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Flight delay and cancellation compensation, Thomas Cook ONLY
Comments
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purple_icecream wrote: »Time of flight, google 'Historic exchange rates'
£1576.943 would be todays exchange rate, what was the date of your flight?0 -
Morning All, I've been and avid reader of the flight delay forums for sometime. And with the great advice posted I have got myself into the position where my court case was stayed pending Huzar. Since the Supreme Court ruling I have neither heard from the Court, TC or there solicitors Weightmans.
I have rung and left an answer phone message last week with Susan Wilson the Weightmans claims handler to find out what TC's position is. However I have had no response!
I guess the next stage would be to contact the court to have the stay lifted?
Can I do this by email, and do I need to include all parties. ie Court, TC and Weightmans? Or does it need to be in writing?
Any assistance would be wonderful.
Thanks0 -
Any news/update?
Hi,
Yes,:cool: I WON!
They took it into the court room and i can only think on the basis of the flight path had weather conditions (Tunisia) BUT Atalanya NOR Bristol had weather issues, they claimed they had evidence of buying seats etc off other airlines to get people back quicker, but this wasn't included in the evidence they gave to the court.
They also claimed that they had 1 plane based at BRISTOL, which the sentence was some thing like : THERE WAS A PLANE BASED AT BRISTOL READY TO RETRIEVE PASSENGERS FROM TURKEY, it turns out it was actually coming from Pathos and it was technically based their for the summer, but everyone took it as it was at Bristol being prepared to pick us up...The judge didn't take to kindly to that bombshell lol
My solicitor is going to recommend my case be used as a case file as he believes its the first of its kind, the original flight path had weather issues but when the plane was changed etc there was no weather issues in turkey OR Bristol which was now my new planes flight path.
The weather was 3 steps back as the judge called it.
If you have any questions about the case I'm more than happy to help people.
This was at Birmingham courts 11th December @ 2pm, I will receive about £600 after EUdelay have their takings etc...TBH without the solicitor picking up on them not doing enough to pick us up, ie no evidence of trying to get different airlines to help etc then this case would have been awarded to them, so fair play to him.
Thanks for all the help, I could only get it to the court stage myself and wouldn't have won the case, so in this case a company was needed to assist me further..I felt so proud afterwards and for that feeling alone its worth all the hassle, keep plugging away peopleIt's worth it.
Halifax loan - 6800 - 198 DD a month
Barclay card 0% - £2000 - £150 DD a month0 -
JackieBear wrote: »Morning All, I've been and avid reader of the flight delay forums for sometime. And with the great advice posted I have got myself into the position where my court case was stayed pending Huzar. Since the Supreme Court ruling I have neither heard from the Court, TC or there solicitors Wainwrights.
I have rung and left an answer phone message last week with Susan Wilson the Wainwrights claims handler to find out what TC's position is. However I have had no response!
I guess the next stage would be to contact the court to have the stay lifted?
Can I do this by email, and do I need to include all parties. ie Court, TC and Wainwrights? Or does it need to be in writing?
Any assistance would be wonderful.
Thanks
Hi JackieBear,
Yes you need to inform the Court that you request the stay be lifted. You can email the Court and CC the defendants Solicitors at the same time.
Good luck!After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
NoviceAngel wrote: »Hi JackieBear,NoviceAngel wrote: »
Yes you need to inform the Court that you request the stay be lifted. You can email the Court and CC the defendants Solicitors at the same time.
Good luck!
Thanks Novice Angel, I have slightly edited Sew56 lovely letter to pertain only to Huzar in my case. Do you think the below will suffice to have the stay lifted.
"I am requesting that the stay be removed from my case and the court process recommenced. Following the Appeal and Supreme Court judgements Thomas Cook Airlines have failed to respond to my case.
This case was stayed pending the appeal, Huzar vs Jet2. The appeal failed and the right to appeal further was also refused.
A quote from the judgement: "The Court ordered that permission to appeal be refused in Jet2.com because the application does not raise a point of law of general public importance and, in relation to the point of European Union law said to be raised by or in response to the application, it is not necessary to request the Court of Justice to give any ruling, because the Court's existing jurisprudence already provides sufficient answer."
The law is now clear: Technical faults can not be deemed extraordinary.
Please can the appointed judge now remove the stay and order the defendant back to court at as early a date as possible to try to conclude this matter as it appears this will be the only way to obtain a response."
Thanks0 -
Looks good to me.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
JackieBear wrote: »
Thanks Novice Angel, I have slightly edited Sew56 lovely letter to pertain only to Huzar in my case. Do you think the below will suffice to have the stay lifted.
"I am requesting that the stay be removed from my case and the court process recommenced. Following the Appeal and Supreme Court judgements Thomas Cook Airlines have failed to respond to my case.
This case was stayed pending the appeal, Huzar vs Jet2. The appeal failed and the right to appeal further was also refused.
A quote from the judgement: "The Court ordered that permission to appeal be refused in Jet2.com because the application does not raise a point of law of general public importance and, in relation to the point of European Union law said to be raised by or in response to the application, it is not necessary to request the Court of Justice to give any ruling, because the Court's existing jurisprudence already provides sufficient answer."
The law is now clear: Technical faults can not be deemed extraordinary.
Please can the appointed judge now remove the stay and order the defendant back to court at as early a date as possible to try to conclude this matter as it appears this will be the only way to obtain a response."
Thanks
Nice to see that you have done your own research and found the suggested reply that worked for SEW56 (why can't all members of MSE be like you ?)
Yes, that should be enough to get your stay lifted, and I have a feeling that it won't get as far as a hearing
EDIT - You might also want to include this from VaubanApologies for duplicate posting (this is also on the Huzar thread) but for those applying to have stays overturned, you might find it useful to include this document from the Supreme Court. It doesn't add to what is in the public domain, but I think the seal adds quite a bit of gravitas!
https://www.dropbox.com/s/f8b69w397rsab5u/Supreme%20Court%20Huzar%20Dawson.pdf?dl=0
(Many thanks to Bott and Co for making this available to share with you all.)After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Many Thanks0
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It may be worth enclosing a copy of the Supreme Court order of 30th October to add some weight to your response.0
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Ha ha great minds think alike 111KAB I went back 1 minute before you posted and added the info from Vauban. :beer:After reading PtL Vaubans Guide , please don't desert us, hang around and help others!
Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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