Flight delay and cancellation compensation, Tui/Thomson ONLY

bazaar_2

dxc_chappie wrote: »

Now there's an oxymoron!

Theres no need to rude dcx, ( Id have left out the OXY bit, :rotfl:)

Also, ( blowing the CPR18 trumpet here ) I think Thommos are a little twitchy now.
If they want to run with EC arguments, theyve now got to state that in the CPR 18 within your timescales AND with a statement of truth from the Airline, NOT their in house legal monkeys, who clearly are rattled because they lack the knowledge. I guess Juno may be looking for a new post soon

JPears

Juno2302 wrote: »

I work for Thomson - I know what I'm on about.

“Never argue with an idiot. They will only bring you down to their level and beat you with years of experience.”


― George Carlin

Camaro3

I wonder if Juno could remind us of the definition of specious.:rotfl:

matt2baker

Juno2302 wrote: »

I work for Thomson - I know what I'm on about.

Where as I have had legal training on this subject, you have not.

Hi Juno - just seen that you work for Thomsons.

Can you tell me the name of your pre-eminent aviation law QC? I keep getting letters referring me to his good works, he must be highly-prized in your offices. Is this the same one who gave you the training.................?

miss1963

Juno2302 wrote: »

I'd just like to add that the EU Reg doesn't stipulate a time frame in which customers have to contact Thomson so with that in mind they would need to refer to the next available law under "Carriage by Air" which is the montreal convention... as quoted above.

So regardless of what you're claiming under - the time frame is TWO YEARS without a prior communication with in that time frame.


SO JUNO if as you say you work for THOMSONS EXPLAIN WHY ON INSIDE CLICK tHOMSON INTERNAL WEBSITE WHY IT CLEARLY STATES THAT WHEN ASKING HOW LONG CAN CUSTOMERS CLAIM IT CLEARLY STATES 6 YEARS HMMMMMM

LULU5779

Hi all,

A little bit of help needed please.

I am getting all my paper ready for my court date do I respond to each point of their defence directly then write my witness statement or do the whole thing as a witness statement responding to each point?? Plus do I ask my questions now or can I leave that for the hearing.

Best regards

JPears

LULU5779 wrote: »

Hi all,

A little bit of help needed please.

I am getting all my paper ready for my court date do I respond to each point of their defence directly then write my witness statement or do the whole thing as a witness statement responding to each point?? Plus do I ask my questions now or can I leave that for the hearing.

Best regards

If you need any information, such as written engineers report on repair work etc or evidence of taking other measures to reduce your delay then I believe you may need to request that under CPR18 rules. It is entirely up to you how you do your statement. Chronologically is usually sensible, with reference to statements made by the defence. Overall it needs to be precise, comprehensive and include EVERYTHING you intend to use as evidence, as it is more difficult to introduce at a later date. Some questions are better left until the hearing.

markavo1

LULU5779 wrote: »

Hi all,

A little bit of help needed please.

I am getting all my paper ready for my court date do I respond to each point of their defence directly then write my witness statement or do the whole thing as a witness statement responding to each point?? Plus do I ask my questions now or can I leave that for the hearing.

Best regards

I think there is often some slight confusion over witness statements. A witness statement is a statement of facts of what has occurred and what you know to be personally true. It is best written in a numbered paragraph format, e.g.
1) on day, date, time i booked flights with thomson airways
2) the time of the flight was scheduled to be day date time from manchester airport
3) on day date time I turned up at Manchester airport and advised there was an indefinite delay

Obviously it will be more detailed that, but that is the general gist. The witness statement is not the arena for your actual argument against Thomson. E.g, you would not put in your witness statement "i think that the engine fault is not extraordinary circumstances because wallentin states......".

If you want to include a brief of your legal argument with your Court bundle, you would submit a Skeleton argument (these are not mandatory for small claims cases). This will give the chance for the judge to read your basic arguments prior to the trial (if they choose).

As long as you submit all documents you want to rely on in your court bundle, eg wallentin / sturgeon / copies of passport / boarding cards, then you will be able to refer to them on the day of the trial. Try not to get bogged down in arguing your point in your statement, just stick to the facts. It is a story of what happened to you from start to finish

kevinyork

Ive taken issues to the County Court three times (not airline delays) and have never submitted a 'witness statement'. Thats more in line with criminal cases.

In the same way that Thomsons have submitted their defence, which is just a numbered lists of facts combined with their arguement, Ive just submitted a numbered list containing facts and my arguement, referring to documents attached as necessary. I dont see the need for a witness statement and a separate document.

JPears

I think to some extent, it depends on how much detail there is in the original defence statement. If there is little, then your pre hearing submissions can only be limted. Equally I feel it sensible to submit detailed responses to any defence statements in your submissions at least 2 weeks prior to the hearing. This will make life easier for the Judge who will know where you are coming from in the first instance. I don't believe, in most cases, that it "pre-warns" the defendant since the actual regs are pretty clear cut. Obviously if you have an "ace" or two up your sleeve you can spring on 'em, keep your powder dry.