Flight delay and cancellation compensation, Tui/Thomson ONLY

blondmark

zzx wrote: »

... and [Thomson] are ignoring my requests for information so i may have as complete a witness statement as possible.

That's exactly the same game as they've been playing with me. Several times I have written to Thomson requiring full details of their defence, but despite their obligation under the CPR to cooperate, they ignored every request until I complained to the Judge. You should now do that too.

Then, under a Statement of Truth, signed by their Tony Moran, they had the audacity to claim that they had already sent me full details of their defence a month ago.

Of course nothing was received, and I only discovered their real defence by chance when they disclosed their bundle early due to a slip up over the dates. Oh dear.

They dropped their main defence of bad weather and went instead with a real work of fiction, twisting all the timings and falsifying the charts to fit their new story. I have to say I was shocked by the number of lies and inventions it contained that were also signed by Statements of Truth.

Unfortunately for Thomson though, their new bogus defence concerns an incident that was widely reported in the press and all reports confirm they should have taken off well before it happened. So unless they intend to plead that air traffic control were psychic and prevented them taking off because of something that was about to happen an hour and a half later, that defence would appear to be dead in the water.

So I look forward to my day in court next month. Apparently they're treating me to a specialist aviation law barrister from 1 Chancery Lane chambers.

Sounds like a fun day out. :cool:

jenn1ewest1

Hi Everyone could really do with some advice or help as I have just had a letter from the Judge saying
the claim is stayed on the grounds that the claimants statement of case discloses inadequate particulars of claim.unless by 4pm 29th of july the claimant files further statement of case that sets out full particulars of claim and provides proof and confirmation of flights taken the claim will stand struck out
I cant find anyone else who has come across this problem
JH
ps I have my original booking documents as proof and a letter off tui denying my claim as it was over two years old and a stamp in my passport as we went to the usa

Vauban

jenn1ewest1 wrote: »

Hi Everyone could really do with some advice or help as I have just had a letter from the Judge saying
the claim is stayed on the grounds that the claimants statement of case discloses inadequate particulars of claim.unless by 4pm 29th of july the claimant files further statement of case that sets out full particulars of claim and provides proof and confirmation of flights taken the claim will stand struck out
I cant find anyone else who has come across this problem
JH
ps I have my original booking documents as proof and a letter off tui denying my claim as it was over two years old and a stamp in my passport as we went to the usa

I have not seen that before. Your booking documents should provide all the necessary "proof" that you took the flight, but a copy of your passport showing entry would also be helpful. Send them to the court, with a note to say that if there is doubt over your assertion that you took this flight - despite a signed statement to this effect as well as the enclose documentation - the airline's records should be able to show this as well.

At what part of the legal process are you at? Have you submitted your allocation questionnaire - or are you further on in the process with a date and venue for the substantive hearing?

jenn1ewest1

Vauban wrote: »

I have not seen that before. Your booking documents should provide all the necessary "proof" that you took the flight, but a copy of your passport showing entry would also be helpful. Send them to the court, with a note to say that if there is doubt over your assertion that you took this flight - despite a signed statement to this effect as well as the enclose documentation - the airline's records should be able to show this as well.

At what part of the legal process are you at? Have you submitted your allocation questionnaire - or are you further on in the process with a date and venue for the substantive hearing?

I was awaiting a date I did the allocation questionaire in june ,I have rewritten all the details of what happened at the airport including why i am claiming and how much named all my family who were travelling with me and I have now also added my witness statement to it in the hope that it will have all the information that the judge requires
would welcome any advice or guidance on this

blondmark

jenn1ewest1 wrote: »

Hi Everyone could really do with some advice or help as I have just had a letter from the Judge saying
the claim is stayed on the grounds that the claimants statement of case discloses inadequate particulars of claim.unless by 4pm 29th of july the claimant files further statement of case that sets out full particulars of claim and provides proof and confirmation of flights taken the claim will stand struck out
I cant find anyone else who has come across this problem
JH
ps I have my original booking documents as proof and a letter off tui denying my claim as it was over two years old and a stamp in my passport as we went to the usa

If you've got digital copies of everything, I'd be happy to take a look. Message me if it helps.

User4815

User4815 wrote: »

Received my fob off letter in the mail yesterday.

2 whole pages of big words and !!!!!!!!!

3 lines of the whole letter pertained to my case and I will quote them below:



I initiated contact with them in April and got the 28 days letter. In the meantime I contacted an agency here in the ROI. They have passed on my claim to Spain (as our flight was Malaga > Dublin.

Will wait to see how the Spanish investigation goes. After that anyone have any other suggestions?

Would be so much easier if I was in the UK like the rest of you folk.


Regards,
Gary.

Advice please anyone?

Thanks in advance.

111KAB

User4815 wrote: »

Advice please anyone?
Thanks in advance.

Spanish NEB will rule in your favour but their assistance, unfortunately, not worth the paper it is written on as Judge (if you go to Court) will ignore as their (NEB) opinion carries no weight in Court. So I'm afraid if you wish to pursue it is Court action. Good luck!

bazaar_2

markavo1 wrote: »

You can't use civil procedure rule 31 on any claim allocated to a small claim track (see civil procedure rule 27.2)

Hi Marko, technically you can as the claim is trackless at the time of allocation questionares, but, as vauban put it, we have proof usually in the letters the airlines write back with

georgewn.1

holidayfan wrote: »

FINALLY - I have received a response from Thomas Cook and i am dealing with them via email. I'm not sure what to say to this response (Below). Can anyone give me an idea on what to respond with?

Would be great to hear if anyone was on the flight from Glasgow to Orlando on the 26th August, Delayed 24 Hours

Dear Holidayfan

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

Kind Regards,

This is an interesting reply in that it contains a lot of words but it says nothing.
There is nothing in the reply that is specific to you and your flight, yes it mentions that circumstances surrounding you flight were of a technical nature but it fails to tell you what these circumstances were.
There is however in my opinion one very interesting sentence in the reply, " These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s."
In their own words the events are unpredictable not exceptional.
I would say that regardless of the service history of the vehicle if breakdowns were exceptional nobody would ever need to join the RAC or AA.
Breakdowns are inherent and expected in the operation of a car or an airline.

blondmark

User4815 wrote: »

Received my fob off letter in the mail yesterday.

2 whole pages of big words and !!!!!!!!!

3 lines of the whole letter pertained to my case and I will quote them below:



I initiated contact with them in April and got the 28 days letter. In the meantime I contacted an agency here in the ROI. They have passed on my claim to Spain (as our flight was Malaga > Dublin.

Will wait to see how the Spanish investigation goes. After that anyone have any other suggestions?

Would be so much easier if I was in the UK like the rest of you folk.


Regards,
Gary.

Advice please anyone?

Thanks in advance.

Actually, if you speak Spanish, you should find it easier claiming from Spain under the European Small Claims Procedure (Form A). There is a place on the form asking where you would like the claim to be heard (Spain) and whether you would like the case decided in a hearing or on the papers (on the papers).

Best of luck!