Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

sging1 wrote: »

Can anyone advise. I now have my day in court or should I say a 20min slot. Problem I have is that its in a couple of weeks but I am out of the country until the following week. There is no guidelines for this with the court papers. What normally happens when you cant make the date the court gives.

Your allocation questionnaire should have requested you to state dates you were not available. You need to 'phone the Court and reorganise.

sging1

111KAB wrote: »

Your allocation questionnaire should have requested you to state dates you were not available. You need to 'phone the Court and reorganise.

I just checked through it and it dosent request this information as far as I can see.

JPears

sging1 wrote: »

Can anyone advise. I now have my day in court or should I say a 20min slot. Problem I have is that its in a couple of weeks but I am out of the country until the following week. There is no guidelines for this with the court papers. What normally happens when you cant make the date the court gives.

a) surprised you only have 20 mins, my case has 2 hoiurs allocated
b) surprised you only have several weeks notice. When are you supposed to have time to submit your witness statement?
Maybe this is a prelim hearing?

sging1

JPears wrote: »

a) surprised you only have 20 mins, my case has 2 hoiurs allocated
b) surprised you only have several weeks notice. When are you supposed to have time to submit your witness statement?
Maybe this is a prelim hearing?

I was also wondering about the 20 mins. Have yours gone to court yet.
It seems its a case management stage and after looking it up it states on the justice.gov.uk
Case Management – Preliminary Stage: Allocation and Re-Allocation

sging1

Centipede100 wrote: »

Section F I believe...: http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n149-eng.pdf

The form they sent me was a form N181 as it was Fast Track but TC requested it go back to small claims which is why this date has been called I assume. F on mine is the witness information.

davidswife

My flight delay complaint was upheld by the CAA on May 10th and I was advised by them TC would be in touch re compensation. I've just called TC who have insisted that my complaint,regardless of CAA outcome, must now be put on their 'New System' and put in the queue with the other complaints. Has anyone had a similar thing happen? My complaint was first reported July '12. CAA are not taking calls either.

JPears

davidswife wrote: »

My flight delay complaint was upheld by the CAA on May 10th and I was advised by them TC would be in touch re compensation. I've just called TC who have insisted that my complaint,regardless of CAA outcome, must now be put on their 'New System' and put in the queue with the other complaints. Has anyone had a similar thing happen? My complaint was first reported July '12. CAA are not taking calls either.

Procrastination and delaying tactics. If you have already sent an NBA then issue MCOL. If you have not sent NBA then send one giving 14 days to pay otherwise court proceedings and extra costs, incuding interest will be added.
Simple really.

Vauban

sging1 wrote: »

The form they sent me was a form N181 as it was Fast Track but TC requested it go back to small claims which is why this date has been called I assume. F on mine is the witness information.

If your party's claim exceeds £10k, then it can't go before the small claims track. But if it doesn't, then you ought to be on that track, surely?

sging1

Vauban wrote: »

If your party's claim exceeds £10k, then it can't go before the small claims track. But if it doesn't, then you ought to be on that track, surely?

It was assigned to the Fast Track as the MCOL claim started in March before the new limit came in and as I am handling a claim for the thirteen in my party it is over the 5K.
Thomas Cook has now requested in the Directions to have it re-assigned to small claims due the new limit. I’m guessing this pre-hearing is to see where the judge will assign it now. The judge assigned it to Fast Track in April so I would have thought he would taken in the new limits at the time.

Vauban

sging1 wrote: »

It was assigned to the Fast Track as the MCOL claim started in March before the new limit came in and as I am handling a claim for the thirteen in my party it is over the 5K.
Thomas Cook has now requested in the Directions to have it re-assigned to small claims due the new limit. I’m guessing this pre-hearing is to see where the judge will assign it now. The judge assigned it to Fast Track in April so I would have thought he would taken in the new limits at the time.

Yes, I guessed that was what happened. You presumably have no objection to the matter being dealt with under the small claims track though? If not, you may be able to convey this to the court (a quick call to the clerk) and you may not need to be represented in person for that allocation hearing, should it go ahead?