Flight delay and cancellation compensation, Tui/Thomson ONLY

laticsforlife

I actually intended to deliver it by hand as the Court is local enough.

See what you mean though - why show my hand earlier than necessary.

davidbrian55

and more/koninklijke luchtvaart are in the bundle too. so any ideas on what thomson are likely to be using for will be welcome. So far the only thing they can realistically be defending with is the two year issue.

still expect them to back out, but need to be prepared. Is there any point putting a bundle in (waiting until late as possible) if it is exactly the same as theirs?

Vauban

davidbrian55 wrote: »

and more/koninklijke luchtvaart are in the bundle too. so any ideas on what thomson are likely to be using for will be welcome. So far the only thing they can realistically be defending with is the two year issue.

still expect them to back out, but need to be prepared. Is there any point putting a bundle in (waiting until late as possible) if it is exactly the same as theirs?

But your bundle will not be EXACTLY the same as theirs, because it will have a witness statement/argument that explains why you believe their defence is flawed. It is this document that will be the most important, and which the airline will try to knock back.

gordbart

Hi,

I have claimed for a TUI flight that was delayed for 48 hours in November 2010 from Jamaica to the UK. This has been ongoing now for about 4 months and TUI are being very difficult. Firstly they insisted that I had the original boarding card for the flight and this had to be included with their claim form. I did not have the original boarding card so I included the other paperwork that I had but we have just had a letter back stating that the claim must be no more than 2 years old quoting the Montreal convention. The reason for the original delay was due to a technical fault with the aircraft on the outbound journey from the UK to Jamaica (24 hours) and then due to the delay, the crew were "Out of Hours" and need 24 hours rest. They did put my Wife and I up for the full 48 hours but we both had to take an additional 2 days off work not to mention the additional car parking charges and the additional Kennel fees for our 2 dogs. I have appealed against the decision with TUI but I am interested if anyone else has had anything similar with them ?

Rgds
Gordon

hopper12

Hi All, Have followed this Thomsom forum over the past weeks. I have read all the FAQ, and latest post's regarding people now getting their court dates. What I need to know is the best forum advice, as to if my delay is worth the gamble of issuing court proceedings or not? (As pensioners trying to watch the pennies. Cant seem to find anyone else posting regarding my flight) Thom flt 0122 28/05/13 Manchester - Veradero Cuba. Arrived in Veradero 3hrs 18min late according to flight stats sites. Sent letter as posted on this site to thomson's. Usual reply back, tech fault discovered before take off. Followed by a disruptive passenger being off loaded. On board were told by pilot it was a faulty radio. Thomson have not made it clear what their tec fault was in their letter. Do I need to write back to them to ask them to supply details of the fault? Before sending a letter of NBA? As an added bit of info my flight is listed on the EUClaims site as one which could be due for compo. I know this is getting a very long thread and were poss I am reading but maybe not absorbing all the info being posted. Thanks in advance to any help/replys. Thanks James.

Gooseman41

Good evening

I have a courtroom date set for August 27th. I have prepared my statement with regard to laws and regulations. What other documents should I serve as well.

I have to submit this all by the 7th August so time I got it all together.

Any thoughts would be appreciated.

Many thanks.

MrsChewy

matt2baker wrote: »

Shelagh Fogarty - Radio 5 01/08/2013 about 40 mins into the programme, for those, like me, who missed it and want to listen on bbc i-player - the interview was with Martin and CEO of the British Air Transport Association (not the CAA) who must have splinters on his bum from sitting on the fence too much

People should listen to this its quite interesting especially the bit about taking test cases to court to try the 2 year limit. What would this mean if you were a test case. I presume this would have to go higher than the small claims, would this be done by them apealing the verdict in the small claims?

matt2baker

MrsChewy wrote: »

People should listen to this its quite interesting especially the bit about taking test cases to court to try the 2 year limit. What would this mean if you were a test case. I presume this would have to go higher than the small claims, would this be done by them appealing the verdict in the small claims?

I too am wondering what the outcome of any wins against the 2-year rule will produce - to be a test case it will have to be higher than a simple Small Claims Court case, but surely if there is a single win (or multiple wins) against the 2 year rule then those examples "could" be shown as valid in a small claims court?

However, Thomsons will produce an "In the Alternative......" which one can assume will be an EC, will it not?! It's about time that the 2-year rule was slammed down, they keep quoting about "advice from their pre-eminent QC" - and keeping the two alternatives seperate seems impossible.

BTW, the radio prog will only be on the BBC i-player for 5 more days......

bripar

laticsforlife wrote: »

OK I promised a further repsonse once my friend had spoken with his District Judge friend/colleague. This is what he says;

Hi xxx, I've just spoken to the Judge and basically you've nothing to worry about, you've issued your claim correctly.

As long as you were the person who made the booking with the company then you are able to make a claim on behalf of all members of your party.

You are claiming on behalf of them and your case will be heard as such.

This is from the horses mouth so to speak so anything you've been told to the contrary is incorrect.

Hope this puts your mind at rest

So I am now a lot happier that my N1CPC is fine as-is.

My first draft witness statement and evidence bundle is coming along nicely, even though I have 4 weeks or so, its best to get on with these things early isn't it.

When would people advocate putting these into the Court?; right at the last minute or does it not matter because Thomson will change their defence anyway, something which I won't have time to react to until the Court date.

Thomson cannot produce anything in court that you have not seen before and if they do you are able to ask the judge for it not to be accepted. This advice came from my County Court when I asked the same question.

bripar

hopper12 wrote: »

Hi All, Have followed this Thomsom forum over the past weeks. I have read all the FAQ, and latest post's regarding people now getting their court dates. What I need to know is the best forum advice, as to if my delay is worth the gamble of issuing court proceedings or not? (As pensioners trying to watch the pennies. Cant seem to find anyone else posting regarding my flight) Thom flt 0122 28/05/13 Manchester - Veradero Cuba. Arrived in Veradero 3hrs 18min late according to flight stats sites. Sent letter as posted on this site to thomson's. Usual reply back, tech fault discovered before take off. Followed by a disruptive passenger being off loaded. On board were told by pilot it was a faulty radio. Thomson have not made it clear what their tec fault was in their letter. Do I need to write back to them to ask them to supply details of the fault? Before sending a letter of NBA? As an added bit of info my flight is listed on the EUClaims site as one which could be due for compo. I know this is getting a very long thread and were poss I am reading but maybe not absorbing all the info being posted. Thanks in advance to any help/replys. Thanks James.

As pensioners watching the pennies consider asking for a fee remission. Forms are available online and you can see the criteria you have to meet so you do not have to pay any fees. No fees equals no gamble.