Flight delay and cancellation compensation, Tui/Thomson ONLY

nigelpm

Does anyone feel I have the right to follow this up further?

Up to you. Need to take court action if you want to get anywhere.

matt2baker

wozmand wrote: »

Hi,


Thomson advised that the flight was delayed due to a technical defect being detected prior to a previous scheduled flight, this causing a knock on effect to my flight

Does anyone feel I have the right to follow this up further?


Thanks
Mark.

Knock-on effects are quite the norm it seems. You need to ascertain whether it was the previous flight that your aircraft was delayed, or, as is often the case, even a flight or two before that. Two options to find out - call Thomson's and ask sweetly what flight was it that delayed your aircraft, or check out the FlightStats website and see where the previous flight delays originated. That will help you decide if any Thomson wool is being used to shield your eyes, and if you feel justly compelled to make a claim

SimonD316

Chalk up another 'Court' win against Thomson...

I sent the first letter off almost 12 months ago when the MSE newsletter initially mentioned we could claim. It took Thompson ages to reply, and when they did it was their form to fill in. Eventually I got a long winded reply claiming we had to claim within 2 years etc..

Several letters back and forth, before finally starting court proceedings in July. They said stated they would defend within a few days, and submitted their defense with a few days to go. When I received the copy of their defense I also received a separate letter offering 50% of the claim. I sent them a reply rejecting this, and saying I would only settle for the full amount plus court costs.

They replied to say they would pay the full amount plus court costs, and the cheque would follow in the post. This morning the cheque finally arrived :j

My flight was delayed by over four hours in June 2010, their defense was the standard 2 year Montreal limit and crew over hours as a result of Ash Cloud rescue flights!

Thanks for the advice everyone , and if your fighting don't give up.

LULU5779

Well done, when was your court date? I'm due to go Wednesday 25th sept. They are claiming the same defence 2 year, EC ash cloud delayed crew hours. But they are going to request a the case to be stayed if they lose. I'm be interest to see how close to the court date they took yours before settling?

happychap7

LULU5779 wrote: »

Well done, when was your court date? I'm due to go Wednesday 25th sept. They are claiming the same defence 2 year, EC ash cloud delayed crew hours. But they are going to request a the case to be stayed if they lose. I'm be interest to see how close to the court date they took yours before settling?

Good luck. I've not got court date yet but they are using the 2 year rule and ash cloud/crew hours in my case. Try and drop it into the judge that thomson have already paid several people out in the same circs ! I will be.

SimonD316

LULU5779 wrote: »

Well done, when was your court date? I'm due to go Wednesday 25th sept. They are claiming the same defence 2 year, EC ash cloud delayed crew hours. But they are going to request a the case to be stayed if they lose. I'm be interest to see how close to the court date they took yours before settling?

I've not had a date set yet. They offered to settle when they posted the initial defense, and agreed to pay up just after I sent off my allocation questionnaire.

BlackBess_2

Congratulations on your success:beer:
I'm in the process of taking Thomson's to court, our delay was also due to a hydraulic leak discovered before take off. Any further advise particularly relevant to a hydraulic leak? Thanks in advance.

Rooonaldo wrote: »

I have had my (half)day in Court and won.Cheque now received.In my case D was arguing EC because of a hydraulic leak.The day before the hearing I enquired as to whether they would be calling their witnesses and was told they were not as it was not proportionate in a small claim.It was,however proportionate for themto instruct experienced Counsel to argue their case in Court.
I argued this plainly was not EC and in any event they had not taken all reasonable measures.They argued it was because the defect was only ascertained on the "walk around" before the flight and not during routine maintenance.They relied on the Croon paper in support.The judge was interested in exploring the Croon argument which I said made no sense at all and came from someone who was clearly a hired gun.
After some deliberation the Judge found against Thomson.
Think it would be helpful for future cases if one of the experts on here could post a skeleton argument to use to discredit Croon.
I would urge all those who have valid claims not to give up and to take the case to Court if necessary.Don't be put off by D's stalling tactics.Also remember that witness statements are supposed to be staments of fact and not opinion or expert opinion so point this out to the Judge if,as in my case, Thomson try to include opinion in their statements without obtaining permission to adduce expert evidence.
Also remember the burden is on D to prove EC.
Sorry for the length of the post but felt it might assist others.

zzx

Thomson settled 3 weeks before court date. Have posted in court success thread. dont know what to do with all the time this frees up!

kivin

Good to see the wins starting to stack up :beer:
I received a letter yesterday advising my court date for mid-November. They are claiming the standard 2 year rule and EC.

Thanks to everyone who posts on this thread, all your posts are really helpful and I wouldn't have gone this far without reading this thread.

LULU5779

Hi everyone I need some more advice.

So the court bundle I received is just a lever arch file with copies of cases they are going to relie on. No skeleton defence other then the initial one I received a long time ago. I thought I would be given some further information but I have received nothing.

So I called the courts this morning to see if they had received anything in their bundle and guess what? They haven't even been sent a copy. Naughty, naughty.

So I then decided to call The Thomson legal representative that is dealing with my case and she is on holiday this week! They said the case has been passed to another handler!

On my directions questionnaire under D3 witnesses: how many witnesses, including yourself will give evidence on your behalf at the hearing. They put 1 i.e they're self and signed it but they are on holiday? Can they legally do this pass it to someone even though they signed it saying only them?

I might be barking up the wrong tree but I am trying to get them on every little point?