Flight delay and cancellation compensation, Tui/Thomson ONLY

Den_ram

pcyuljr wrote: »

Hi,

I commenced a compensation request in November 2012.

I have sent an NBA in May and am going to submit a MCOL.

However, the only letter I have received from Thomson is acknowledgement of my initial compensation request letter. Thomson's reply was basically a 'we have received your request. Please complete our official forms'.

Their reply to the official forms was a telephone call to my father in April (I am complaining on parents behalf) stating that due to a bird strike causing the delay, this is EC, so no com
They have not followed this up with a letter.

They have not replied to the NBA.

As such, I have very little correspondence from them to use to build a case.

From reading this forum, I know Thomson aren't the best, but the lack of written replies seems odd.

Has anybody else been in a similar situation?

Hi!
I'm in exactly the same situaton...wrote to thomsons with all relevant documentation about 8 weeks ago...then again about 4 weeks ago. Not heard anything back, not even an acknowledgemnt letter. I have now drafted up an NBA, see if I can get a response from them.

spaceaarvark

jenn1ewest1 wrote: »

Does anyone have a court date coming up.I filed my allocation questionaire last week so back to the waiting game for me
JH

I filed my Directions Questionnaire in the last week of April, including my preference for hearings to be heard at my local County Court.
Case was transferred to my local in mid May.
Received notice of the hearing date at the start of this week.
Hearing is scheduled for mid July.

bazaar_2

So we just received notice that Thomson are to defend all of the claim,
I put through on MCOL, I didnt state I would send full particulars, so am wondering if I should do this as a matter of course, and send copies to court. I originally thought that the full blown version can be submitted as a witness statement once we receive their defence.
What do you guys think?

Basingstoke_Betty

Hello - MCOL update. Please note this refers to an 18 1/2 hour flight delay on a flight from Cape Verde to the UK. Our departure was only 2 hours late due to the incoming plane having to have a repair before leaving the UK, but it took 24 hours to get us all the way home!

I have received Thomson defence - seems fairly standard. I assume that I am now awaiting a form from the court to which I can answer their defence points.

In the mean time would appreciate help in preparing my answers on a couple of points:

1) They have included the 'claimant is required to prove that she travelled on the flight' line. I don't have boarding cards, but I do have booking confirmation, letter handed to us as we de-planed in the UK and ALL their correspondence with me since about why my flight was delayed - is that enough?

2) My claim is twofold - firstly that the delay cannot be attributed to a previous flight - what is the legal example I need to quote to back this up? Is it Oyj v Timy Lassooy (Case C-22/11)???

3) Secondly, if the court DOES accept that Thomson can refer to a previously delayed flight (against the above ruling), that exceptional circumstances cannot be applied to a 'pressure regulator valve defect' on the previous flight. This was essentially a minor defect which was fixed in a timeous manner and did not result in a serious delay to that flight, it landed approximately 1 1/2 hours late.

3) I maintain that the delay was due to poor management of staffing rotas. Our departure was actually only delayed by 2 hours, but our ARRIVAL was delayed by 18 1/2 hours because we could only fly for 4 hours rather than 6 hours and we had to stop off on our way home to let the staff rest. Does anyone have any advice on this? If the plane was refuelled, and if we were ready to depart and actually took off only 2 hours delayed, but we had to fly to Tenerife and stop overnight to allow the staff to rest, surely that cannot be exceptional circumstance, just poor rota management?

4) No one gave us ANY opportunity to NOT fly - we weren't told about the delay AT all even though, from the MOMENT they had a delay on the previous flight, they would have known that the staff would not have had enough hours to get us home (that's at least 8 hours of notice); there were no information boards and no ground staff, so they waited until we were on the plane to tell us about the plan to fly us four hours to Tennerife rather than 6 hours home - I'm sure EU law states somewhere that we should have been given the right to cancel our tickets and receive a full refund instead. Where can I find our that information?

5) Finally, my claim form clearly states 'My family, 2 adults and 3 children are
claiming compensation from Thomson Airways
(TUI Travel)for an 18.5 hour delayed flight
on 1st November 2012 under the EU Denied
Boarding Regulation upheld by the European
Court of Justice (ECJ) on 23 October 2012.
Our delay was over 4 hours and our journey
was more than 3,500km (2,175 miles). This
entitles us to 600 Euros per passenger in
compensation'. The DEFENCE letter from Thomson says that 'the claimant is required to prove that she travelled on the flight'....do you think they are going to try to wriggle out of the other 4 claims?

I know I have written a lot here, but it's getting to the point where I need to start getting detailed with Thomson and I really want to get it right.
Thank you

Basingstoke_Betty

bazaar wrote: »

So we just received notice that Thomson are to defend all of the claim,
I put through on MCOL, I didnt state I would send full particulars, so am wondering if I should do this as a matter of course, and send copies to court. I originally thought that the full blown version can be submitted as a witness statement once we receive their defence.
What do you guys think?

Hi - my understanding is that you wait for the defence to come through and that MCOL will send you a form to answer whatever their defence points are and decide whether to go to court or not - if I'm wrong, can someone with more knowledge please correct me as that is the what I am currently waiting for!

jamesh

Basingstoke_Betty wrote: »

Hello - MCOL update.

5) Finally, my claim form clearly states 'My family, 2 adults and 3 children are

I'm looking to start a claim and was under the impression you can't use MCOL for multiple people? You needed to use the N1 manual form.

Or have people been getting MCOL claims accepted?

Thanks.

Vauban

jamesh wrote: »

I'm looking to start a claim and was under the impression you can't use MCOL for multiple people? You needed to use the N1 manual form.

Or have people been getting MCOL claims accepted?

Thanks.

My MCOL form was for my wife and three children, but it really is up to the discretion of the court. If you name yourself and your wife as joint claimants, that should be okay. But use the N1 if you want to be doubly sure.

Basingstoke_Betty

Vauban wrote: »

My MCOL form was for my wife and three children, but it really is up to the discretion of the court. If you name yourself and your wife as joint claimants, that should be okay. But use the N1 if you want to be doubly sure.

Hi Vauban, I'm comfortable that it will be ok now I've read their defence a 2nd time - they are denying a right to 600 euros per person so they have acknowledged that the claim is for more than one person - and I don't think the court would expect two 3yr olds to file for themselves!

Do you have any helpful tips for the other points I made?
BB

blondmark

Basingstoke_Betty wrote: »

Hi Vauban, I'm comfortable that it will be ok now I've read their defence a 2nd time - they are denying a right to 600 euros per person so they have acknowledged that the claim is for more than one person - and I don't think the court would expect two 3yr olds to file for themselves!

Do you have any helpful tips for the other points I made?
BB

You are the Litigation Friend (SEE HERE) of your children and you speak for them (I'm assuming a fare was paid on their behalf entitling them to claim).

In response to your question about whether you can decide whether to go to court or not after issuing proceedings, you are committed to pursue the claim unless both sides agree you may vacate the action. Your particulars of claim are not the same as your witness statement, so put in your full claim straight away if you haven't already.

bazaar_2

jamesh wrote: »

I'm looking to start a claim and was under the impression you can't use MCOL for multiple people? You needed to use the N1 manual form.

Or have people been getting MCOL claims accepted?

Thanks.

I started mine on MCOL and stated at the begining i was claiming on behalf of party and named them.
You can ( which i didnt do ) tick the box stating you will send more detailed POC to the defendant.
So you should be covered.