Flight delay and cancellation compensation, Tui/Thomson ONLY

dxc_chappie

rajivsingh100 wrote: »

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

Mediation should be a free service (and they will contact you). Are you sure the £165 charge isn't for the court hearing?

Vauban

dxc_chappie wrote: »

Mediation should be a free service (and they will contact you). Are you sure the £165 charge isn't for the court hearing?

I'm certain this is the court hearing fee- which is returned to you if you win your case.

happychap7

Hi
Can someone please help me out with the N1 form for multiple claimants. I'm doing it manually now via CCMCC and its different from the MCOL form. The brief details of claim section and particulars of claim section are surely the same thing ? What goes into the value section as again the amount claimed section appears to be the same. Also there appears to be a section on the form where you put what court you want the hearing to be held at and again you didn't do this with MCOL.
Thanks.

dxc_chappie

happychap7 wrote: »

Hi
Can someone please help me out with the N1 form for multiple claimants. I'm doing it manually now via CCMCC and its different from the MCOL form. The brief details of claim section and particulars of claim section are surely the same thing ? What goes into the value section as again the amount claimed section appears to be the same. Also there appears to be a section on the form where you put what court you want the hearing to be held at and again you didn't do this with MCOL.
Thanks.

In the Claimant's name/address field I put:
Mr DXC_Chappie (as the representative of the DXC_Chappie family: Mrs DXC_Chappie, Miss DXC_Chappie_Junior1 (a child) and Miss DXC_Chappie_Junior2 (a child)).
<Address>

The particulars of the claim can have a bit more info than the brief details allowing to yo expand a bit on what you are claiming. I also put details of the interest calc into the particulars section i.e.:
7. The Claimants claim: a) compensation of EUR400.00 per Claimant; a total of EURxx calculated as £xx.xx using the historical exchange rate of xx on the date of the delay. (Exhange rate source: http://www.oanda.com/currency/historical-rates/). b) interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/xxxx <flight date> to xx/xx/xxxx <claim date> of £xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £xx. c) costs.

The value section is left empty as you complete the amount claimed box. You put your local court (or the court where you want the hearing to heard) into the preferred court box. When you get the allocations questionnaire you need to restate this (at least I did).

There are some guidance notes for this form which you can download - these were quite useful.

joolywooly

David_e wrote: »

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”

I am at a loss to understand why my case has been struck out as apparently time barred - I provided brief but comprehensive details as instructed on the MCOL form and have certainly received no requests for further information. The letter from the court giving notice of transfer of proceedings was dated 29 July and the letter stating the case had been struck out was dated 20 August with a judgement date of 6 August - so there would have been no time to request further info anyway. Could it be that the judge involved was just unaware of all the current furore regarding flight delay compensation claims? I've taken further advice and will be asking for a variation immediately after the Bank Holiday - unfortunately it appears that this will involve a further court fee.

leylandsunaddict

Orange_Smartie wrote: »

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.

It sounds like it was an ad hoc charter as opposed to being on lease. If so, Monarch as the operating carrier are responsible.

David_e

joolywooly wrote: »

I've taken further advice and will be asking for a variation immediately after the Bank Holiday

Good luck. It surely must be a mistake on their part. Let us know how you get on.

joetopps

111KAB wrote: »

Yes! Read the various threads ~ plenty of us have, however I have yet to read one post where it 'worked'.

Thanks for your invaluable input, fortunately my mediation call was succesful and i reached a settlement with Thomson.

Vauban

joetopps wrote: »

Thanks for your invaluable input, fortunately my mediation call was succesful and i reached a settlement with Thomson.

Well done Joe. What did you manage to get from them in the end (having said they would defend your claim)?

joetopps

Vauban wrote: »

Well done Joe. What did you manage to get from them in the end (having said would defend your claim)?

Had to agree to confidentiality I'm afraid so can't give you full details. Didn't get full amount of original claim but very satisfied with the outcome, given that they have had a few recent court successes and a very easy process.