Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

111KAB wrote: »

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.

I think the outcome of this will be very interesting

jimcbob

David_e wrote: »

Looking at CPR 3.4:

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”

"Statement of case" includes the claim form: CPR r. 2.3(1).

If a claim is clearly time-barred, it will "disclose no reasonable grounds for bringing the claim" because the facts set out, even if true, will not disclose a legally recognisable claim:see Practice Direction 3A para 1.4(3).

On the facts you have stated, the claim is not time-barred under the 6 year period: that is calculated from the date the claim accrued (i.e. date of the flight) to the date the claim form is issued. The judge may have struck it out on the basis of a 2 year limitation period. If you apply to set aside the order, you will end up having the fight, I imagine, about whether the limitation period is 2 years (claim correctly struck out) or 6 years (claim wrongly struck out). For my part, and I am about to fight this point in a few weeks, I think the 2 year argument completely lacks merit.

The correct course of action is to file an application notice (N244) seeking to set aside the order under CPR r. 3.3(5) (assuming that the order was made on the Court's initiative without giving the parties any right to make representations in advance). A fee will be payable. The order referred to this right in paragraph 2. However, you have to act quickly as you only have 7 days from service of the order. You would need to explain in the application notice that the limitation period is 6 years; the date of the flight (which was when the claim accrued); and the date of issue of the claim form, being less than 6 years later.

One word of warning: if you haven't been allocated yet, the small claims costs rules do not necessarily apply.

jrobinson4

Hi guys,
had the following from the CAA on 6th August but heard nothing from Thomson as yet. How long should I give them? Not even sure which part of Thomson to contact to get an update.... any advice would be welcome
Jo x



Dear Passenger,


We are writing to update you on your claim for compensation for a disrupted flight.


It appears your flight falls within the scope of Regulation EC261/2004 and recent EU case law. As you may be aware, compensation is subject to whether the reason for the disruption was within the airline’s control, known as ‘extraordinary circumstances’.


The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work will be published on the European Commission website shortly.


We have asked all airlines to reconsider against this new guidance whether compensation should be payable in all complaints that have been received by the CAA. We have now sent your complaint back to the airline for reassessment.


The airline will respond to you directly following their reassessment of your flight against the new guidelines on ‘extraordinary circumstances’. We are now closing your complaint. We are unable to enter into further correspondence on this issue as your complaint is now with the airline for reassessment.


We are interested in your comments about the CAA complaint handling process. You will be sent under separate cover a survey and we hope you will be able to take a few minutes to complete this form, to provide us with your feedback.

111KAB

jrobinson4 wrote: »

.... any advice would be welcome

Personally I would just forget all the posturing and just read page one of the Thomson thread and take positive action.

David_e

jimcbob wrote: »

If a claim is clearly time-barred, it will "disclose no reasonable grounds for bringing the claim"

I assumed that was the case. I made the mistake of seeking logic in the law/regulations/rules. Even by the standards of UK legislation, it seems a bizarre way to say your claim is out of time - moreso when it apparently isn't.

jimcbob wrote: »

On the facts you have stated, the claim is not time-barred under the 6 year period

I'll be very interested to hear how someone in the court service concluded otherwise. It must be the most basic point that there is.

SimonD316

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 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.

Fantastic result... :j

I was on the same flight, and have started a claim through MCOL. I received their defense yesterday (2 year rubbish again, and the Ash Cloud) and a separate offer letter. The offer was roughly 50% of the full amount which I have rejected. Hopefully I'll get another offer like yours.

Orange_Smartie

I began proceedings against Thomson as I believed they were the OAC (Flight had a Thomson ref and all booked through Thomson/First Choice). They put in a Defence saying the OAC was Monarch. I have since sent a LBA to Monarch enclosing a copy of Thomsons Defence. Monarch have responded by saying Thomson are the OAC.

Clearly one of them is the OAC but they are saying it's each other.

Do I make an application to add Monarch? How do I do this? Is there anything else I can do?

I have also written to Thomson twice now with an SAR but they are ignoring this. Should I now refer the matter to the IC or try and seek a court order?

Any advice would be much appreciated.

happychap7

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?

Bear in mind my previous posting about the Judge striking out my claim for non compliance. This was because I only put myself as a claimant and not the other members of my family. I've had to start a new claim now via County Court Money Claims Centre !

happychap7

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?

Hi
If you phone the MCOL helpline they should be able to explain the reason for the case being struck out. The reason given to me in the court letter was just for ' non compliance.' I contacted the helpline and they informed me of the reason for the non compliance.

rajivsingh100

hi guys.
Can i get your advice on what to do with the mediation process.
We have a very strong case (they admit knock on effect and even changed their story a couple of times!) but we ticked the box for mediation in our application as it seemed a good show of willing.
We ve been asked by court now to do this and pay up £165 for the privilege.
I cant see them ever coughling up at mediation. so what do we do. No way am i accepting half the amount due.
what would people advise?

Thanks

rajiv