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Flight delay and cancellation compensation, Tui/Thomson ONLY
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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?
Hi
I am in the same position and was given the same advice over the phone. I then decided to email them and received an email the next day stating the district Judges views would be sought and to expect an update in 3-6 weeks. Nothing yet but either way I am not too concerned as having read through this forum I don't think its too much of an issue. I haven't had a court allocated yet.0 -
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.
Have a look back at the last 10-20 pages and you'll see you're not the only one.................that should give you encouragement that we are all fighting the same cause!0 -
Hi,
Trying to keep up with these posts, but I was just wondering if anyone had taken Thomson to court on the 2 year rule and lost as yet? Thanks0 -
Hi,
Trying to keep up with these posts, but I was just wondering if anyone had taken Thomson to court on the 2 year rule and lost as yet? Thanks
Not since the More judgement, that I've seen at any rate. Which isn't to say it won't happen, of course. But difficult to see how their argument sticks.0 -
The Eglitis & Ratnieks case C-294/10 confirms airlines should organise its resources in good time to be able to ensure the operation of the flight after Extraordinary Circumstances have ended (so called knock on effects). Have I interpreted this right in that I could use this to negate Thomsons defence to a 17 1/2 hour delay in June 2010 where they state the ash cloud in April/May was extraordinary circumstances and as a result of putting on extra flights to bring people home the flight crew were out of hours. I've got other cases to use but this one seems to fit as well,0
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happychap7 wrote: »The Eglitis & Ratnieks case C-294/10 confirms airlines should organise its resources in good time to be able to ensure the operation of the flight after Extraordinary Circumstances have ended (so called knock on effects). Have I interpreted this right in that I could use this to negate Thomsons defence to a 17 1/2 hour delay in June 2010 where they state the ash cloud in April/May was extraordinary circumstances and as a result of putting on extra flights to bring people home the flight crew were out of hours. I've got other cases to use but this one seems to fit as well,
Yes you can. Plus the text of the Regulation, that notes ECs applying to "a particular aircraft on a particular day".0 -
how do I edit sar letter please
helene0 -
Hello
I have received a cheque from Thomsons today as a full and final settlement. We settled before court and I agreed to 100% of compensation claim and all costs so far after a fraught negotiation process - I agreed to drop the interest claim to smooth things along.
So if you have a very genuine claim I recommend persistence - we had an 18.5hr delay caused by crew hours going over. The inbound fight had had a slight technical fault causing it to arrive slightly late which had a devastating knock on effect for us as the return sector. This was a 2012 case so not outside the 2yr thing that others are struggling with.
I had to start MCOL and go as far as allocation before they took me seriously.
Will try to find the court success thread to add specifics but I'm not sure if an out of court settlement counts!
I would like to thank everyone for their hints and tips which gave me the confidence to continue especially Vauban, Centipede100, Mark2Spark, 111KAB and Blondmark.
Basingstoke Betty x x x0 -
Well done BB - I knew you would pull it off!
Do post in the Court success thread, as this absolutely does count as a legal triumph. Most of the airlines are settling before court (reflecting the fact that they do not have a case). But if people don't start legal action - or simply write to the CAA as an alternative - the naughty airlines (YOU KNOW WHO YOU ARE) don't take folk seriously.
So I hope your post will add to the compelling pile of people who refused to be treated contemptuously, took the airlines on, and won what they should never have been denied in the first place!0 -
Basingstoke_Betty wrote: »Hello
I have received a cheque from Thomsons today as a full and final settlement. We settled before court and I agreed to 100% of compensation claim and all costs so far after a fraught negotiation process - I agreed to drop the interest claim to smooth things along.
So if you have a very genuine claim I recommend persistence - we had an 18.5hr delay caused by crew hours going over. The inbound fight had had a slight technical fault causing it to arrive slightly late which had a devastating knock on effect for us as the return sector. This was a 2012 case so not outside the 2yr thing that others are struggling with.
I had to start MCOL and go as far as allocation before they took me seriously.
Will try to find the court success thread to add specifics but I'm not sure if an out of court settlement counts!
I would like to thank everyone for their hints and tips which gave me the confidence to continue especially Vauban, Centipede100, Mark2Spark, 111KAB and Blondmark.
Basingstoke Betty x x x
Well done, I've just tried unsuccessfully to use my home Legal Cover to proceed for me. Having read some of the successes I have decided to proceed on my own and have drafted my NBA letter to Thomsons today.
I have tight timescales though as I'm in Scotland and my 5 years is up in 6 weeks time.0
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