Flight delay and cancellation compensation, Tui/Thomson ONLY

KMD7

NickyPower wrote: »

Could you let me know the email address please, thanks

aftertravelinfo@thomson.co.uk<[EMAIL="aftertravelinfo&#64;thomson.co.uk"]aftertravelinfo@thomson.co.uk[/EMAIL]>;

I have now given up on this method, recorded delivery going tomorrow....in for the long haul!!

bazaar_2

KMD7 wrote: »

aftertravelinfo@thomson.co.uk<[EMAIL="aftertravelinfo&#64;thomson.co.uk"]aftertravelinfo@thomson.co.uk[/EMAIL]>;

I have now given up on this method, recorded delivery going tomorrow....in for the long haul!!

good, better to have a peice of paper proving you sent correspondence, itll help the court decide who used the CPR to try to resolve before ever going to court

dxc_chappie

Babydust35 wrote: »

Thanks dxc_chappie. Do u thing ringing thomson will result in early settlement. I've hit a brick wall before - any ideas which number I would ring. Just an aside - I'm claiming for me and hubby but I'm only named as claimant - is this a problem? And is it only a prob if we go to court? Can I rectify?

Once court proceedings are under way and you have a hearing date that is the time to call thomson and give them the opportunity to settle. At that stage they are faced with real court representation costs so ooc settlement may be better for them.

You should have named hubby as 2nd claimant on the claim form - best to call the court for advice. It may be sufficient to write to the court (copy to thomson) explaining you are lead claimant claiming on behalf of yourself and hubby. If this is allowed repeat the explaination in the introduction to your witness statement. Others on this forum may have better advice.

joolywooly

joolywooly wrote: »

I am a little behind you, have just completed my N180 and am sending with mediation paperwork tomorrow by recorded delivery to both court and Thomson. Having read previous posts I am not sending a fee (claim is for 800 Euros) - but just wanted to be sure that there is nothing else at this stage that I need to provide?

My flight was back in July 2007 (just got claim in in time) and Thomson have stated in their defence that I need to prove that I was on the flight so I am going to write to them for confirmation (crazy!). Thomson's defence is the standard 2 year one but then in para 10 they state 'in the alternative...' and proceed to say that in any case the delay was due to a technical fault, namely a 'problem' with one of the aircraft's engines.

Have I missed anything - do I now just sit back and wait? Bit scared....:eek: !!!

Further to the above - I received a letter from the County Court dated 29 July stating that my claim had been transferred for allocation - 'On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.'

However, I have just received a further letter dated 21 August which states:

Before Deputy District Judge *** sitting at *** County Court.

IT IS ORDERED THAT

1. The Claim is struck out pursuant to CPR 3.4, the statement of case disclosing no reasonable grounds for bringing the claim, the claim being time barred.

2. This order made without notice to the Claimant, permission to apply within 7 days of its service to have it varied or set aside.

Dated 6 August 2013.

So it seems that my case has been thrown out without giving me the chance to provide a witness statement etc! Point 2 appears to give me the right to appeal against the judgement though - has anyone else experienced this and could I please ask for any pointers please as to how I should go about this?

romanby1

joolywooly wrote: »

Further to the above - I received a letter from the County Court dated 29 July stating that my claim had been transferred for allocation - 'On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judge's directions will be sent to you in a notice of allocation.'

However, I have just received a further letter dated 21 August which states:

Before Deputy District Judge *** sitting at *** County Court.

IT IS ORDERED THAT

1. The Claim is struck out pursuant to CPR 3.4, the statement of case disclosing no reasonable grounds for bringing the claim, the claim being time barred.

2. This order made without notice to the Claimant, permission to apply within 7 days of its service to have it varied or set aside.

Dated 6 August 2013.

So it seems that my case has been thrown out without giving me the chance to provide a witness statement etc! Point 2 appears to give me the right to appeal against the judgement though - has anyone else experienced this and could I please ask for any pointers please as to how I should go about this?

Depending on the date of your flight and the date od sending the claim to the court,it looks you are out of time (6 Years)

joolywooly

romanby1 wrote: »

Depending on the date of your flight and the date od sending the claim to the court,it looks you are out of time (6 Years)

But I wasn't - the flight was in June 2007 and I commenced proceedings in Feb this year, the MCOL was done at the end of May so was just within time. Admittedly by the date the judge gave this decision in August it was outside the 6 years but surely the fact that the proceedings were started before this is what matters?

111KAB

joolywooly wrote: »

But I wasn't - the flight was in June 2007 and I commenced proceedings in Feb this year, the MCOL was done at the end of May so was just within time. Admittedly by the date the judge gave this decision in August it was outside the 6 years but surely the fact that the proceedings were started before this is what matters?

I am sure you are correct joolywooly and I suggest 'phoning your local court to discuss. In addition I would send Coby Benson a PM and seek his expert view.

merlinsmum0

TOM 883 Dalaman to Manchester 5th June 2010

I have received a cheque from Thomson for the full amount of compensation claimed less interest. I had a call from Thomson two weeks ago to discuss a settlement as I had ticked yes to mediation on my allocation questionnaire which had clearly given Thomson the impression I was willing to 'do a deal'. The lady from Thomson initially offered settlement at £1000.00 but following negotiations we agreed at the full amount of compensation claimed less interest. I was happy with this as it saved the risk / time involved in preparing for court.

To recap, the circumstances of the above flight were that the crew had gone over their hours resulting in a 6 hr delay and Thomson claimed 'extraordinary circs' due to the ash cloud disruption some weeks before.

I would like to thank everyone who has posted their advice and experiences on this thread, especially Centipede. I doubt that I would have even started MCOL proceedings at all without the invaluable info on this forum.

David_e

111KAB wrote: »

I am sure you are correct joolywooly

Looking at CPR 3.4:

http://jac.judiciary.gov.uk/static/documents
/Civil_Procedure_Rules_3_4__2_.pdf

it includes some of the words in the letter you were sent:

“The court may strike out a statement of case if it appears to the court

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim"

However, it doesn’t refer directly to any time limits.

CPR 3.4 is headed ‘Power to strike out a statement of case’. Is the “statement of case” something different to the original claim (Form N1 refers to “Brief details of claim” and later “Particulars of claim”)? Was it some further information requested that wasn’t provided? (Maybe the request wasn’t received?)

Edit: Wikipedia suggests “statement of case” includes “Particulars of claim”

matt2baker

merlinsmum0 wrote: »

TOM 883 Dalaman to Manchester 5th June 2010

I have received a cheque from Thomson for the full amount of compensation claimed less interest.

I would like to thank everyone who has posted their advice and experiences on this thread, especially Centipede. I doubt that I would have even started MCOL proceedings at all without the invaluable info on this forum.

Well Done!!! :beer:

and yes, the advice on here is very good