DaisyBoo Posted February 21, 2013 Share Posted February 21, 2013 Hi i am looking for a 'no win no fee' solicitor in sheffield. This is for a refused EU flight claim through Monarch airlines. Can anyone recommend a solicitor that would deal with this? Thanks Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted February 21, 2013 Share Posted February 21, 2013 Maybe Howells? Link to comment Share on other sites More sharing options...
ECCOnoob Posted February 21, 2013 Share Posted February 21, 2013 I would start with a local CAB first. You might get some initial free advice from a solicitor but I dont beleive they would consider that on a no win-no fee. What's the value? To offer any sort of no win - no fee they have to have a reasonable belief they would be able to recover their costs from the Defendant. Link to comment Share on other sites More sharing options...
adamf Posted February 21, 2013 Share Posted February 21, 2013 Hi i am looking for a 'no win no fee' solicitor in sheffield. This is for a refused EU flight claim through Monarch airlines. Can anyone recommend a solicitor that would deal with this? Thanks Did you pay by credit card? You could try using S.75 of the Consumer Credit Act to get a settlement from the card issuer. Link to comment Share on other sites More sharing options...
DaisyBoo Posted February 21, 2013 Author Share Posted February 21, 2013 yes we did pay on credit card. We were delayed for 13 hours coming home. I have gone through all the right channels with monarch after the new EU ruling came in to effect. They have come back to me saying they will not pay out compensation as the delay was caused by 'exterordinary circumstances' - this was a mechanical fault with the plane. i have researched this more and it seems monarch are not paying any compensation out and using this 'exterordinary circumstances' thing as a way of getting out of it. we are entitled to £340 each under the EU ruling. Link to comment Share on other sites More sharing options...
cgksheff Posted February 21, 2013 Share Posted February 21, 2013 (edited) Small Claims: https://www.gov.uk/make-money-claim-online Watchdog info: Extraordinary circumstances Passengers will not be eligible for compensation if the delay or cancellation was the result of extraordinary circumstances. Extraordinary circumstances are situations that are beyond the airline’s control such as industrial strikes, severe weather and security risks. Technical faults may be deemed extraordinary circumstances but this will depend on the nature of the fault, so each case would need to be looked at on its own merit. However, airlines are still to provide support to passengers in the case of long delays, regardless of the reason for that delay. Update on compensation for delays A Court of Justice European Union (CJEU) ruling on 23 October 2012 clarified that passengers on flights delayed for three or more hours should be entitled compensation, in the same way they can if their flight was cancelled. This followed a number of different legal challenges to the regulation from both passengers and industry. To assist passengers who would like to make a claim for compensation, we have published a package of support on our website including a draft claim letter and FAQs. We are also ready to take on passenger complaints if they feel their airlines have not dealt with them fairly. More information is available here. http://www.caa.co.uk/default.aspx?catid=2211&pageid=14023 http://www.bbc.co.uk/programmes/p00zkz1k/features/flight-compensation Edited February 21, 2013 by cgksheff Link to comment Share on other sites More sharing options...
L00b Posted February 21, 2013 Share Posted February 21, 2013 (edited) They have come back to me saying they will not pay out compensation as the delay was caused by 'exterordinary circumstances' - this was a mechanical fault with the plane.A mechanical fault is not usually deemed an "extraordinary circumstance". It is preventable through regular maintenance (whether a wear and tear item or not, i.e. regular replacement/checks/periodical overhauls). An "extraordinary circumstance" would more likely be associated with happenstance entirely outside the control of the airline, whether by a third party (e.g. a gang of diamond thieves barging in on the plane cargo hold unnanounced, per last Monday in Brussels), or an act of God (e.g. unseasonal or extreme weather conditions resulting in temporary closure of runways, etc). The issue is that if they fight it off at Court (regardless of actual merit of your case/their defense), it's still going to cost you a fair bit to see it through (tens of thousands and more (hundreds in High Court), hopefully reimbursed (and hopefully again in full - as that's not garanteed) in a cost award if you win), for little in the way of a gain (the price of your fare, maybe some little extra, but not thousands and thousands). EDIT - after cgksheff's excellent edits above - use the links and do it yourself Edited February 21, 2013 by L00b Link to comment Share on other sites More sharing options...
