Flight delay and cancellation compensation, Tui/Thomson ONLY

darkwarrior

blondmark wrote: »

If you issued proceedings using Form N1, the court would have posted you a form telling you how long the defendant has to respond. On the bottom of that is a tear-off form for you to request judgment by default.

If you issued online, there's a button to press to request judgment by default on the basis you have not received a defence within 4 weeks of service (where acknowledged as this has been).

Thanks for the info, I applied online. I'll log in and see if that is an option for me.

EDIT: Apparently they issued a defense on the 9th, I've received no post about it and didn't have net access at the time. Doesn't seem to be any option to respond to it on MCOL or see it either O_o

happychap7

Centipede100 wrote: »

I agree 100% with richardw in this. No name in the claimant box, they are not a claimant.

One proviso to this, by all means one person could act alone and then ask the airline to cough up for the remaining claimants if a successful judgment is obtained. This worked in my own case when a further 7 claimants were subsequently paid but the airline is under no obligation to do so and could force the other claimants to take action themselves.

I am a bit confused now. Ive started MCOL proceedings and I am the claimant and ive put my wife and childrens details in the particulars of claim box when I started proceedings. Do I need to do anything else. Thomsons have just filed an acknowledgement of service and im waiting for their defence.

Cherrycherry

Centipede100 wrote: »

I agree 100% with richardw in this. No name in the claimant box, they are not a claimant.

One proviso to this, by all means one person could act alone and then ask the airline to cough up for the remaining claimants if a successful judgment is obtained. This worked in my own case when a further 7 claimants were subsequently paid but the airline is under no obligation to do so and could force the other claimants to take action themselves.

Yes, I'm using MCOL, and now district judge is asking me to amend the claim, but I can't amend my claim online, can I? Sorry, I'm a bit confused now...

111KAB

Cherrycherry wrote: »

Yes, I'm using MCOL, and now district judge is asking me to amend the claim, but I can't amend my claim online, can I? Sorry, I'm a bit confused now...

No you cannot amend on-line but as you have a DJ your case has been transferred to your local court. Firstly you are 'lucky' the DJ is allowing you to amend.

Secondly you should print off 3 copies of your original claim and in the particulars of claim 'box' you should write amended as attachment or similar. Write out your amendments on a separate page and witness sign and date. Staple the second sheet to the first sending one copy to the court with a covering letter and copying this correspondence to the airline. The third copy is for your files.

This was the advise given to me by my DJ/local court when I noticed a discrepancy in the Monarch submission which I had been unable to mention when I submitted my witness statement.

Cherrycherry

111KAB wrote: »

No you cannot amend on-line but as you have a DJ your case has been transferred to your local court. Firstly you are 'lucky' the DJ is allowing you to amend.

Secondly you should print off 3 copies of your original claim and in the particulars of claim 'box' you should write amended as attachment or similar. Write out your amendments on a separate page and witness sign and date. Staple the second sheet to the first sending one copy to the court with a covering letter and copying this correspondence to the airline. The third copy is for your files.

This was the advise given to me by my DJ/local court when I noticed a discrepancy in the Monarch submission which I had been unable to mention when I submitted my witness statement.

Thanks a lot, now it's much more clearer :T:T:T
BTW, in the same letter, the judge asked the defendant to file at court the statement setting out their reasons for declining mediation. Otherwise if the winner of a case has unreasonably refused mediation, they should not recover any of their cost. That's interesting.

mboo29

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

Load of rubbish, they did not go bust, they merged - my flight was a First Choice flight from 2008 and I am now happily spending my compensation money from Thomsons.

blondmark

Cherrycherry wrote: »

Thanks a lot, now it's much more clearer :T:T:T
BTW, in the same letter, the judge asked the defendant to file at court the statement setting out their reasons for declining mediation. Otherwise if the winner of a case has unreasonably refused mediation, they should not recover any of their cost. That's interesting.

That's quite normal - any unreasonable refusal to mediate should be met with costs sanctions.

bazaar_2

Cherrycherry wrote: »

Yes, I'm using MCOL, and now district judge is asking me to amend the claim, but I can't amend my claim online, can I? Sorry, I'm a bit confused now...

youll need to file N244, and request what the judge is asking for, post up what the judge stated. (roughly)

blondmark

bazaar wrote: »

youll need to file N244, and request what the judge is asking for, post up what the judge stated. (roughly)

... but avoid a formal Application + fee if the judge merely asked him/her to add a party to the claim form ...

Cherrycherry

blondmark wrote: »

... but avoid a formal Application + fee if the judge merely asked him/her to add a party to the claim form ...

Wouldn't it be better to call district court and find out? Because it seems that there are several ways to do that and the judge is not even giving me a timescale when it has to been done.