Flight delay and cancellation compensation, Tui/Thomson ONLY

Kew73

Kew73 wrote: »

Thanks for the reassurance. In earlier correspondence, they even said that the wind was blowing in an unfavourable direction for the test runs (thus contributing to the length of delay)!

Unfortunately they've never actually said what the original tech fault was (other than an EC).

Have received their Allocation Questionnaire today which says they're bringing 2 witnesses. I must say, they are now pushing the paperwork though v quickly...odd given that they've also requested for the case to be stayed until their appeal

Just completing my Allocation Questionnaire and have a couple of questions...

1) A few people have mentioned using this to request further details from the Defendant (eg: details of the tech fault) but there is no obvious place for this on the form so not sure where it would go? (MontyWomble mentioned putting it in Section G, but my form finishes at Section E-Fee) (Realise they won't respond, but might help to show I tried and they didn't!)

2) My claim is under £1500 excluding the £80 fee (via N1) but over £1500 if this is included. Please could someone confirm if I have to pay a £40 allocation fee?

Many thanks

bigstevex

Mark2spark wrote: »

Was you 'denied boarding'?
The Faq's have a draft template of the initial letter, including one from the Which! site. It might be better to use the generic letter.

It is the one from the Which! site, ever so slightly altered but they for delayed flights they use the same 'denied boarding' quote

David_e

Kew73 wrote: »

Just completing my Allocation Questionnaire and have a couple of questions...

1) A few people have mentioned using this to request further details from the Defendant (eg: details of the tech fault) but there is no obvious place for this on the form so not sure where it would go? (MontyWomble mentioned putting it in Section G, but my form finishes at Section E-Fee) (Realise they won't respond, but might help to show I tried and they didn't!)

2) My claim is under £1500 excluding the £80 fee (via N1) but over £1500 if this is included. Please could someone confirm if I have to pay a £40 allocation fee?

Many thanks

I'm a bit confused. I was sent for completion a "Directions questionaire"

This link suggests that this is now the form used (from April 2013), rather than an Allocation questionnaire.

http://www.justice.gov.uk/courts/procedure-rules/civil

b) Allocation Questionnaires Rules are amended to allow for the substitution of the Allocation Questionnaire with the Directions Questionnaires. Two Directions Questionnaires are introduced; one for cases that are provisionally allocated to the small claims track and one for cases which may be allocated to the Fast or Multi-Track.

Re (1), if it's the form N180 "Directions questionaire Small Claims track" that I was sent to complete, then, as you say, it finishes at E. There isn't anywhere where it would be appropriate to make a request to the defendant. In any case, I thought this questionnaire was a court prodcedural matter not part of the claim itself.

Re (2), the form N180 says:

"Further fees may also be payable at different stages of the court process. Fees may be incurred by either party if you make an application to the judge or by the defendant if they issue a counter claim. You may be exempt from paying all or part of your fees. You can get more information by reading EX50 ‘Civil and family court fees’ and EX160A ‘Court fees - do I have to pay them.’ You can get both leaflets online at hmctsformfinder.justice.gov.uk "

Kew73

David_e wrote: »

I'm a bit confused. I was sent for completion a "Directions questionaire"

This link suggests that this is now the form used (from April 2013), rather than an Allocation questionnaire.

b) Allocation Questionnaires Rules are amended to allow for the substitution of the Allocation Questionnaire with the Directions Questionnaires. Two Directions Questionnaires are introduced; one for cases that are provisionally allocated to the small claims track and one for cases which may be allocated to the Fast or Multi-Track.

Re (1), if it's the form N180 "Directions questionaire Small Claims track" that I was sent to complete, then, as you say, it finishes at E. There isn't anywhere where it would be appropriate to make a request to the defendant. In any case, I thought this questionnaire was a court prodcedural matter not part of the claim itself.

Re (2), the form N180 says:

"Further fees may also be payable at different stages of the court process. Fees may be incurred by either party if you make an application to the judge or by the defendant if they issue a counter claim. You may be exempt from paying all or part of your fees. You can get more information by reading EX50 ‘Civil and family court fees’ and EX160A ‘Court fees - do I have to pay them.’ You can get both leaflets online at hmctsformfinder.justice.gov.uk "

Sorry, you're right, it is a Directions Questionnaire - a lot of posts on here refer to 'Allocation Questionnaire' so I've got confused. It's pretty straightforward then...but not sure if I should have done more (separately) to try and find out what the tech fault was...perhaps it comes later when they go into more detail in their defence?

