Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

retatco wrote: »

I received Thomson's defense this morning, 5/7. The letter was dated 1/7 and posted 3/7, their 28days expired on 1/7. I have already sent the Request for Judgment, it will be interesting what happens now?
Oh, by the way, their defense is a mirror copy of the complete rubbish others have had!!

Most judges seem to accept these late submissions, judging by others' reported experiences - except for those in Scotland, who evidently view such tardiness more seriously!

Centra

Hi,

Following Martins TV show on reclaiming for flight delays I used used the MSE letter template and sent of my claim to TUI - Thompson for a flight delay 24 hrs caused by them in December 2010 - the flight was from Gatwick to Florida on their own plane. Sent the claim letter on 12.04.13 and recieved a reply from them 04.07.13 dated 28.06.13.

Their reply has quoted the following:

"The European Court of Justice has confirmed that, as the Regulations doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with international carriage by air need to be brought within two years . We therefore can't consider claims for flifghts that were delayed more than two years ago"

Is their reply correct, which means I cannot persue the claim any further?

Or is this a delay tatic to put cliaments off proceeding any further with a claim?

If I can still proceed with the claim what is the best way to proceed.

Vauban

Centra wrote: »

Hi,

Following Martins TV show on reclaiming for flight delays I used used the MSE letter template and sent of my claim to TUI - Thompson for a flight delay 24 hrs caused by them in December 2010 - the flight was from Gatwick to Florida on their own plane. Sent the claim letter on 12.04.13 and recieved a reply from them 04.07.13 dated 28.06.13.

Their reply has quoted the following:

"The European Court of Justice has confirmed that, as the Regulations doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with international carriage by air need to be brought within two years . We therefore can't consider claims for flifghts that were delayed more than two years ago"

Is their reply correct, which means I cannot persue the claim any further?

Or is this a delay tatic to put cliaments off proceeding any further with a claim?

If I can still proceed with the claim what is the best way to proceed.

Read the FAQs on page one, and all the links. Everything you need is there. But in short, you have a claim (the two years is bunkum) but you'll need to initiate legal action.

111KAB

Centra wrote: »

Hi,


If I can still proceed with the claim what is the best way to proceed.

See posts #113 & #114 > https://forums.moneysavingexpert.com/discussion/comment/62251069#Comment_62251069

Question already asked and answers given!

chezza2524

Well, thats my MCOL submitted, after the usual 2 years your out of time.
Let the god times roll, Does anyone know what happens now?

111KAB

chezza2524 wrote: »

Well, thats my MCOL submitted, after the usual 2 years your out of time.
Let the god times roll, Does anyone know what happens now?

Won't go through everything but you will receive a Court (Northampton) acknowledgement confirming they have copied your claim to Thomson and then a wait to see if they intend to defend.

Vauban

chezza2524 wrote: »

Well, thats my MCOL submitted, after the usual 2 years your out of time.
Let the god times roll, Does anyone know what happens now?

Is the Almighty on our side too? Oh course he is!

chezza2524

Haha Can't believe I missed that, but of course he is, we have the law on our side

Basingstoke_Betty

Hello,

I'm in the processes of trying to set up mediation with Thomson (yes, they have agreed!). I haven't yet submitted any kind of detailed response to their defence, no witness statements or anything. So my question is this - do I need to be as au fait with all the legal references before the mediation session as I was planning to be for the court case? I'm a little nervous if I'm being honest.

My planned route of argument is that a) my delay, which was due to staff not having enough hours, was caused by a delay on a previous flight and they cannot refer to it when making their defence - they should have had measures in place to account for delays which would make staff go over hours such as better staff scheduling/back up staff etc. And b) that the EC's referred to on the previous flight were mere technical problems which were quickly rectified (causing only a 1 1/5 hour delay to that flight), and nowhere near extraordinary enough to justify a 18.5 hour delay to our flight - reference Sturgeon and the expectation that airlines deal with complex machinery and as such should have systems in place to deal with technical issues when they go wrong.

Any other thoughts? Has anyone had a mediation phone call with Thomson yet?
BB

blondmark

Vauban wrote: »

Read the FAQs on page one, and all the links. Everything you need is there. But in short, you have a claim (the two years is bunkum) but you'll need to initiate legal action.

That's absolutely right. Unfortunately not all county court judges are up to speed with 261/2004 and as we know certain airlines claim that More v KLM is open to interpretation.

Fortunately though courts allow litigants to submit authoritative sources of law which analyse and interpret statute which can be used for the judge's guidance. For example DLA Piper is a highly respected aviation law firm. They publish various articles about developments in aviation law, and you are entitled to print them out and submit them with your bundle of documents.

If a judge is not quite sure whether More v KLM means 2 years limitation under the Montreal Convention or 6 years under the Limitation Act, then make his job easy by drawing his attention to page 2 of THIS.

"In English law, section 9 of the Limitation Act 1980 provides that "an action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date of which the cause of action accrued". In light of the More judgment, a 6 year limitation period therefore applies to claims brought before the English courts."

Google what other lawyers are writing about the same topic and submit those too. It won't take the judge long to cotton on to the fact that we're talking about 6 years under the Limitation Act, and the airline's 2 years under the Montreal Convention is an outrageous try on.