DaisyBoo Posted February 21, 2013 Author Share Posted February 21, 2013 Small Claims: https://www.gov.uk/make-money-claim-online Watchdog info: Extraordinary circumstances Passengers will not be eligible for compensation if the delay or cancellation was the result of extraordinary circumstances. Extraordinary circumstances are situations that are beyond the airline’s control such as industrial strikes, severe weather and security risks. Technical faults may be deemed extraordinary circumstances but this will depend on the nature of the fault, so each case would need to be looked at on its own merit. However, airlines are still to provide support to passengers in the case of long delays, regardless of the reason for that delay. Update on compensation for delays A Court of Justice European Union (CJEU) ruling on 23 October 2012 clarified that passengers on flights delayed for three or more hours should be entitled compensation, in the same way they can if their flight was cancelled. This followed a number of different legal challenges to the regulation from both passengers and industry. To assist passengers who would like to make a claim for compensation, we have published a package of support on our website including a draft claim letter and FAQs. We are also ready to take on passenger complaints if they feel their airlines have not dealt with them fairly. More information is available here. http://www.caa.co.uk/default.aspx?catid=2211&pageid=14023 http://www.bbc.co.uk/programmes/p00zkz1k/features/flight-compensation i have followed all the advice and procedures in the links provided already, this has been going on months. The final email I received tofay from monarch was that they will not compensate. Due to the 'extraordinary circumstamces' see below - Our records show that the aircraft scheduled to operate your flight suffered a hydraulic leak prior to its departure from Manchester, rendering the aircraft unserviceable and unsafe to fly. In order to rectify the fault replacement components were required which were sourced from Thomas Cook in Manchester. Due to the timescale of the remedial work to be undertaken and in order to reduce the length of your delay, passengers on your flight were transferred to the first available aircraft. 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 What do you suggest I do now, small claims? Thanks Link to comment Share on other sites More sharing options...
Expat owl Posted February 21, 2013 Share Posted February 21, 2013 I had a similar issue with Air France (hydraulic problem requiring parts) and they also refused compensation. I took them to the small claims court and the court found in their favour so my advice to the OP would be to forget about it and get on with your life. It's not worth the pain and stress for £700. I also understand that the airline business has been inundated with claims and are adept at keeping records and sharing information. Hence the failure of a lot of cases. Link to comment Share on other sites More sharing options...
111KAB Posted February 23, 2013 Share Posted February 23, 2013 (edited) Hi DaisyBoo (and others) - just picked up your message following a Google search for something else and as I have a bit of experience regarding small claims and Monarch Airlines thought I would post (this may be my first and only post) ... firstly there are 3 suggested ways of posting your problem 1) MSE website (Monarch thread) 2) Monarch complaints Facebook page and to vent your frustration 3) Monarch facebook page. Secondly you can either proceed with an MCOL (Money Claim On Line) yourself and if you succedd you will get 100% of your claim back or you can go via a claims company (no win no fee) and you will loose around 30% of your award. There is no real point in going to a local solicitor (unless one of the claim firms is local) as they will incur transport costs to Luton (Monarch) which will further reduce your payout. I will .... hopefully .... provide links - if I am able (new user) - for MSE etc. Finally best of luck if you decide to claim yourself or through a third party. http://forums.moneysavingexpert.com/showthread.php?t=4384583 http://www.facebook.com/#!/MonarchComplaints http://www.facebook.com/#!/Monarch?fref=ts http://www.flight-delayed.co.uk/ Edited February 23, 2013 by 111KAB ADD LINKS Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now