Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

copbab wrote: »

Thought as much. do you recommend i go back to Thomsons or take it elsewhere?

cheers

I doubt that Thomsons are likely to agree to compensate you voluntarily. As the CAA appear to have absolved themselves of all responsibility for getting justice for passengers, I recommend you either start legal action, engage a NWNF company, or chalk it up to experience.

The FAQs on page one are a good place to start.

chezza2524

laticsforlife wrote: »

I'd say it was a cut and paste job (NB did you retype this or are the spelling mistakes Thomsons?)

Pretty much the only difference between yours and mine is at para 10 where the different one sentence is used to describe what was wrong with our flight.

You are, as many others, seeing a defence against knock-on effects, and as the forum says again and again, this is what Finnair lost their case on - Knock-on effects are not EC's.

Unfortunately the spelling mistakes are mine, their defense does say '.......could not have been avoided IF all reasonable measures were taken' so they are saying that they didn't bother? Oh well

VOB72

panholio wrote: »

Just called the MCOL helpdesk who said they have until the end of the 14th.

Although that appears to be at odds with the claim documents issued to them which say:

You must send either the completed acknowledgment of service form or a defence to the court within 14 days of the date of service. If you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service.

I assume it is 28 actual days and not working days?

I am in a similar quandry about when to request judgement as my 28 (actual) days from date of service (5 days after date of issue) are up soon. Phoned MCOL who advised to request it the day after the 28 day time limit is up as if they receive it on deadline it may not show on system until next day.

chezza2524

Hi Again,

I am looking for a bit of guidance, I made the mistake of filing MCOL with myself as claimant and put my husband and 2 children in the POC. Thomson defence only mentions myself, I have rang MCOL and they couldnt tell me how to make an amendment or whether I should. They just said that I would need to seek legal advise from CAB or a solicitor or wait until it went to court to see if we were all on the claim or just myself.
So does anybody know if the courts have allowed this or whether an amendment is needed? I have looked online and can find out info for changing defendant details but not for the number of claimants. I have looked through the thread but am still unsure.

Thank you
PS I have got the Small claims Procedure book, which states that in cases involving a group in a holiday case, sometimes only the leader of the party need be named as claimant, but this is under the package travel regulations?

bripar

chezza2524 wrote: »

Hi Again,

I am looking for a bit of guidance, I made the mistake of filing MCOL with myself as claimant and put my husband and 2 children in the POC. Thomson defence only mentions myself, I have rang MCOL and they couldnt tell me how to make an amendment or whether I should. They just said that I would need to seek legal advise from CAB or a solicitor or wait until it went to court to see if we were all on the claim or just myself.
So does anybody know if the courts have allowed this or whether an amendment is needed? I have looked online and can find out info for changing defendant details but not for the number of claimants. I have looked through the thread but am still unsure.

Thank you
PS I have got the Small claims Procedure book, which states that in cases involving a group in a holiday case, sometimes only the leader of the party need be named as claimant, but this is under the package travel regulations?

I had the same problem and went to see CAB. They advised that I request the Court to add everyone as claimants. I then asked my County Court which forms I needed. The woman at the Court was very helpful and went to see a District Judge to ensure I was given the correct information.
You need form N244 to add everyone. Also you need a form N235 for each child requesting that you become their litigation friend and represent them.

chezza2524

bripar wrote: »

I had the same problem and went to see CAB. They advised that I request the Court to add everyone as claimants. I then asked my County Court which forms I needed. The woman at the Court was very helpful and went to see a District Judge to ensure I was given the correct information.
You need form N244 to add everyone. Also you need a form N235 for each child requesting that you become their litigation friend and represent them.

Thank you very much, do I wait until I have been allocated a court?

bripar

chezza2524 wrote: »

Thank you very much, do I wait until I have been allocated a court?

I had when I made the applications but not too sure. I did read somewhere that MCOL may not deal with multiple claimants but again cannot be sure. Sorry can't help anymore.

Pixiep_2

Hello. I am battling with Thomson regarding a 16 hour delay in May 2010 from La Palma, Canaries to Manchester. They first replied with the technical issue response, then the 2 year rule and their "final position" on the matter is that they have " expert legal advice provided by a pre-eminent aviation law QC, who has advised that claims relating to delay , whether under EU regs. or not, must be brought within 2 years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit". Could anyone please let me know if they have had a similar response? I am now totally confused after researching all the information previously given regarding the 6 year rule. Thank you.

davidbrian55

chezza2524 wrote: »

Hi Again,

I am looking for a bit of guidance, I made the mistake of filing MCOL with myself as claimant and put my husband and 2 children in the POC. Thomson defence only mentions myself, I have rang MCOL and they couldnt tell me how to make an amendment or whether I should. They just said that I would need to seek legal advise from CAB or a solicitor or wait until it went to court to see if we were all on the claim or just myself.
So does anybody know if the courts have allowed this or whether an amendment is needed? I have looked online and can find out info for changing defendant details but not for the number of claimants. I have looked through the thread but am still unsure.

Thank you
PS I have got the Small claims Procedure book, which states that in cases involving a group in a holiday case, sometimes only the leader of the party need be named as claimant, but this is under the package travel regulations?

i claimed in my name, with particulars clearly stating why the claim is for x amount. It wasn't an issue. Yours will be the same, so don't worry about it.

davidbrian55

Pixiep wrote: »

Hello. I am battling with Thomson regarding a 16 hour delay in May 2010 from La Palma, Canaries to Manchester. They first replied with the technical issue response, then the 2 year rule and their "final position" on the matter is that they have " expert legal advice provided by a pre-eminent aviation law QC, who has advised that claims relating to delay , whether under EU regs. or not, must be brought within 2 years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit". Could anyone please let me know if they have had a similar response? I am now totally confused after researching all the information previously given regarding the 6 year rule. Thank you.

loads and loads on here regarding this.