Flight delay and cancellation compensation, Tui/Thomson ONLY

hopeitflys

Tom 4243 13th march 2008 manchester to jamaica after many emails letes from my mp and mep and caa eventually after every oher excuse thomson said hey subcontrated the plane from thomas cook. After first deneying thomas cook have paid in full without need for court action. So anyone on this flight need to contac thomas cook.

xsally83x

Hi i have sent off my MCOL form and Thomson have acknowledged the claim and are indenting to contest it? Is this the norm or is that because they know they are going to win the case? If it goes to court and i have to attend theres isnt much i can say is there as my case is quite simple, the flight was delayed for 6 hours while they fixed a technical fault with the plane, after 6 hours we were on our way.

111KAB

xsally83x wrote: »

Hi i have sent off my MCOL form and Thomson have acknowledged the claim and are indenting to contest it? Is this the norm or is that because they know they are going to win the case? If it goes to court and i have to attend theres isnt much i can say is there as my case is quite simple, the flight was delayed for 6 hours while they fixed a technical fault with the plane, after 6 hours we were on our way.

They have said they are going to contest to try and frighten you off.
The case is not simple - none are. Research this forum to see the extent of work you need to do to prove your case.

JPears

xsally83x wrote: »

Hi i have sent off my MCOL form and Thomson have acknowledged the claim and are indenting to contest it? Is this the norm or is that because they know they are going to win the case? If it goes to court and i have to attend theres isnt much i can say is there as my case is quite simple, the flight was delayed for 6 hours while they fixed a technical fault with the plane, after 6 hours we were on our way.

Ill email you a copy of my witness statement if you like, give you an idea of what you need to do for court hearing (and the rest)

kev-insted

Here's a timeline of my dealings with Thomson, my MP, and CAA regarding compensation for a 4 hr delay at Manchester.

30/04/2013: Letter sent to Thomson requesting compensation.

08/07: Letter received from Thomson rejecting my claim, citing 2 year ruling made by Supreme Court.

08/07: Email sent to Supreme Court seeking clarification regarding correspondence from Thomson.

09/07: Response from Supreme Court stating that it has never given a judgement on Regulation 261/2004.

09/07: Complaint sent to CAA and email sent to my MP requesting his input. Also emailed Thomson's aftertravel team asking for clarification regarding the contents of their letter.

12/07: Received form from Thomson asking for more information about our flight.

09/08: Received email from CAA stating that my request for compensation is back with Thomson as it falls under "extraordinary circumstances" and that Thomson must reassess my complaint based on EU guidelines.

15/08: Received letter from my MP, who enclosed a copy of correspondence received from the Managing Director's Office at Thomson. The correspondence contains the exact same statement regarding the Supreme's Court alleged ruling about making "international carriage by air claims within two years".

And that's where I've got so far..........:mad:

xsally83x

I have read all the posts in this forum over and over again but its all so confusing @JPears if you could email me a copy of your statement that will be a huge help. Thanks for the advise people as always

joolywooly

xsally83x wrote: »

I have read all the posts in this forum over and over again but its all so confusing @JPears if you could email me a copy of your statement that will be a huge help. Thanks for the advise people as always

i agree xsally - with over two and a half thousand posts to go through on this thread alone I get brain freeze! I do think though that it's not fair that some people just expect to have all the legwork done for them - in order to gain there has to be a little pain and unfortunately that means some serious trawling through these posts. It's really very good of people like JPears (and others like him/her) to share and I'm sure we all appreciate their help. I'm in the same situation as you, awaiting a court date and feeling quite daunted by getting together all the documents and quotes from previous judgements we are advised to use, plus concocting a witness statement - I'm just hoping that Thomsons will settle before it actually gets to court.

xsally83x

Yes i agree in saying there are some people that just ask the questions without even trying to look so its easy but there is a lot of re search to be done and its not as easy as everyone keeps saying. You have to do a lot of reading and everyones circumstances are different. There are thousands of posts but i do use the search thread button quite a bit to look for words and read those posts first. i do really appreciate everyones help and how quickly i get replys. I will keep everyone posted on the progress and try to help others where i can @joolywooly keep us updated to on your progress

joolywooly wrote: »

i agree xsally - with over two and a half thousand posts to go through on this thread alone I get brain freeze! I do think though that it's not fair that some people just expect to have all the legwork done for them - in order to gain there has to be a little pain and unfortunately that means some serious trawling through these posts. It's really very good of people like JPears (and others like him/her) to share and I'm sure we all appreciate their help. I'm in the same situation as you, awaiting a court date and feeling quite daunted by getting together all the documents and quotes from previous judgements we are advised to use, plus concocting a witness statement - I'm just hoping that Thomsons will settle before it actually gets to court.

111KAB

joolywooly wrote: »

..... feeling quite daunted by getting together all the documents and quotes from previous judgements we are advised to use, plus concocting a witness statement - I'm just hoping that Thomsons will settle before it actually gets to court.

If they read your post they are unlikely to back off - what they are hoping is that you will get frightened. Go for it ~ you have very little to lose and the odds are very much stacked against the airline. With 220 courts in the UK there will start to be some repetition ~ maybe find someone on here who has been to your court to see if they will assist. Mine was at Worcester if anyone wants any help

panholio

I issued a request for judgement against Thomson today as their time ran out yesterday to issue a defence following my service of claim. (They did an acknowledgement of service)

The system on MCOL now shows up that Thomson have issued a defence today, one day late.

So overall the system shows that I have requested a Judgement and that they have issued a defence.. Anyone got any thoughts on what will happen?

I assume the court will forward me a copy of the defence?

Is it applicable given that it is late?