Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

jenn1ewest1 wrote: »

I am about to pay my court fees this week and a letter arrives today from Thomson asking the court to consider part hearing my case as they have applied to the court of appeal over the time limitations do I just forge ahead and pay my court fees and submit my bundle
JH

2 options.
Are they asking for a stay pending the appeal outcome? If so:
i) Agree to the stay and save your money in the unlikley event they win the appeal as you will be able to go no further.
ii) Agree to the stay and save your money, if they loose appeal as expected, continue with your case from this point.

If they are asking for the case to be heard BUT with the proviso that they loose your case ie you win, they can then presumably ask the judgement to be stayed until appeal outcome. I suspect you may have to stump up and procede in this case. If you loose, the stay becomes irrelevant.
Possibly they are feeling confident in their excuses in your case?

magnaman

Just won in court against Thomson:j; anyone else on this flight needs help, PM me please

111KAB

WELL DONE magnaman!!

VOB72

magnaman wrote: »

Just won in court against Thomson:j; anyone else on this flight needs help, PM me please

Well done! Could you post brief details on the Court Success thread please? It may be useful to others on the forum generally, not just Thomson claimants on that particular flight.

Vauban

magnaman wrote: »

Just won in court against Thomson:j; anyone else on this flight needs help, PM me please

Great news - well done! Do post details on the court success thread when you are able!

magnaman

Hi

I have asked fellow passengers to PM so I can draw their attention to the issue/circumstances in regard to the successful conclusion and provide them with documents they will need..

Basically, our flight was scheduled to depart at 0915 but the original, inbound aircraft was struck by lightning forcing Thomson to fly in a replacement. By 1130 and during pre-flight checks, we were advised that a vehicle had struck the replacement aircraft causing an escape chute to "fall out" - not an extraordinary event however, it then transpires that the replacement aircraft was not hit by a vehicle but the chute just "fell off".

Having been fobbed off by Thomson, I discovered that this chute issue can be attributed to none latching and/or worn parts and, even more alarming, misrigging by maintenance engineers. It was on this that our case succeeded.

Incidentally, the Air Accident Investigation Branch, have documented a similar issue with an almost identical aircraft (Boeing 767-200, ours was a 767-300 but of similar age) en route from Harae to LGW in 2006. Seems the chute "fell out" and was found a few days later in a field about 3 miles from the airport. Boeing were also aware of this "technical issue" according to the AAIB, there were two likely causes 1) In-compartment Inflation, which would be immediately evident or 2) incomplete latching, misrigging or worn parts. They (AAIB) concluded number 2 - case closed!

magnaman

Can you direct me to the court success thread please?

VOB72

magnaman wrote: »

Can you direct me to the court success thread please?

https://forums.moneysavingexpert.com/discussion/4573907

Star9272

magnaman wrote: »

Just won in court against Thomson:j; anyone else on this flight needs help, PM me please

Congratulations :beer:

Gromit22

Help please, received defence today.- claim re 42 hr delay. Admitting averred for the flight (correct flight number quoted), as in my correspondence to them from March 2008.
Para 3 requiring proof party travelled?? I did not retain tickets/boarding passes etc from Jan 08! Will I still need proof?(now found cheque pmt)
Para 5 - EC and defendant will rely on Nelson and TUI C581/10 and C-629/10. Where can I find full case details please? - have googled but cannot find complete details
Para 7 -Claimant is put to strict proof of loss? Does this mean how historic rates calculated?
So, I wait for questionnaire now?
Grateful for advice please.

Now received Directions Questionnaire - do I send both copies back to court or one to Thomson. I understand that I do need to agree to mediation.