Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Vic,

In his enthusiasm, Stavros hasn't spotted you are already in a legal process

But his assessment is broadly right: none of these are compelling arguments. You need to show that on the balance of probabilities you were on the flight: if you have a booking reference and invoice, etc, you will be fine.

The stuff about the BPCU is all very interesting, but not especially relevant to the issues at hand. Make sure you know the Wallentin judgement well, as that's the one that underpins why such technical failures are not "extraordinary circumstances".

The point about damages is silly - and presumably an attempt to trap you in the Montreal convention. You are not seeking damages, but statutory compensation as laid down in 261/04. The fact that they make this argument suggests to me it is not a serious legal document.

So press ahead - you'll get an allocation questionnaire in due course where you apply to transfer the case to the small claims court in your local area. And then - a few months later - you'll get a date. Only at that point will you need to submit a response to these spurious arguments.

VicsSmith

Thats fantastic, I really do appreciate you taking the time to respond. Do you think its worth me arguing as they had a number of different technical faults on the same flight, it seems to show a lack of maintenance? Or do you think I'm just opening up an argument thats not required? Also, do you think it should be said after the first fault was fixed and they found another that they were unable to fix for a long time due to the part not being kept in Newcastle (it ended up a 12 hour delay) they should have found another plane for us to fly on?

Cheers again, I owe you a virtual pint!

jenn1ewest1

Centipede100 wrote: »

Allocation to court is next stage in proceedings. As an individual claimant v a company, the location is usually the county court nearest you.

Hi Everyone just an update I filled in my allocation questionnaire the week before last and sent a copy to the court with my cheque (cashed yesterday) and a copy to Thomson airlines.this had to be submitted today at the latest.Today I receive a copy off Thomson of their directions questionnaire saying that they don't want mediation ,there will be two witness including the person who signed the form and they don't want to use written evidence from an expert back to the waiting game but edging closer to my day in court
JH

A_Flock_Of_Sheep

jenn,

They ticked no to mediation on my form and also the same number of people. Mr Moran - the bloke who signed the form plus two others. Will be an expensive game for them to come all the way up here from Luton especially as my claim is in the low hundreds. Would be cheaper for them to just pay up.

Even if I lose I know I can go smugly away knowing it has caused them hassle and more importantly expense more than the cost of what is claimed.

jenn1ewest1

A_Flock_Of_Sheep wrote: »

jenn,

They ticked no to mediation on my form and also the same number of people. Mr Moran - the bloke who signed the form plus two others. Will be an expensive game for them to come all the way up here from Luton especially as my claim is in the low hundreds. Would be cheaper for them to just pay up.

ooh im just one plus mr moran,I have e-mailed and asked if they could be a little more specific than an engine problem however had no response from him .Think we are at similar stage in this process
JH

Bonters

A_Flock_Of_Sheep wrote: »

jenn,

They ticked no to mediation on my form and also the same number of people. Mr Moran - the bloke who signed the form plus two others. Will be an expensive game for them to come all the way up here from Luton especially as my claim is in the low hundreds. Would be cheaper for them to just pay up.

Even if I lose I know I can go smugly away knowing it has caused them hassle and more importantly expense more than the cost of what is claimed.

I think that if they're currently saying they will defend the claim, they're more or less bound to tick 'No' to mediation? It follows naturally that if they're saying the claim is invalid, there is no question of mediation. That's my take on it anyway. They usually mediate and give in anyway.

Mark2spark

A round of applause to Vauban who continues to give spot on advice.

Pat yourself on the back mate

nigelpm

Got the standard "I will defend this claim" on the penultimate MCOL deadline day from Thomson.

Looking forward to reading their defence statement.

Am I right in thinking they now have 28 days to issue it?

And if they don't issue one they lose automatically?

Vauban

nigelpm wrote: »

Got the standard "I will defend this claim" on the penultimate MCOL deadline day from Thomson.

Looking forward to reading their defence statement.

Am I right in thinking they now have 28 days to issue it?

And if they don't issue one they lose automatically?

I believe 28 days from when the papers were served on them. And if they fail to file a defence, the judge gets to decide whether to cut them slack or move to a default judgement.

Don't get too excited - their defence will be as p--- poor as the others they've issued.

romanby1

Mr Moran dealt with our case, quite abrupt on the phone when they offered to settle 3 weeks before the court date. The defence was as usual a load of ********. Reluctant to pay up straight away their excuse being it takes 3 weeks to transfer money from their accounts department. We emailed them, we were submitting the papers back to the court at the end of the week if the money was not in our account by then. It was there the next day.