Flight delay and cancellation compensation, Tui/Thomson ONLY

matt2baker

Littlemonkey500 wrote: »

Any thoughts?

:eek: your postman must need extra assistance posting a letter that heavy through your door - or, should I say, 'junk mail'

kevinyork

Wow. They are really laying their heart on their sleeve now. I suppose many will swallow it so they will have succeeded in those cases. Otherwise its just twaddle, utter twaddle.

MGOR

Just an update Thomson have defended. As well as usual prove on flight etc they claim flight subject to unforseen technical fault namely an unserviceable flight deck communication system. This seems to overly complicate the problem. They claim this is an extraordinary circumstance. Seems that once I've completed allocation form then I cannot make a cpr18 request if I wanted. Is this the case? I'm still in 2 minds about a cpr18 request as it is for thomson to prove their case

MGOR wrote: »

I've commenced proceedings. Thomson have indicated they are going to defend and had until last week to issue a defence. I'm assuming they've defended late and its probably in the system waiting to be sent to me (didn't use MCOL as multiple claimants) Might be lucky and I get a default judgement if nothing appears!

Thinking ahead re a CPR18 request (can be used in small claims?) I'm in 2 minds whether to bother. The reason for the delay was due to the failure of both pilots headsets discovered just prior to the flight. There where 4 other thomson planes on the ground at the time so reason why they couldn't borrow 1 - they carry a spare apparently.

I could put in a request to cover maintenance of part expected life number of similar occurences etc but think this may cloud the issue and we get bogged down in engineering jargon which I am not qualified to counter. Wouldn't it be better to rely on walletin etc and keep matter simple?

Thoughts anyone especially from the more learned and respected of the contributors (you know who you are and your inputs to date on this forum have been of much assistance to me to date- thanks)

LULU5779

I've just called the courts to see if Thomsom have filed their full defence in respect to our hearing, two weeks today.

i was told that nothing has been filed yet but they can receive it any time right up to the hearing. A note of the date will be made on file but other then that there is nothing to hold them to the 14 days before deadline.

is this true? according to my order from the court:

"Each party must deliver to every other party and to the court offices copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing."

how come i have had to bust my butt getting everything ready with zero legal knowledge and they have a whole department working on theses cases and they dont have to comply.

is there anything i can do?

JPears

LULU5779 wrote: »

I've just called the courts to see if Thomsom have filed their full defence in respect to our hearing, two weeks today.

i was told that nothing has been filed yet but they can receive it any time right up to the hearing. A note of the date will be made on file but other then that there is nothing to hold them to the 14 days before deadline.

is this true? according to my order from the court:

"Each party must deliver to every other party and to the court offices copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing."

how come i have had to bust my butt getting everything ready with zero legal knowledge and they have a whole department working on theses cases and they dont have to comply.

is there anything i can do?

Thomson, as well as filing bundle with court, should out of coutesy send you a copy. I would get in touch with their legal team pointing out that bundle has not been submitted to court or you and that you will be raising this matter at the hearing.
How can you prepare further without a defence?
Laughable.

kevinyork

JPears wrote: »

Thomson, as well as filing bundle with court, should out of coutesy send you a copy. I would get in touch with their legal team pointing out that bundle has not been submitted to court or you and that you will be raising this matter at the hearing.
How can you prepare further without a defence?
Laughable.

I would not prompt them. This way there is a chance they wont submit any papers or even not attend.

LULU5779

LULU5779 wrote: »

I've just called the courts to see if Thomsom have filed their full defence in respect to our hearing, two weeks today.

i was told that nothing has been filed yet but they can receive it any time right up to the hearing. A note of the date will be made on file but other then that there is nothing to hold them to the 14 days before deadline.

is this true? according to my order from the court:

"Each party must deliver to every other party and to the court offices copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing."

how come i have had to bust my butt getting everything ready with zero legal knowledge and they have a whole department working on theses cases and they dont have to comply.

is there anything i can do?

I spoke too soon...special delivery just arrived.

its a lever arch file that fill court cases for reference. And a witness statement from their program delivery manager about lack of crew hours due to rescue missions for the ash cloud. can anyone help me with this?

laticsforlife

LULU5779 wrote: »

I spoke too soon...special delivery just arrived.

its a lever arch file that fill court cases for reference. And a witness statement from their program delivery manager about lack of crew hours due to rescue missions for the ash cloud. can anyone help me with this?

What exactly are you looking for help with.

You have put in your statement with what you thought were the arguments to run with (i.e. More, Wallentin, Sturgeon).

I'm presuming they have included Nelson, and their Conditions of Carriage (which tries to limit your ability to claim to 2 years citing Montreal), plus a daily operational document that should give you a bit more detail of what was happening in the world of T Operations on that day.

Ask yourself, what is new in all this, and focus on checking the facts, and preparing your arguments for the new parts, after all the other areas you have already put your argument forward.

JPears

LULU5779 wrote: »

I spoke too soon...special delivery just arrived.

its a lever arch file that fill court cases for reference. And a witness statement from their program delivery manager about lack of crew hours due to rescue missions for the ash cloud. can anyone help me with this?

As you flew 3 weeks after most of the ash cloud restrictions were lifted, I think most, including a judge would think this more than adequate time to reorganise a large airline.

LULU5779

They have included all the cases I have plus some more.

They have also included a log of all the flights for the airline from the 11th -14th may 2010 and their reasons for the delays. (If any one has delays for these dates I can email them a copy as it includes tec planes.

I'm taking the point of uk air space was clear and so was the Atlantic. Our flight was delayed due to crew hours and knock on effects from other delays. There was no crew to operate our flight back so the inbound flight crew had to rest before returning us. They have only given a log of the planes not the crew. This is not an EC even though the was delays else where and airspace closures in other parts of the world. But as on the basis on my flight only. Is that correct.