Flight delay and cancellation compensation, Tui/Thomson ONLY

jenn1ewest1

Gooseman41 wrote: »

After my previous post two days ago with regard to the defence I had received. I today have sent the allocation questionnaire back along with my cheque for £40 and also the small claims mediation form.

Interestingly when I got home on the doormat was a letter from the county court in Northampton. This was relating to the same claim (I am also awaiting a different claim defence) but this was a form titled' notice of defence that amount claimed has been paid'. I am now confused. There should be a form N9B which says is attached but this form isn't attached!! The long and short of this new form I have received says 'that the defendant says that the amount you are claiming has been paid (see attached form N9B)'.

Am I going mad? I have not received any money as yet. What do I do now. Attached is the same defence everyone appears to be getting and comically mine on this copy of a fax has got someone else's claim number crossed out and my one written on it!,,,

Can anyone shed any light on what I do now! And what is form N9B?

Thanks

Hope someone can clarify this as I too have received a letter this weekend from the court that states at top of page
Notice of Defence that amount claimed has been paid
it then goes on to say that the amount claiming has been paid see attached form N9B which is not attached
it then gives me two options one to proceed with claim or two I do not wish to proceed with the claim and send a copy of the completed form to the defendant .This is not what I was expecting to receive and I havent received an allocation questionaire as goooseman did
JH

jenn1ewest1

please can someone help and tell me if this constitutes an extraordinary circumstance
their defence is *it is said by the defendant that the aircraft intended to
operate the claimants flight was subject to an unforeseeable technical fault prior to its departure .namely,a problem with one of the aircrafts engines.
it then goes on to say
at all material times,the defendant operated a reasonable system of checks and maintenance to the aircraft concerned
the defect was found prior to the departure of the other aircraft in question
the defect did not stem from events inherent in the normal excercise of the activity of the aircraft carrier
the defendant will rely on nelson and tui case

any advice will be much appreciated
JH

delvey

Thought I would give a quick update
So I sent and NBA to Thomson approx 3 weeks ago. Replied saying that they have to investigate blah blah blah. Now the funny thing is I sent my claim form that they sent me off in January and have confirmation of delivery. So they have had 5 months to investigate. Promptly wrote back stating the above and would give them another 14 days (Aren't I nice),
For anyones information, flight was TOM 2592 from Manchester to Ibiza on the 1st June 2011 for anyone's information
My argument in court will be that Thomson had various other aircraft at Manchester that evening that were not used (I know this as I spent 10 hours waiting for my flight in the terminal) and that should of been enough for them to get the crew in.
Am I right in thinking they will have to proof that they tried every possibility not to delay the flight?
Seems they did not want to pay the over time rate

Which is strange considering a few years back that I was on a monarch flight that was delayed for 2 hours due to ATC strike in France. I spoke to the pilot on landing and he explained he had been called in to take the flight hence him being tired. Double time apparently

darkwarrior

So I have a claim for a flight back in June 15, 2007, and I'm aware of the 6 year time limit that is apparently in place. I claimed back in December but got the 2 year rejection, is there any point still pursuing this or am I going to run out of time first?

delvey

darkwarrior wrote: »

So I have a claim for a flight back in June 15, 2007, and I'm aware of the 6 year time limit that is apparently in place. I claimed back in December but got the 2 year rejection, is there any point still pursuing this or am I going to run out of time first?

By rights no, as you originally applied to claim within the 6 year limit. But I am no expert

lyndac40

darkwarrior wrote: »

So I have a claim for a flight back in June 15, 2007, and I'm aware of the 6 year time limit that is apparently in place. I claimed back in December but got the 2 year rejection, is there any point still pursuing this or am I going to run out of time first?

Hi darkwarrior,

I am no expert either but i am sure i have read on other threads that you have to start court proceedings before the 6th anniversary of you flight.
I am sure some in the know will correct me if i am wrong x

Lynda x

Mark2spark

darkwarrior wrote: »

So I have a claim for a flight back in June 15, 2007, and I'm aware of the 6 year time limit that is apparently in place. I claimed back in December but got the 2 year rejection, is there any point still pursuing this or am I going to run out of time first?

You *MUST* file a court claim before June 14th 2013 or it's all over.
Ideally you should give them 14 days notice that you are going to file a claim if they don't settle up straight away.
But it's all over if you don't lodge your claim *with the court*.

Mark2spark

deb.p123 wrote: »

I have drafted a NBA and think I have put in all I need. Can anyone in the know let me have any comments (I won`t be offended I need all the help I can get as never done anything like this before):eek:
Reference: Compensation claim for cancelled flight.
Booking Reference: TOM137
I completed and posted my claim form on 18th February2013 and have waited well over the 56 days you state it takes to process such aclaim.
As I have not even had the courtesy of a response, it isapparent that court action may be necessary, I write in compliance with thePractice Direction on Pre-Action Conduct.

I claimcompensation for myself, and my partner under Article 7 of EC261/2004, pursuant to the Sturgeon judgment in the ECJ (Case C-402/07 of 19 November2009), which provides for €600 per passenger to be paid in the followingcircumstances.

These were that Thomson delayed my flight from Montego Bay, Jamaica to Manchester on 18th September 2011 and did not return me until 20th September 2011 a delay of some 24 hours.
You have failed to provide any evidence of extraordinary circumstances that would deny the claim, therefore I consider this amount due.
I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4)of the Practice Direction which gives the courts the power to impose sanctionson the parties if they fail to comply with the direction including failing torespond to this letter before claim.
I look forward to hearing from you within the next 21 days.

Insert my text here and delete the below.

If you don't agree with my request for compensation,could you please then send me a detailed response saying why you don't agree. I look forward to hearing from you.

IMO I would insert the lines:
I therefore put you on notice that if you do not settle my claim before the end of this 21 day period, I will be at liberty to commence a county court claim for this compensation, plus interest, without giving your company any further notice.

I've also added a bit in red half way down.
It's up to you really. Although I think the letter is a bit disjointed, and not how I would write it, it nevertheless says the main things that need to be said.
I think the bit I'm uncomfortable with is offering them mediation, - and therefore technically more writing games to play. IMO you need to avoid this and join the queue for the court hearing asap. So sticking to the main point in that they failed to respond, you give them 21 more days or you're off to court, is all you need to do. (with the basic facts about the delay included)
Best wishes

davidbrian55

darkwarrior wrote: »

So I have a claim for a flight back in June 15, 2007, and I'm aware of the 6 year time limit that is apparently in place. I claimed back in December but got the 2 year rejection, is there any point still pursuing this or am I going to run out of time first?

your action started before 6 years so continue. Date of your first letter, asking for compensation, is the date that matters.

spaceaarvark

davidbrian55 wrote: »

your action started before 6 years so continue. Date of your first letter, asking for compensation, is the date that matters.

No. Date that you start court proceedings (MCOL) is the date that matters.