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Flight delay and cancellation compensation, Tui/Thomson ONLY
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Linda,
Kerrie (Droylie) hasn't visited this site since June of last year.
Is there anything specific anyone can help you with?
Vauban
Hi Vauban
We have lodged a small claim with the County Court to claim compensation back from Thomson's but they have asked us to stay the claim until the outcome of another claim that is being held in the High Court in May and then also the outcome of another claim that is to be held, but they haven't got a date for that one yet. We just feel they keep delaying things hoping we will back out. We don't know whether to take the case to Court ourselves. Any advice would be welcome.
Many thanks
Linda0 -
Sorry for jumping in on this Vauban, Lindylou63.Lindylou63 wrote: »Hi Vauban
We have lodged a small claim with the County Court to claim compensation back from Thomson's but they have asked us to stay the claim until the outcome of another claim that is being held in the High Court in May and then also the outcome of another claim that is to be held, but they haven't got a date for that one yet. We just feel they keep delaying things hoping we will back out. We don't know whether to take the case to Court ourselves. Any advice would be welcome.
Many thanks
Linda
No doubt they will get the stay no matter what you do on this as they are doing this to many, this will be the Dawson case and the Huzar case. Hold on in there I am sure you will win in the end, that is what they expect most people to do and give up.
Vauban will be able to give you more precise details when he is back on.Check out Vaubans Flight Delay Guide, you will be glad you did....
:):)
Thomas Cook Claim - Settled Monarch Claim - Settled0 -
I emailed Gatwick customer services to request their £100 voucher for compensation for the fiasco on Christmas Eve. I got a response refusing it as my flight 'was not cancelled'. Our flight was diverted to a different destination and we didn't get to our resort until nearly 24 hours after we were supposed to, spending most of Christmas Day on a plane!
I've appealed, but not sure where I go next...0 -
We were also on the same flight. We await your outcome with interest.we escalated it to the CAA who agreed with Thomson's explanation. Please let me know how you get on. Thank youJust had my day, well moment, in court, Bury County Court that is.
My flight was TOM893 from Bridgetown, Barbados to Manchester on 24 January 2011 which was delayed 52 hours due to an hydraulic leak and then a day later after they had repaired the leak, they found further damage to a wing i.e a missing bolt.
Thomsons put forward the usual defence:
Prove that we were on the plane, Time limited to 2 years and extraordinary circumstances.
Prior to my arrival, Thomson’s representative, a Mr Flynn, had handed the judge a copy of the Dawson and Thomson Airways case and prior to the court hearing he told me that he would be asking the judge for a stay based on the Dawson case. He also informed me that I wouldn’t need to prove that I was on the flight.
We entered the court room and the judge informed me that he had been handed the Dawson case and that he felt that he couldn’t decide whether there was a two year limit or a six year limit. I said that the question had already been decided upon by the European Court of Justice in the More case and that I thought it should be six years.
The judge said that by staying the case, there would be no prejudice against either side ( not to Thomsons and not to me as interest would be accruing on my claimed amount ) and that it would probably hinge upon extraordinary circumstances. He then told us that he was aware of another similar case in a local court where the defendant had claimed extraordinary circumstances and the judge agreed with that particular airline since they shouldn’t be expected to hold spares at every airport.
Anyway he decided that:-
1. The case is stayed pending the appeal to the Court of Appeal in Case no 2QZ57244, James Dawson and Thomson Airways, to be heard on 12 – 14 May 2014.
2. Either party may request that the case is relisted thereafter and
3. If the claim is settled, the parties must notify the court immediately.
So now I have to put it to bed for the winter and get ready for spring next year!0 -
Still waiting for a reply from thomsons, has anybody had any feed back relating to this delay?0
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I had my day in court yesterday. I was claiming the compensation for the flight back in 2012. The flight was delayed by over 4 hours due to engine bleeding, which has been discovered the day before, this was fixed however caused a reactionary delay to our flight.
Before the hearing TA barrister handed over a skeleton argument, explained all the procedures, briefly told us what he is going say. I have enquired will they be asking for permission to stay. He said that he will mention this to the judge. Witnesses haven't presented themselves in the hearing
Now cut the long story short, I was relying on Wallentin case and that if they even prove that circumstances were extraordinary, they haven't taken all reasonable measures to prevent the delay.
What I would like to emphasise here, I followed the advise from this forum and read very carefully all their defence and witnesses statements. I have very keen eye on this and...guess what? There were errors in the statements. According to the judge these mistakes and omissions establish the incredibility of both witnesses statements :T So far so good.
Thomson defence was that it was 'unexpected flight safety shortcomings' and is not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of the carrier on account of its nature and or origin.
The judge ruled the case in my favour :beer::j:j:j
However.... after we agreed on the total amount, the barrister announced that they will appeal on our case. When the judge asked do you want to appeal now, if yes on what grounds, he couldn't say a word. So it looks like it's not the end...yet.0 -
Well done Cherrycherry! Great result - and I wouldn't be surprised if the appeal was refused, given the doubts the judge had about their witnesses. Such "findings of fact" can't be appealed - only points of law (as far as I understand it).
For what it's worth, I think your strategy is bang on: find the errors and inconsistencies in the other side's account, whilst sticking to the framework and legal tests that the Regulation and subsequent case law have created.
Good job!0 -
For there to be an appeal Thomson's have to get permission either from the DJ who tried your case or from the circuit judge. They have to show grounds "Sir, I think you got it wrong" isn't enough.
It sounds as if he didn't formally ask for permission from the DJ, so all you can do is watch the post. My gut feeling is that they won't appeal as your case seems very fact based.
Your experience of Thomson's sloppiness is fairly typical. In my own case they hadn't sent our bundle of documents to their barrister. I'm almost tempted to suggest to them that they'd do better by instructing private solicitors 0 -
Congratulations Cherry. How bizarre to appeal after the verdict and keep silent about the reasons why. If they are appealing on grounds of Huzar appeal then surely they should have asked for a stay, especially as you prompted them.
You may find in 21 days time that they may not have actually put in an appeal, or have applied but take it no further. Keeping their options open.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Monarch did the same in my case - just posturing plus if it makes the press their response 'we are considering an appeal' tends to frighten some people off who are still considering a claim.0
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