Flight delay and cancellation compensation, Tui/Thomson ONLY

jimcbob

Vauban wrote: »

Betty: they lost the hearing which was at Cambridge County Court, but have - as I understand it - been given leave to appeal to a higher court. Coby Benson posted on this recently - but I don't think that's likely to happen (if indeed ever) until 2014. In the meantime, Thomson are starting to argue that claims over 2 years should be stayed.

Thomson's tactics strike cynical old Vauban as simply a tendentious excuse to prevaricate in the hope that it deters claimants further. So my advice is to continue with your claim.

They were given leave to appeal to the Court of Appeal but, as of yesterday, the Court of Appeal informed me that no appeal has been lodged. Unless Thomson obtained an extension, they are now out of time to appeal.

However, I have a hearing next week in which Thomson are running the 2 year point, so I will report back on what position they are taking.

laticsforlife

bettys73 wrote: »

Apologies if I have missed this on an earlier thread but .... Is there a date set for the Cambridge hearing whereby Thomsons are appealing the 2 year/6year rule? Our delay was 28 January 2010 & I am in the middle of preparing my LBA - their argument in our case is EC due to a knock on effect from a previous (unconnected) flight - a defence which is unlikely to succeed due to the 'particular aircraft on a particular day' ruling in Finnair v Lassooy.

I thought I'd wait until the Cambridge hearing verdict as, in the unlikely event of Thomson winning the case, it would render our claim invalid on time. If they lose then they can't cite the two year rule as an additional excuse, as they seem to be doing on a regular basis.

Quite a wise move on your part as if the 2 year comes into play then you are outside it and wont waste any more time, and if it doesn't (as is pretty certain) then you can ignore it in your legal preparation, and concentrate on EC's not being so for knock-on flights.

I think it has been suggested that the appeal might drag until 2014, worth watching this forum on a daily basis.

bettys73

Thanks everyone for your invaluable help & advice.

Jimcbob, we await your updates with bated breath & wallets in hand ready to bank the settlements we will all no doubt receive!

JPears

greeneyedlad wrote: »

HeHe Indeed Vauban
I dont like this system at all,id rather have your English 1 I think:rotfl:

In saying that, I still dont know what to put in my "bundle of documents" when I do go to court other than what iv already stated the facts in my original Particulars of the Claim

I have no idea but I suspect it maybe prudent to have 3 (1 for you one for judge and one for defendant) copies of Reg 261/2004, Wallentin, Sturgeon etc.
Skeleton argument is as it suggests a precis of you point of reasoning case law etc.

JPears

laticsforlife wrote: »

well its actually post #2877 (credit to the right person)

http://forums.moneysavingexpert.com/showpost.php?p=63036105&postcount=2877

And I printed it straight away, wonderfully worded I thought.

As for skeleton argument; I filed and served my papers on the 21st August (I was going on holiday so had to do it early, and even funnier, it was with Thomson and we had no delays!!); I only got my Disclosure from them last Sat 31st so could not include anything in my bundle to respond to their new BS (not much new actually but more detail to be shot down a week on Friday).

Funny my mobile phone rang earlier but only rang twice before either my phione lost signal or they gave up and it was a number unknown (I now wonder if Thomson are trying to get hold of me to settle - wishful thinking, save me a day off work?)


Apologies if I misunderstand - is there something I hand to Thomson on the day (a skeleton argument in response to their full Disclosure and witness statements)?

Apolgies to original drafters and posters.
Yes, especially if you are introducing new stuff such as blondmarks 2yr counter arguement You can only introduce new evidence with all parties agreement or judge if they consider it relevant

RM2013

shambellio wrote: »

I have passed it to the CAA but will go to court if necessary and if so, it will be in Glasgow so they wont be able to be late with their submissions there:-)

I was not on this flight, however, you are right about late submissions. I have submitted a claim through the Scottish courts and low and behold Thomson didn't bother to send their response in by the return date, which means that the case is found in your favour, (and you don't have to go to court), Thomson now have 14 days to appeal or pay up.

Don't waste your time with CAA, go for it and submit your claim.

Shocking how Thomson are conducting themselves.

I will give my full account of my situation in 2 weeks time when I get notification from the courts.

Okane1969

Hi,
I have been sending emails back and forward to Thomas Cook for months now. We were delayed in Sanford for around 4 hours on 24/06/12. Received a phone call today from directors office regarding emails sent between us. On my last email there was a report from airline attached, what I can make out there was a broken PA on plane which caused delay in Glasgow. I am no expert but surely that's mechanical and not extra ordinary circumstances as they are standing by. I have been offered a voucher for £100 as a goodwill gesture ! Has anyone else on this flight made a claim and if so have you had any luck . Sorry just realised posted in wrong forum.

Scotsnomad

Centipede100 wrote: »

Quite frankly I have no idea since your rambling post gives no details about which flight on which date you were supposed to take.

Simple concise details required:

• on which flight were you booked that was affected by a delay
• Thomson flight from Enfidha to Glasgow
• on what date and time was it scheduled
• 24th Mar / 1100 (Departed hotel 0740)
• at what time did you eventually depart and arrive in GLA
• 24th Mar / 2100
• what was the reason given by the airline for the delay to your flight
• Adverse weather at EMA - (Now follow this aircraft flight details are EMA to Enfidha, enfidha to Glasgow, Glasgow to Enfidha, Enfidha to EMA)
• what do you know or have been told by the airline about previous flights to yours on the day itself
• The flight from EMA to Enfidha was stopped by weather conditions at EMA. This was done the night before however a search for alternative aircraft did not take place until the following morning at time of departure.
• what has EMA got to do with the delay to your flight from Enfidha to GLA
• It was one of the flight paths that the aircraft had been allocated for a period. They call the 'W' flights. In this case the centre of the Letter W donates Glasgow.

Apart from the passengers from EMA that were bussed to Heathrow, and the passengers from Enfidha to Glasgow and Glasgow to Enfidha no other passengers were affected. An alternative aircraft for the Enfidha to EMA flight was sourced so they suffered no delay

I believe it was bad management planning that caused this

FoxyDevon

I have just received this reply from Thomson :-

Thank you for your further correspondence. I am sorry you remain unhappy with the response you have received.

Whilst we accept that there has been a recent court decision in which the particular judge did not accept out argument, we do not believe this means our argument is wrong.

It is very often the case that one judge hearing the same argument will make a completely different decision to another. Therefore the outcomes of legal claims are very often subject the particular view point of the judge who hears the case.

Furthermore, our legal system works on a precedent. This means that only decisions of the most senior courts would be binding on lower courts. As this was a County Court decision and not one from the High Court, Court of Appeal or Supreme Court, no other judge would be required to follow the decision.

For these reasons we continue to stand by our argument that this claim is subject to a two year limitation.

With that said, I am truly sorry if this wasn't the outcome you were looking for however I must advise that this is our final position on this matter.

Thank you once again for getting in touch.

Do I keep on or not ?? I have submitted info to CAA, shall I wait and see what they say.

Vauban

FoxyDevon wrote: »

Do I keep on or not ?? I have submitted info to CAA, shall I wait and see what they say.

I'm slightly surprised that you cling onto the notion that you will get compensation by reasoning with the airline, or appealing to the CAA. The latter is most unlikely to work; the former certainly will not.

As you've had your final "b@gger off" letter it is time either to initiate legal action or walk away.