to the first version of the European regulation before it was clarified regarding exceptional circonstances.

[Dot13]

Hi Lauren, like you I hit a brick wall so I've used a no win no fee company to take this on for me as I figure 77% of something is better than 100% of nothing.

 

I got an update from them just today and they are just awaiting a date for the court hearing.

 

As they work on a no win no fee basis I'm assuming they are confident of success.

 

I will update this thread with any further news.

 

TC

 

Hi TC,

 

Just wondering if you had any further news on taking your claim to court?

I'm in the same situation and trying to decide what to do next.

 

Kate

[Vauban]

Hi TC,

 

Just wondering if you had any further news on taking your claim to court?

I'm in the same situation and trying to decide what to do next.

 

Kate

 

There's loads of really good advice on the MSE flight delay forum, and there is also a useful "Monarch Complaints" Facebook page (if that's the airline you're having issues with).

 

There were two really significant cases before the Court of Appeal this month. The Dawson case is about how long you have to claim (2 or 6 years) and the Huzar case was about whether technical faults can be considered "extraordinary circumstances" (which means airlines don't have to pay out).

 

Depending on the circumstances of your own delay, you might want to wait for these judgements (anticipated in a few weeks) before starting a claim.

[Lauren123]

Hi All,

 

With it almost being a year now I would have hoped someone might have had some better luck than I have had.

Has anyone had any joy in Small Claims Court? I really did think this would be as easy as filling in a form - how wrong I was.

 

Thanks

 

Lauren

[Cityboy62]

Hi All,

 

With it almost being a year now I would have hoped someone might have had some better luck than I have had.

Has anyone had any joy in Small Claims Court? I really did think this would be as easy as filling in a form - how wrong I was.

 

Thanks

 

Lauren

 

This was my response to tc5712 back in August. My advice hasn't changed since then:

 

I refer you to the advice I gave you in my initial post:

 

"Monarch will resist paying out and you will have to issue a legal claim to see any money from them even though the aircraft you were supposed to be on wasn't in fact the one on which you flew since it had a tech problem".

 

You will have to issue a legal claim to see any compensation, no other methods you choose to employ will improve your chances.

[tc5712]

Monarch now officially paying out on this flight!

[FairWorldCitizen]

Good to know that you got them. They have no right to treat people the way they do.

 

And I like when people give the output back on the help thread. It helps others so much.

[Lauren123]

I had an email from Monarch today confirming that I would be getting a cheque in the post. I resubmitted my forms following checking back on this forum last month. Doesn't look like it will be automatically paid if you had claimed before and been rejected. Best off sending all the forms in again.400 Euros each!

[tc5712]

I had an email from Monarch today confirming that I would be getting a cheque in the post. I resubmitted my forms following checking back on this forum last month. Doesn't look like it will be automatically paid if you had claimed before and been rejected. Best off sending all the forms in again.400 Euros each!

 

Glad I helped, I think? Looks like I was the test case for this flight and used a NWNF company to win through.

 

Lauren123 I would advise not accepting the first offer as you should be due 8% interest per year for the two years this has been dragging on. Good luck!