Flight delay and cancellation compensation, Tui/Thomson ONLY

Sstaggy1

Centipede100 wrote: »

The barrister was either genuinely unaware or was somewhat economical with the truth since the dates within which the appeal was likely to be heard have been stated on this forum some 3 or 4 weeks ago to my knowledge.

I am due in court next week with Thomsons. They sent me a copy of a request to the court for a stay based on the Dawson case. Earlier this week they withdrew that request. Their case is based on ECs caused by delays to the preceding flight and crew out of hours.

I cannot understand their u turn.

cake_lover_138

Today I received a 4 page letter from Thomson rejecting my claim for compensation under Reg 261/2004 stating mechanical fault due to Extraordinary Circumstances. They have not provided any evidence of what this was. Do they have too?
I am tempted to persue this via the small claims court or should I persue the route of the CAA? I have never had to use small claims court and not sure where to start.
I watched Watchdog this week , where it was suggested that going via the CAA may not be a good idea.
Any advice gratefully received.
Thanks

grazzzz

cake_lover_138 wrote: »

Today I received a 4 page letter from Thomson rejecting my claim for compensation under Reg 261/2004 stating mechanical fault due to Extraordinary Circumstances. They have not provided any evidence of what this was. Do they have too?
I am tempted to persue this via the small claims court or should I persue the route of the CAA? I have never had to use small claims court and not sure where to start.
I watched Watchdog this week , where it was suggested that going via the CAA may not be a good idea.
Any advice gratefully received.
Thanks

Go to FAQ on page one you will find all the answers there

jenn1ewest1

Sstaggy1 wrote: »

I am due in court next week with Thomsons. They sent me a copy of a request to the court for a stay based on the Dawson case. Earlier this week they withdrew that request. Their case is based on ECs caused by delays to the preceding flight and crew out of hours.

I cannot understand their u turn.

Hi Sstaggy
can I ask when did you receive your letter saying they had asked for a stay as I received one last week and my court date is end of november
Regards
Jh

JPears

Roywad wrote: »

He didn't want to hear anything else. As my case came up first and the judge was due to hear 9 other cases, I'd overheard someone say that they get rid of the quick cases first and I kind of thought that I wouldn't be in there that long. When the judge mentioned the other local case, I got the impression, perhaps wrongly, that he might agree with the judge in that case that needing spare parts was extraordinary circumstances.
If the case is relisted, will I get the same judge?

Roywad, you could look at the potential positives here. If judge had read up on the case (not something one can assume) then if he/she were sure that EC defence would prevail he would have gone forward with hearing the case, then the stay would have been irrelevant?
Gives you time to gird your loins for spring! Don't forget that there are TWO hurdles airline must leap, both ECs AND all reasonable measures. I don't think any person with an ounce of common sense could say that T has taken all reasonable measures up to intolerable sacrifice in taking 3 days (?) to get you home?

Roywad

Thanks for that. I will gather my nuts and prepare to hibernate for the winter and the fresh challenge in the spring. Good luck to all fellow claimants!

Sstaggy1

jenn1ewest1 wrote: »

Hi Sstaggy
can I ask when did you receive your letter saying they had asked for a stay as I received one last week and my court date is end of november
Regards
Jh

Hi
Received the notification of a request to stay on 3 October, and notification of withdrawal on 8 October:cool:

jackoonline

Hi, just a bit of advice needed. 10.5 hrs delayed LBA - PALMA, 25 May 2013. I'm going through the process and my last transaction was completing the allocation and it has been transferred to my local court, Leeds. So I was just waiting for a date in court.

Received letter today from court:

IT IS ORDERED THAT

1. The Defendant shall clarify its defence by 4pm 28 days from today by filing at court and serving on the Claimant a statement setting out:

A) whether there have been any other claims in respect of this flight;

in the event that there have, provided the:
i) details of the case number and court in which the matter is proceeding
ii) the results if know of the case.

C) on how many occasions in the 24 months immediately preceeding this flight have any of the Defendant's aircraft suffered damaged spoiler problems.

D) In the event that the Defendant fails to comply with this direction then the defence shall stand stuck out and judgment shall be entered for the damages claimed costs and interest upon the application of the Claimant.

2. Because this order has been made without a hearing, the parties have the right to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this order.

---

So it is para 2 that has confused me - not sure what I should be doing next. Any help gratefully received.

Vauban

I dont think you should be doing anything. You are the claimant, and these are instructions for the defendant.

Can I have your judge, please?

Thesiteagent

Jackoonline, it sounds as though you have the best Judge in the country and at a guess I would say he/she is on your side!!!