Flight delay and cancellation compensation, Tui/Thomson ONLY

jenn1ewest1

jenn1ewest1 wrote: »

can anyone help me on this one please

I have just been on to the court website and this is the answer I found to the form that I Have ALREADY PAID CLAIM
What if my defence is that I have already paid?
You should still fill in the defence Form N9B and send it to the court. A copy will be sent to the claimant who will be asked to let you and the court know whether:

It is agreed that the money has been paid and the matter will not be taken further or
If it is not accepted that the money has been paid, that the claim should continue as a defended claim.
The claimant must respond within 28 days of receiving the court's notice of your defence.
If you paid the money after the date of issue (shown on the claim form), the claimant may still claim for the court fee and any amount of solicitor's costs, shown on the claim form. You should send the money direct to the claimant.

So does this mean I just wait for them to post me a cheque for the amount owed x

darkwarrior

Mark2spark wrote: »

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*.

So is filing a claim going through this MCOL website and paying the £35? Also I had originally claimed for myself and another passenger, but for the total cost of each of us i'd have to pay £60 to start the claim, can I just claim for my individual cost outlined in the letter I originally sent to Thomson or do I have to continue claiming for both of us as I know the other person won't fork forward any money for that.

For the user who said I should send an NBA first, while it isn't an NBA my original letter did include "If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court. "

jenn1ewest1

A_Flock_Of_Sheep wrote: »

How will the guy get on if he has court dates double booked. Will be costly for them sending two people with travel and wages for a relatively small claim

wonder why we are all getting different responses I just got a form saying THe Defendent has already paid the claim which should have had an N9B attached to it but this was missing.I have e-mailed thomson legal department to ask why it is missing
JH

111KAB

A_Flock_Of_Sheep wrote: »

Why is your case taking so long? I thought Small Claims were heard in about an hour and judgement is passed. So for £500 Thomson are already in the negative with your claim? If you lose they are in the negative and if you win they are in the negative.

Even though on Thomson thread mine is not a claim against Thomson however Court allocated 1.5 hours for hearing based upon Court opening time of 10.00 am. Previous case ran over so we did not enter Court room until 12.30 pm. Airline evidence was flawed and Judge called a halt an adjournment. Next hearing next week and firstly Judge wants an explanation from airline why their evidence was wrong in first place so he has allocated 2 hours to next hearing. Airline already way over my claim and by the end of next week they will be substantially over.

A_Flock_Of_Sheep

111KAB wrote: »

Even though on Thomson thread mine is not a claim against Thomson however Court allocated 1.5 hours for hearing based upon Court opening time of 10.00 am. Previous case ran over so we did not enter Court room until 12.30 pm. Airline evidence was flawed and Judge called a halt an adjournment. Next hearing next week and firstly Judge wants an explanation from airline why their evidence was wrong in first place so he has allocated 2 hours to next hearing. Airline already way over my claim and by the end of next week they will be substantially over.

Hi! Who is your claim against - you think they would just take the sensible course and just pay you off and call it a day.

If I was a Shareholder of TUI I would be questioning why they are wasting money defending claims that make them lose more money then if they just paid up in the first place. Maybe it's time to buy some shares.

A_Flock_Of_Sheep

Centipede100 wrote: »

If you wish to ask for information from the airline you just need to write to them but they are not obliged to reply. As you are now in a legal process, the time for requesting info has surely passed which is the reason you started legal proceedings was it not?

It seems the AQ form has changed as of April. Previously there was a box where you could ask the other side for information.

jenn1ewest1

Centipede100 wrote: »

I would not be waiting for anything. You should write to the court (copy in the airline) stating that the claim has not been paid and that the N9B form was not attached.

I have just spoken to Thomson Legal and they say that the court has made a mistake and sent out the wrong defence form,and they intend to defend.I spoke to quite a helpful person in the legal department at TUI so took the opportunity to ask what the problem was with the enngine and he says the report says it was a warning light on the engine surely this is not an extraordinary circumstance
JH

111KAB

jenn1ewest1 wrote: »

.... he says the report says it was a warning light on the engine surely this is not an extraordinary circumstance
JH

A technical problem with an aircraft is not extraordinary. Aircraft have millions of parts, they are complex machines and technical problems occur with airplanes every minute of every day. A technical problem is quite ordinary and common place and is nothing to worry about. It is how the airlines deal with these technical problems which should be your concern and if they delay repair beyond 3 hours then it suddenly becomes their concern!

Tresh

Further to my earlier posts, my initial letter was sent to Thomson on 29 April. I got a response dated 3 May indicating that I would receive a reply within 28 days. Needless to say I havent', so have sent letter giving them 7 days failing which I issue Court proceedings, which seem all but inevitable.

For anyone who has ended up at a hearing, have Thomson ever produced any witnesses or has it been simply counsel alone to represent them?

A_Flock_Of_Sheep

Thomson have said that they do not wish to have mediation. They ticked the box that said no