Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

happychap7 wrote: »

Hi
Don't forget that if you are claiming for more than just yourself then you cant use MCOL.

I claimed for myself and wife via MCOL (as advised by Court), won the case (against Monarch) - no problem in my case by putting 2 applicants in the 'claimant box'.

mayday55

We were delayed 12-13 hours Cancun to Newcastle in April 2011. My first reply from Thomson said I could not claim as I was outside the two year limit even though I contacted them long before that. After phoning them they sent another letter saying the delay was due to technical problem so they had "missed there departure slot". Only when I further questioned them as to why the plane had landed and remained in Nova Scotia for several hours did they admit they had had to divert there as they had another problem this time with one of the toilets. I have sent all my information to the CAA !!!

MAX888_3

andresykes wrote: »

Well done! That's given me the momentum to crack on. One thing though, how detailed were your particulars of claim?

Not particularly because I was relying on one case and the precedent. My argument was basically as follows and it is up to the defence to prove that the More case isn't binding for whatever reason (a very difficult argument it would seem). My argument was backed up with a copy of the More judgement, the EU press release 150/12 and a couple of papers on the subject I found on the internet...


(i) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004.

This regulation rules that flight delay compensation claims can be made against airlines subject to the fulfilment of a number of criteria, one of which is that claims must be brought within the time limitation for the country from which the claim arises, in this case six years.

(ii) Joan Cuadrench More v KLM Case C-139/11 (Courtof the European Union, Third Chamber) – November 2012.

The More v KLM case effectively mirrors this case. The KLM defence that the claim was time barred as defined by the Montreal Convention was dismissed on the basis that the time limit applicable in the country in question (Spain) was 10 years (in England it is six years).

In English Law, section 9 of the Limitation Act 1980 provides that “an action to recover any sums recoverable by virtue of any enactment shall not be brought after the expiration of 6 years from the date of which the case of action occurred”. In light of the More judgement, a 6 year limitation therefore applies to claims brought before theEnglish Courts”.

geewhiz

Is anyone aware of a no win no fee company in Scotland, Coby Benson can't help me with a claim through the Scottish Courts?

MAX888_3

andresykes wrote: »

Well done! That's given me the momentum to crack on. One thing though, how detailed were your particulars of claim?

Maybe you should hang on for a bit if you can, I have just heard that Thomson intend to appeal!! More excitement....

matt2baker

happychap7 wrote: »

Hi
Don't forget that if you are claiming for more than just yourself then you cant use MCOL.

???? since when ???

matt2baker

mayday55 wrote: »

I have sent all my information to the CAA !!!

Eh?? Why??? The CAA won't do anything to assist you.... if you have read even some of the thread on this Thomson section you'll realise that you're simply prolonging the inevitable - that Thomson need to have a letter telling them that it's going to court, and then you do just that, take them to court. The CAA will simply refer you back to Thomsons.......

see page one of this thread - read the red print!

happychap7

matt2baker wrote: »

???? since when ???

Hi
Check out my previous posts. The Judge struck out my case for non compliance with CPR. This was after I sent an email to MCOL querying whether I was okay with myself as the claimant and my wife/children listed in the particulars of claim section (I picked up on this issue from posts on this site). This query was referred to the Judge for directions. I was then informed that the non compliance was in relation to multiple claimants and that County Court Money Claims Centre should have been used instead of MCOL. I have had to start all over again now with CCMCC. I know most people have been okay with this issue and I told the MCOL helpline staff this but I was then assured it was the right decision/procedure and was told that it was better the case was struck out now and not further down the line when I had paid more money ! Its probably just my luck and everyone else will be okay !

matt2baker

happychap7 wrote: »

Hi
Check out my previous posts. The Judge struck out my case for non compliance with CPR. This was after I sent an email to MCOL querying whether I was okay with myself as the claimant and my wife/children listed in the particulars of claim section (I picked up on this issue from posts on this site). This query was referred to the Judge for directions. I was then informed that the non compliance was in relation to multiple claimants and that County Court Money Claims Centre should have been used instead of MCOL. I have had to start all over again now with CCMCC. I know most people have been okay with this issue and I told the MCOL helpline staff this but I was then assured it was the right decision/procedure and was told that it was better the case was struck out now and not further down the line when I had paid more money ! Its probably just my luck and everyone else will be okay !

Hmmm, I was under the impression that "multiple claimants" (families/groups etc) weren't acceptable on the MCOL, but a maximum of two were permitted (as per 111KAB and others on here) - as long as both were named within the same section.

Or maybe not.........??

dreamergirl32

stevew48 wrote: »

Hi,

I am in the process of claiming against Thomson for a significant flight delay on the 7th of January from Birmingham to Barbados. The reply I received was that the inbound flight from the Dominican Republic was delayed by a technical problem. So the aircraft should have left the Dominican on the 6th jan. Is it the same flight ?

No our flight was due to depart 26th Jan. Thomson clearly have lots of technical problems if there two on the same flight path in 3 weeks!! Our plane was stuck in Barbados!...