Flight delay and cancellation compensation, Thomas Cook ONLY

Superhorn

jacksback wrote: »

That's what I would expect from the dealings I've had so far with the court Superhorn 'so what'. There are only 4 working days between the deadline for papers and the court case. Thanks again for all your help.

4 days mmm

Still write your skeleton argument that includes the techncial problem recently and bring to the attention of the court at the hearing.

sging1

111KAB wrote: »

With airline suggesting technical problems indicating extraordinary circumstances I would imagine you stand a very good chance of 'winning'. A well presented/researched claim and you should get your money.

Your right extraordinary circumstances and technical problems should not appear in the same sentence unless its something like technical problems caused by something like sabotage etc. Technical problems point to bad maintenance and if it is unforeseen then I think the directive sees it that a 3 hour delay then points to a poor support or backup network. Seeing that TC has the highest rate of delays due to technical faults I would say that says it all.

sging1

111KAB wrote: »

TC will probably agree to pay your costs if you drop claim - you can probably agree to drop interest charges to save going to Court. Normally differences insurmountable so mediation a waste of time.

Heres a strange one. I sent back my Directions Questionnaire to the court asking for a deferment as I am willing to try and settle out of court as per the rules suggest and I have also said I would try meditation to try and work things out. Yesterday I received a copy of Thomas Cooks Directions Questionnaire obviously filled in before seeing mine as they would have crossed, amongst other things they have said they do not want to try and settle out of court or try mediation, they state "an all or nothing outcome".

Surely the courts will frown on this or is this some tactic. Its not a problem as at least I am showing willing and if it means court I will go and defend my claim. I've gone this far so not backing down now.

Vauban

sging1 wrote: »

Heres a strange one. I sent back my Directions Questionnaire to the court asking for a deferment as I am willing to try and settle out of court as per the rules suggest and I have also said I would try meditation to try and work things out. Yesterday I received a copy of Thomas Cooks Directions Questionnaire obviously filled in before seeing mine as they would have crossed, amongst other things they have said they do not want to try and settle out of court or try mediation, they state "an all or nothing outcome".

Surely the courts will frown on this or is this some tactic. Its not a problem as at least I am showing willing and if it means court I will go and defend my claim. I've gone this far so not backing down now.

That is the conventional wisdom - you agree to mediation to demonstrate to the court your reasonableness. The airlines have, as far as I can tell, been doing this. Perhaps TC are trying to face you down?

But I have to say that, in some respects, TC's response shows more integrity. This isn't an issue that can be mediated. It's about statutory entitlement to compensation - either you are entitled in law to the full amount or you are not entitled to anything. It's hard to see where the theoretical middle ground would lie.

jacksback

Superhorn wrote: »

4 days mmm

Still write your skeleton argument that includes the techncial problem recently and bring to the attention of the court at the hearing.

I have added this to my witness statement
"If the Defendant does intend to rely on a cause of exceptional circumstances please refer to Regulation EC No 261/2004 (34) and also in particular (Judgment C-549/07 Wallentin-Hermann) (35) attached"
Don't think I can do much else in the timescale. Hopefully if the court sees I didn't know the defence it might help!
Thanks

Vauban

jacksback wrote: »

I have added this to my witness statement
"If the Defendant does intend to rely on a cause of exceptional circumstances please refer to Regulation EC No 261/2004 (34) and also in particular (Judgment C-549/07 Wallentin-Hermann) (35) attached"
Don't think I can do much else in the timescale. Hopefully if the court sees I didn't know the defence it might help!
Thanks

I think you might need a bit more than just name checking the regulations and the Wallentin judgement. Can't you copy and paste some of the stuff in PN'd to you on Extraordinary circumstances from my own witness statement? You just need to amend it with your own details/circumstances.

jacksback

Thanks Vauban I have done that now,, hope I have time to take it out if the defence is something different!!

romanby1

Vauban wrote: »

I think you might need a bit more than just name checking the regulations and the Wallentin judgement. Can't you copy and paste some of the stuff in PN'd to you on Extraordinary circumstances from my own witness statement? You just need to amend it with your own details/circumstances.

What else can you quote. Thechnical problems are a fact of life in an airline businness like any other business that uses machinary. it breaks down occasionally.
Is there no definitive answer to this question

Vauban

romanby1 wrote: »

What else can you quote. Thechnical problems are a fact of life in an airline businness like any other business that uses machinary. it breaks down occasionally.
Is there no definitive answer to this question

I don't think anyone can just shout Wallentin, and expect a DJ to find for their case. You need to pick out the key points of the judgement and apply them to your own circumstances. (My own witness statement runs to half a dozen pages, and quotes from the judgement extensively).

jacksback

I thought keeping it brief and to the point and just explaining the circumstances from my point of view,, not knowing the defence,, should be enough.. Don't know that the judge will be bothered to read loads of pages from what I can gather!! We'll soon find out! Did you get your court date Vauban?