Flight delay and cancellation compensation, Thomas Cook ONLY

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1768769771773774858

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  • endaf
    endaf Posts: 78 Forumite
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    edited 4 May 2016 at 10:57PM
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    Yes it was another county court decision regarding the same flight. Great news that the judge doesn't have to abide by that ruling and that it was over a year ago but they forgot to mention it! If TC bring it up I'll certainly be mentioning that they tried to mislead the court etc.
    I'm happy with the strength of my case, I just hope the judge does as well!
    Yes the judge formally asked TC if there was any previous decision regarding this flight and they formally replied with no. I'll be taking those letters with me tomorrow. No curve ball questions as such but I have put in my particulars that I'm asking them to show what efforts they made that day to prevent the delay, the only answer I can see from their defence is that they gave us food vouchers!
    Well in 24hrs it'll be over with after nearly 2 years of time spent-lets just hope it wasn't in vain!
  • JPears
    JPears Posts: 5,086 Forumite
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    we await your outcome......
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    The alleged Ringleader.........
  • Vauban
    Vauban Posts: 4,736 Forumite
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    Good luck for today endaf!
  • endaf
    endaf Posts: 78 Forumite
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    Hi all, back from the court and still taking it all in to be honest! Literally David v Goliath as they turn up with 2 solicitors and 2 star witnesses verses little old me! Was little intimidated to be honest and they were firing on all cylinders. They preempted a lot of questions I'd planned on asking the witnesses and obviously twisted the answers to put TC in a good light. But I managed 3-4 questions that certainly hit home and strengthened my case.
    I was praised more than once by the judge on my indepth detailed written submission (that's obviously thanks that goes to Vauban and all on here though!!)
    Judge admitted she had not had time to read all the submissions from both sides and didn't want to rule until she had done so. So in the end didn't get a ruling today but in a way I'm glad she didn't make a snap decision as even I was impressed with TC's defence! So on it goes, it's out of my hands now but I'm happy with my conduct in the hearing and just hope it's enough!!
    Again, I cannot thank you enough to all on here for the ongoing help you've provided-if I was able to buy you all a drink I would! I'll obviously let you know the written decision as soon as I get it.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    endaf wrote: »
    Hi all, back from the court and still taking it all in to be honest! Literally David v Goliath as they turn up with 2 solicitors and 2 star witnesses verses little old me! Was little intimidated to be honest and they were firing on all cylinders. They preempted a lot of questions I'd planned on asking the witnesses and obviously twisted the answers to put TC in a good light. But I managed 3-4 questions that certainly hit home and strengthened my case.
    I was praised more than once by the judge on my indepth detailed written submission (that's obviously thanks that goes to Vauban and all on here though!!)
    Judge admitted she had not had time to read all the submissions from both sides and didn't want to rule until she had done so. So in the end didn't get a ruling today but in a way I'm glad she didn't make a snap decision as even I was impressed with TC's defence! So on it goes, it's out of my hands now but I'm happy with my conduct in the hearing and just hope it's enough!!
    Again, I cannot thank you enough to all on here for the ongoing help you've provided-if I was able to buy you all a drink I would! I'll obviously let you know the written decision as soon as I get it.

    Well done for standing your ground and facing them down. What astonishing overkill, to send two lawyers with witnesses. Reminds me of my own case, when Monarch sent two London barristers, a paralegal and two senior witnesses (neither of whom could answer my questions credibly). Such a waste of their money ...

    Let's hope you get the same result that I did - but regardless take some pride in standing tall.
  • JPears
    JPears Posts: 5,086 Forumite
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    Was TCs incorrect disclosure etc raised? What arguments were they putting forward? Don't worry about their "slickness" - its their job, some of them love the sound of their own voice and its to intiimidate you. Judge should be used to it and will balance it hopefully. It would be worrying if they weren't (as some airline barristers have discovered)

    And it will have cost TC far more in legal expenses than any compo you are due.
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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    Many of us have been through what happened to you today, unfortunately it's not unusual.

    As Vauban says, you can stand tall in the knowledge that you have done your best.

    Well done, regardless of the final outcome.:)
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
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    It sounds as if the judge is going to prepare a reserved written judgment and we await the outcome
  • endaf
    endaf Posts: 78 Forumite
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    It never ends! Today I've had a copy of a letter from the court asking TC whether there have been any other claims in regards to this flight. Now TC did mention as a surprise thing during the hearing and a day previously that another hearing was heard in April 2015 where the court ruled in favour of TC. Even though they stated in November in writing that no other hearing had been heard.
    So I'm guessing the judge wants to see the whole ruling-am I being panaroid in thinking she wants to see this in order to abide by the same decision and refuse my request?
    And if I'm right, is there anything I can write to the court to try and persuade her not to? Am I best to stay out of it or go down fighting with a covering letter stating that judgement didn't provide as much info as I did etc!
    It's just never ends!
  • JPears
    JPears Posts: 5,086 Forumite
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    edited 7 May 2016 at 9:03AM
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    Was it pointed out in the hearing that judge had requested such information 6 months ago and TC had failed to provide it?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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