Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Well done - good result. Shameful behaviour from the airline. Glad the judge saw the merits of your argument too.

Do post your success on the Court Success Thread if you get a moment.

kev-insted

A few weeks ago I posted about my dealings with Thomson and the CAA regarding a claim dating back to 2008.

At present - and as advised by the CAA back in August - my claim is allegedly being investigated by Thomson on the basis of "extraordinary measures".

However, since then I have received two further rejection letters from Thomson. The first came from the office of MD David Burling and was an almost word for word copy of the original letter I received from Thomson, citing a ruling made by the UK Supreme Court. As per my original correspondence with Thomson, I wrote back and referred them to an email I had received from the Head of Communication at the UK Supreme Court which basically stated they had never made any ruling regarding the rejection of claims over two years.Today, another letter arrived from the after travel team, which states:

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

It is 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 to the particular viewpoint 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....."

Just for the record, the letter is riddled with numerous spelling and grammatical errors, which I have corrected to make the above easier to read.

So, where to begin???

Going to court appears inevitable but in the meantime I've sent an email to the CAA asking them to clarify their current position regarding my claim.

JPears

kev-insted wrote: »

A few weeks ago I posted about my dealings with Thomson and the CAA regarding a claim dating back to 2008.



Just for the record, the letter is riddled with numerous spelling and grammatical errors, which I have corrected to make the above easier to read.

So, where to begin???

Erm, at the risk of repeating ourselves - Small claims court submission.

kev-insted

JPears wrote: »

Erm, at the risk of repeating ourselves - Small claims court submission.

That seems the way to go. "So where to begin" was going to be a prelude to me writing a further rant, but I've calmed down a bit. Save that frustration for another time.

zoolouzoo

jigsaw1945 wrote: »

Our claim for compensation has been going on for 18months. We referred it to CAA and they sent the claim back to Thomsons to be looked at again . Waited weeks again and rang Thomsons who said they had received nothing from CAA which we find unbelievable, Also said it was over 2 years since the delay so we were out of time which is not true. There claims department are really rude. They finally said they would look at it again, But this was early August and not a word. They seem to be a law to themselves and know a lot of people will not take it further. What would it cost to take it to small claims court

Hi, im new to forum with reference to replying,but we have gone to eu claims and bott and co are dealing with our claim,we and we are now at the court stage and this has only been going on since the end of may.
We were delayed by 16hrs goa to Gatwick on 10/02/13 and we have been told it should take at least another 28 days.
I did originally go to thomsons and caa but had no joy ,don't give up!!

matt2baker

zoolouzoo wrote: »

I did originally go to thomsons and caa but had no joy ,don't give up!!

Note to newbies..................

FORGET WRITING TO THE CAA, UNLESS YOU LIKE TO PASS THE TIME OF DAY DOING NOTHING

darkwarrior

matt2baker wrote: »

Note to newbies..................

FORGET WRITING TO THE CAA, UNLESS YOU LIKE TO PASS THE TIME OF DAY DOING NOTHING

This is true, they just directed me to speak to Spanish authorities.

laticsforlife

kev-insted wrote: »

It is 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 to the particular viewpoint of the judge who hears the case.

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

Is it just me or do you think this practically says "we didn't like that particular judge's well informed and considered decision so were essentially saying they were idiots in not agreeing with us and will ignore them".

If I was a District Judge I'd be very wary about finding in any other direction to another of my colleagues in the same level of Court presented with the same evidence and the same precedents (More, Sturgeon, Wallentin).

It's not like when it goes to appeal and other arguments over the intention of the legislation or the particular meaning of a word or two is argued, this is just the same argument being heard in different places, and Thomson suggesting that they can ignore the bad ones (nearly all of them).

Thomson are truly a skanky bunch of complete wasters (replace with something vaguely rhyming).:mad:


Rant done - blimey that felt good.

JPears

Centipede100 wrote: »

Airlines are not to blame for the different decisions reached in small claims court.

As I have said many times before, judgments in the small claims courts will depend very much on the findings by each individual judge and the same circumstances presented in different courts will have different outcomes. But none of the decisions carry any precedence.

It works both ways - in view of a possible appeal in my lost case.

laticsforlife

Centipede100 wrote: »

Airlines are not to blame for the different decisions reached in small claims court.

As I have said many times before, judgments in the small claims courts will depend very much on the findings by each individual judge and the same circumstances presented in different courts will have different outcomes. But none of the decisions carry any precedence.

I wasn't trying to suggest that CC's set precedent, just that T seem to think a Judge's decision is of so little value they can ignore it when the circumstances are essentially the same, or that they can advance arguments that are SO weak (specious, love it) until they find a judge who doesn't fully read and understand the facts.

I hate to think the amount of money they have spent defending cases when they could just have paid up (and perhaps spent less?). They are having to defend all the cases so far and this will continue you presume until 2014 when the appeal is heard.

One other question;

As a CC sets no precedent, but they have appealed, how does that affect other cases upcoming, as the original Dawson decision is not precedent but the appeal will be. Do they refer to it in each and every court and simply ask for a stay (of execution)?

Do we then go onto argue EC's and get that part clear in case the appeal is unsucessful (as of course we all expect it will be)?