Flight delay and cancellation compensation, Tui/Thomson ONLY

ftd83

Dear All,

Many thanks for all the posts on court success and advice from the forum.

I have just spent yesterdy making up a court bundle. My hearing is on 24th October in Manchester. Court directions say any evidence must be given to the court and the other party by the 10th Oct. Am planning to send it on 9th recorded delivery so Thomson have no idea what I have in store for them!

Basically my claim is for compensation 400x2 and £160 of travel costs when I was refused flight transfer from Antalya to Manchester. Thomson admit that the aircraft was cancelled and returned 34 hours later due to a reverse thruster problem. They say that I am liable for the new flights I bought (also Thomson!) as I couldnt stay in Turkey due to work commitments.

I have included EC 261/2004, Wallentin, Sturgeon and Nelson v TUI in my evidence. I also have tickets and boarding cards.

Really made me angry when making writing the skeleton argument how open and shut this case is. The way customers are treated is really appalling and it is ridiculous that legal action is needed to get a refund. If they had just paid me for the ticket costs I would have been happy, now I want compo and all costs. I have already decided I'm not accepting a penny less than my claim of £1012, the most I stand to lose is the £140 I have paid in court fees. I am fortunate that I can afford to lose this on a point of principle but I many customers will not be this lucky and probably dont complain/start action. If I lose then I will still have cost Thomson far more money (lawyers fees and admin) than I have paid anyway! Not to mention the loss of any custom in future.

I have 2 questions if anyone can help.
1. Any other evidence I need to put in? I have read all 4 main cases above inside out. I am not affected by the Montreal convention argument at all as my claim relates to 2012.
2. If Thomson dont put in any evidence by the 10th can I push for it all to be dismissed?

Will keep you all updated with my case. I have a feeling they are going to offer a settlement before the court, if not, bring it on - I am not scared of them and I am in the right. Good luck to everyone with an upcoming case and if you are considering a case then go for it.

Best wishes

Vauban

FTD: if you pm me your email address, I'll send you a list of what constituted my bundle.

ErnieW

Anybody come across the excuse of a master caution error as an extraordinary circumstance?

zante_lad

Hi all, new to this so bare with me. My wife and I had a delay of 7hrs 32 mins in June of this year from Zakynthos to Manchester. I sent them a letter with all our details, stating that we should be compensated for this. Thomson have replied and said that we are not due compensation, because damage was caused to our plane whilst at Manchester airport, and was caused by a ground power unit, operated by airport staff, and as such, was caused by a third party, and not Thomson themselves. Some of you guys on here seem very knowledgeable about this, and was just seeking a little advice. I have read up on the EC's a little, but would appreciate your feedback. TY:money:

111KAB

zante_lad wrote: »

Thomson have replied and said that we are not due compensation, because damage was caused to our plane whilst at Manchester airport, and was caused by a ground power unit, operated by airport staff, and as such, was caused by a third party, and not Thomson themselves....... and was just seeking a little advice.

Thomson are still responsible and you can bet they haven't let whoever was responsible for the damage to their plane get away with it! Party who did the damage were working for Thomson therefore seek your due compensation from Thomson and they can get reimbursement from the third party if they wish.

laticsforlife

ftd83 wrote: »

I have just spent yesterdy making up a court bundle. My hearing is on 24th October in Manchester

You seem to have the main legal points covered.

I would say that once you see their bundle then you might have some work to do in working out what lies they have included and what inconsistencies there are in their evidence, as it will likely be much more than what they have told you so far.

I also advocate reading up on the CPR paragraphs that relate to loss of annual leave/salary so you (after the decision is granted in your favour) can claim (£90?) for your day in court.

This part is done afterwards (basically don't talk money until you get the summing-up decision), so I'd schedule exactly what it is in terms of real money that you are after, and provide some evidence of this (exchange rates in force etc - once you have won, the Thomson barrister is not that bothered about this part so if you have some back-up of why you are claiming the sums you are, they are likely just to accept this to the Judge).

It also helps the Judge not have to do mental arithmetic.

As for Interest; there is no way you will get 8% so again print (3 copies of) an interest calculation that is realistic, otherwise the Judge is likely to award you a sum that might be much lower than the rates in force.

Good luck, and report back with what Thomson put in their bundle that you knew nothing of!

Thesiteagent

Would have been nice to have received a bundle. I'm in court Wednesday and have received nothing!

laticsforlife

Thesiteagent wrote: »

Would have been nice to have received a bundle. I'm in court Wednesday and have received nothing!

It is part of the process to 'serve' the bundle on you as well as with the Court.

I think you would be within your rights to complain to the Court on the day, but all that you would likely get is an adjournment, and that could play into their hands to more defend your bundle.

I would certainly ask their barrister when you arrive (he and you will 'sign' in with the usher so you should be able to spot him before he goes off to hide in the advocates room).

panholio

Vauban wrote: »

FTD: if you pm me your email address, I'll send you a list of what constituted my bundle.

Vauban- I am currently preparing my court bundle (my date is toward the end of October) for my case against Thomson.

Would you be so kind as to offer the same details to me? Would be much appreciated.

Thesiteagent

Hi,
Thanks for that. I have already rung the court and following their advice have confirmed in writing that I have received nothing.

Thursday could be interesting.

I think however they try, A faulty door the previous day does not constitute EC which is their argument.