Still not sure if the £40 fee is payable for claims where it's the initial £80 fee that pushes it over the £1500 limit?

Thanks, much appreciated

David_e

Kew73 wrote: »

Sorry, you're right, it is a Directions Questionnaire - a lot of posts on here refer to 'Allocation Questionnaire' so I've got confused. It's pretty straightforward then...but not sure if I should have done more (separately) to try and find out what the tech fault was...perhaps it comes later when they go into more detail in their defence?

Still not sure if the £40 fee is payable for claims where it's the initial £80 fee that pushes it over the £1500 limit?

Thanks, much appreciated

From what I have read, you may have found that they wouldn't volunteer any information about the technical fault anyway. If you read the law strictly, the precise nature of the technical fault isn't really an issue (unless it was, say, a manufacturing fault). As you say, I understand that in the pre-court disclosures (?) you can ask them for details like that.

Re fees, I would say your claim is your basic compensation plus interest. If that's under £1,500, I would say no fee due. If it worries you, maybe give MCOL a call.

nquire76

I received the same response from the Judge in my Notice of Allocation. I immediately emailed Thomson's to see if they had changed their position on Mediation and received an email back to say that they were still objecting to Mediation. Copies of both emails were sent to the Court with an explanatory letter to appraise them of the situation.

amac_3

Hi, I'm hoping somebody can advise me on what steps to take next. I have sent the template letter to Thomson to make a claim after my flight home from the Caribbean was delayed by 6 hours. I have just received a rejection letter from Thomson with the usual jargon but specific to my case they have written:
"In the case of your flight, the delay was due to the first officer being taken ill down-route. The two remaining pilots were legally required to take a further period of rest before being able to operate your flight as a two pilot operation and a delay was subsequently incurred. As such, the airline is not required by the CAA to have replacement crew member in overseas destinations."

I understand under medical grounds if a passenger or crew member becomes seriously ill or dies on-board during a flight then it would be deemed extraordinary circumstances but where do I stand because it didn't actually occur on my flight? I also understand because we were abroad Thomson wouldn't necessarily have standby crew available, but we were actually informed the evening prior to our return that we would be delayed. Factoring in the time difference this means Thomson would have known approx 11pm UK time, 11 hours before the UK flight left to fly to us. To be honest I haven't got a clue how airline pilots operate but from Thomson's response why would two pilots need the rest period when surely only one would to replace the sick first officer?

The only explanation I could think of was they operate on three pilots but I know the sick first officer wasn't on the outbound flight because it left the UK after we were informed of the delay like I mentioned above and also because once we were actually on-board our flight home the pilot apologised for the delay and said it was due to the first officer being diverted to Orlando. I checked flight stats so know the flight to us arrived on time.

My question really is do I have a case and where to go next? Back to Thomson or the CAA?

Any help would be gratefully received thanks.

Vauban

Neither will help you. You will have to take the airline to court. But if the pilot fell ill 11 hours before your flight, I think it would be very difficult for Thomson to demonstrate they had taken "all reasonable measures" to prevent your delay.

CobyBenson

David_e wrote: »

From what I have read, you may have found that they wouldn't volunteer any information about the technical fault anyway. If you read the law strictly, the precise nature of the technical fault isn't really an issue (unless it was, say, a manufacturing fault). As you say, I understand that in the pre-court disclosures (?) you can ask them for details like that.

Re fees, I would say your claim is your basic compensation plus interest. If that's under £1,500, I would say no fee due. If it worries you, maybe give MCOL a call.

This is correct.

You'll find out more about the tech problem when the airline sends their documentation and witness statements. The Court will usually order this to be done no later than 14 days prior to the hearing.

The £1,500 threshold is not inclusive of court fees, i.e. it is just the claim amount + interest.

jackoonline

Hi, just a quick post to say that I received a call from Thomson legal dept today offering to settle at £750. I am claiming 400 euro x 3. I said that I thought it an unreasonable offer and was now just waiting for the court date. She asked what I thought was reasonable, is responded by saying we'd be looking at £1000. She immediately agreed and has said Chq will be out shortly. Result!!