Flight delay and cancellation compensation, Tui/Thomson ONLY

markavo1

Vauban wrote: »

You are getting ahead of yourself! You send off the allocation questionnaire and wait for a court date. Then you are invited to send in your bundle, including the witness statement responding to their preliminary defence.

That would make sense, but I was reading the civil rules and practice direction and part 15 says any reply to defence must be submitted alongside the allocation questionnaire

jenn1ewest1

Vauban wrote: »

Another success through Court action! Well done. They're starting to come in now ...

Hi Vauban received my defence letter from Thomson today and to be perfectly honest I am a little bit dissapointed.I was looking forward t
o a legal Battle when in fact the defence looks like it came from a six year old and whoever signed it really should have got a grip with handwriting
1-10 is just telling us they are denying compensation because of the two year rule when in fact it is six years as we all know they do throw in that i need to prove I was on the flight that is fine i have a printout of my booking and booking reference and passport has a stamp for entry into usa
then 11 through to fifteen is how it is an unforeseeable circumstance due to an unforeseeable technical fault prior to its departure namely a problem with one of the aircrafts engine.
is it me or am I expecting too much from the legal eagles up at TUI because I was expecting to be baffled by science in technical jargon .
The real question I wanted to ask is when I will get my allocation questionaire and will it be in the post or do I need to go on the court website
JH:beer:

111KAB

jenn1ewest1 wrote: »

The real question I wanted to ask is when I will get my allocation questionaire and will it be in the post

It should arrive snail mail ~ good luck

jenn1ewest1

dxc_chappie wrote: »

Hi all, I put in a claim with Thomson for a delayed flight in August 2007 - initially I received 4 letters with the usual 2 year rubbish.

Started my court claim and have now received their defence: 2 years as per Montreal Convention and extraordinary circumstances from a problem with an engine.

As part of their Montreal defence they accuse me of abusing the court process by submitting my claim:
"... No such action was brought within that 2 year period (this action having been issued on xx/xx/xxxx). Accordingly, the current proceedings fail to disclose a reasonable cause of action and/or are an abuse of the court's process."

Go figure!

sounds like we have identical letters

Vauban

jenn1ewest1 wrote: »

Hi Vauban received my defence letter from Thomson today and to be perfectly honest I am a little bit dissapointed.I was looking forward to a legal Battle when in fact the defence looks like it came from a six year old and whoever signed it really should have got a grip with handwriting. ... Is it me or am I expecting too much from the legal eagles up at TUI because I was expecting to be baffled by science in technical jargon.

Well it may possibly be that the defence is designed to bamboozle folk who aren't familiar with Wallentin et al, and therefore not inclined to take it further.

But - whilst I share your sense of disgust at the lack of legal integrity in the airline's argument - I wouldn't be too complacent either. If the airline gets lucky with a judge not familiar with the law, and you are not able to bring focus to the proceedings, it's not inconceivable that their tendentious pitch could succeed. It's up to you to make sure that doesn't happen!

Mark2spark

dxc_chappie wrote: »

Hi all, I put in a claim with Thomson for a delayed flight in August 2007 - initially I received 4 letters with the usual 2 year rubbish.

Started my court claim and have now received their defence: 2 years as per Montreal Convention and extraordinary circumstances from a problem with an engine.

As part of their Montreal defence they accuse me of abusing the court process by submitting my claim:
"... No such action was brought within that 2 year period (this action having been issued on xx/xx/xxxx). Accordingly, the current proceedings fail to disclose a reasonable cause of action and/or are an abuse of the court's process."

Go figure!

You were barred from making a claim in the UK until 23 Oct 12 when the ECJ Grand Chamber made their ruling on the airlines appeal, as ALL claims in the UK were stayed by the courts.
But the 2 year limit is nonsense anyway, look at the More ruling by the ECJ, they were asked is it the M Convention time limit, or each countries own time limits.
The ECJ said it's up to each country.
So Thomson then say well in the UK that's 2 years as per the Montreal Convention :cool:

corleone8400

Firstly, I would like to say thank you to all of those in the forum for the advice and content shared as it has definitely helped in getting me to the stage I am at now.

To summarise, I have been fighting with Thomson for the last 2 years over a 25 hour flight delay to Cancun in 2011. I was notified the day before my flight by text message (which I still have) that my flight was to be delayed and to now turn up the day after my planned departure. Numerous letters have been sent to Thomson since then and I have gone through their 56 day wait for them to investigate the case. Their response for delay was:

"We have looked at our Internal Flight Reports which show that your flight was delayed due to capacity limitations within the Thomson Airways Fleet. When looking at whether compensation is due, we have to look at the root cause. The root cause of this delay was due to one of our aircrafts being on the ground with a technical issue. This was a hydraulic leak which is not something that can be detected in the pre-flight safety checks. Therefore this is classified as Extraordinary Circumstances"

I am aware of their tactics to deter people from pursuing this matter further, and such is the anger I feel towards them about this that I will definitely not be letting them get away with it that easily. I am currently in the process of submitting my claim to the MCOL in order to fight this in court. I would like to know what would be the best approach to take when putting through my claim, and what points should I be looking to raise?
I have also seen the below template which Centipede kindly posted. Would something of this sort with modification to my personal circumstance be suitable for submitting my claim in the first instance to mcol:

“I claim compensation under Article 7 of EC 261/2004 pursuant to the Sturgeon judgment in the ECJ (Case C-402/07 dated 19 November 2009) which provides for EUR400 per passenger per delayed flight to be paid in the following circumstances.

(Insert your own brief description here something like)... [Our flights were delayed leaving Manchester and Lanzarote respectively. We arrived in Lanzarote 5 1/2 hours after the scheduled arrival time and in Manchester 5 hours after the scheduled arrival time]. The airline has not provided a reason or defence for the delays suffered (but you should state the reason if they have included anything within the correspondence to you).”

Any advice would be greatly appreciated.

Thanks

111KAB

corleone8400 - Great Circle indicates
CUN (21°02'12"N 86°52'37"W)MAN (53°21'13"N 2°16'30"W)39.3° (NE)7805 km

I have just taken MAN as an example.

corleone8400

Thanks for your reply, thats correct. The claim for my particular circumstances which I have sent to Thomson is for 1200 euros as there were 2 passengers travelling.

Would I also be able to claim for interest and what is the best way to present this as well as calculating?

111KAB

corleone8400 wrote: »

Would I also be able to claim for interest and what is the best way to present this as well as calculating?

Court claim allows you to claim 8% interest from date of delay. If MCOL application then calculation method provided on website and it 'automatically' adds to Particulars of Claim wording.