Flight delay and cancellation compensation, Tui/Thomson ONLY

blondmark

darkwarrior wrote: »

So Thompson filed an Acknowledgement of Service on June 17, and the court document sent to me said they had 28 days to actually do something about it. By my calculation that ran out on Monday and I've received no further correspondence, what would be my next step? Wait a bit to see if something comes?

No - fill in the bottom slip of the form they sent you and apply for judgment by default with immediate payment.

111KAB

I know I'm stupid (tend to give them it bit more time to correct the error of their ways) but the other 'guys' are 100% correct - ie respond in 14 days otherwise you are stuffed. Determine the timescale based upon your own standards.

jenn1ewest1

Would like to say a massive thank you to all you guys on here pointing me in the right direction and all your help over the last twenty four hours
Jennie

bazaar_2

Pierre_De_Grenoble wrote: »

Hello, I have been following this Thread since February and can see that Thomsons will always dig their heels in untill the finnish, and so decided to use Bott & Co, who in fact pass everything straight to EUclaim.

THe flight was a First Choice Airlines FCA044 on Sat 08/02/08 which left 6 + hours late. (details are on Flight Stats)

EUclaim said no claim as Firstchoice went bankrupt (which was a surprise to me) so I queried this and recieved the following email:-

After further investigation into First Choice Airways I have found out that they ceased trading on 1st November 2008. In March 2008 TUI AG merged with First Choice Holidays PLC forming TUI Travel and both Thomsonfly and First Choice Airways were merged as Thomson Airways.
Thomsonfly Limited changed its name to Thomson Airways Limited in November 2008 and both Thomsonfly and First Choice Airways ceased trading and were both rebranded to Thomson Airways.
Therefore First Choice Airways no longer exists, however, First Choice still operates on the high street and overseas.

Has anybody had any experience of claims against these now "defunct" airlines, as to my mind, a merged/taken over airline is not the same as a failed/bankrupt one, or is that just wishful thinking.

Steve

You should be OK, you MUST put on any claim involving bookings through First Choice, THOMSON AIRWAYS as the airline.
Ive had the same thing. Just got all my paperwork done with a N244 Application to change the name, so everyone, please be aware of this. Its cost me an extra 45 quid this morning.
Off to place it all in First Class signed for right now.

bazaar_2

Cherrycherry wrote: »

Hi guys. Have received letter from Country Court saying: "If the Claimant wishes to make a claim on behalf of his partner, the the Claim form must be amended to add that the person as a party to the case". Could anyone advise how can I do this, did anyone have the same issue? Thanks.

If you did it online, only one claimant can fit in the box. BUT, (and ive spoken to MCOL about this), You put in your Particulars of Claim that you are claiming on behalf of the other members of your party, THEN, Name them individually.
The MCOL staff told me this is OK, it just means when you get judgement in your favour, all the money goes to you, then you dish it out.

richardw

bazaar wrote: »

..The MCOL staff told me this is OK...

NO NO NO NO NO NO

It most definitely isn't OK.

If you can't put claimants' names in the claimant box then they aren't claimants.

It really is that simple.

The District Judges know this. The airlines' solicitors know this. Only the claimants listed in the claimant box will be acknowledged.

If you can't get all the claimants' names in the claimant box on MCOL, Don't use MCOL!

Use N1 http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and forget about MCOL.

How do I know this? Because it happened to me.

catoutthebag

Just filled in n1 (with brief details in the small box - can you write overleaf ?)...what does one do now?

bazaar_2

richardw wrote: »

NO NO NO NO NO NO

It most definitely isn't OK.

If you can't put claimants' names in the claimant box then they aren't claimants.

It really is that simple.

The District Judges know this. The airlines' solicitors know this. Only the claimants listed in the claimant box will be acknowledged.

If you can't get all the claimants' names in the claimant box on MCOL, Don't use MCOL!

Use N1 http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and forget about MCOL.

How do I know this? Because it happened to me.

Maybe theres conflicting advice from MCOL staff then, I'll just wait and see now. If I only get one payout ( assuming I win of course), then the others in my party will simply apply a claim in their own right.

richardw

bazaar wrote: »

...If I only get one payout ( assuming I win of course), then the others in my party will simply apply a claim in their own right...

er airline solicitors know a trick around that.

You'd be best sorting things out ASAP. DON'T WAIT AND SEE.

Gibbon1_2

I'm looking for some advice please. I have written to Thomson regarding a flight delay of over 7 hours on a flight to Egypt on 2nd November 2008. The first letter they totally ignored! They have since written back to me saying:

"The European Court of Justice has confirmed that as the Regulation (261/2004) doesn't say how long passengers have to bring their claims, we need to look at our mational 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 flights that were delayed more than two years ago."

Is this the case or am I having the wool pulled over my eyes and should I now complain to the CAA? My apologies if this has already been answered elsewhere on the Forum but I couldn't see anything which answers my question. Thanks.