Jump to content


  • Tweets

  • Posts

    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Open & Shut case for Compensation?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3206 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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)!

Link to post
Share on other sites

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…

Link to post
Share on other sites

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’."

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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....

Link to post
Share on other sites

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!!

  • Haha 1
Link to post
Share on other sites

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

Link to post
Share on other sites

  • 4 months later...

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

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 2 weeks later...

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.

Link to post
Share on other sites

  • 4 months later...
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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 9 months later...
  • 4 months later...

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!

Link to post
Share on other sites

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!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...