Flight delay and cancellation compensation, Tui/Thomson ONLY

dp2603

woodcr wrote: »

l have read the report on dawson v thomson and the link to a solicitors website who seem to think this will be thrown out at appeal as this decision was made by a respected judge and unlikely to be overruled but the problem l have is do l proceed with the nba and wait for the outcome or carry on with court proceedings l would appreciate any advice annyone can give me.thanks

I would proceed with your nba if I were you because Thomson are unlikely to respond to it. In my case they ignored the nba and a follow up letter and it wasn't until I had issued my MCOL form that I received any correspondence from them. The whole process from writing an nba to taking it to court will take months and perhaps the Dawson appeal will have been heard by then.

SciTech

Finally got Thomson's defence through today for 2 delayed flights.
First flight ... Unforeseeable technical defect... Altimeter defect and the second flight.... Unforeseeable technical defect.. Engine bleed defect.

Okay, so both unforeseeable but worryingly Thomson's have clearly stated the wrong flight number for one of our flights. Classic!!

Waiting now for next stage of the court process!

Gromit22

zzx wrote: »

Shall we gather evidence from all those with whom Thomson have chnged their defence/ Then approach CAA and insist on enforcement.
In my case Thomson signed the Statement of Truth with a n erroneous defence which, when disproved, they altered. If shown to be chronic this is an abuse of Court process.

If you start a thread I will add my case.

tightasarats

Idiot alert!

I am hoping someone takes pity on me.

I have a court date in a few weeks in November. I had previously sent the basic template request for compensation on the MCOL claim. I received a 2 page, 16 point defence from Thomson (looks a fairly standard template they use) primarily citing 2 year rule, proof required that I was on the flight and EC due to unspecified hydraulic leak etc.

With just over a fortnight until the hearing and having received no telephone offers of settlement, I thought I would come in here and start preparing some arguments. In complete ignorance of the way the process works, I thought we would argue the case in court, but having read many helpful posts I keep coming across people talking about 'bundles' and evidence being sent to parties 14 days ahead of hearing.

Any nudge in the right direction would be really appreciated. Am I too late to do anything now? Should I just send a copy of Huzar?

Many thanks in advance

JPears

Oh dear, someone is going to be burning the midnight oil. Get yourself over to the "Taking airlines to court" thread, its mostly in there...
You need a detailed statement of what you are claiming and why, inclduing a timeline of events and copies of all correspondance.
A copy of all the case law you are relying on such as Sturgeon, Wallentin, Regh 261/2004, Huzar etc.
Any other evidence you are intending to use.
A copy to the court and a copy to the defendants.
This is your bundle.
A skeleton argument for use in court for yourself on the day.

Vauban

Tight: did you not ave a court order which gave you a date and informed you of a deadline to submit ocuments to the court by?

tightasarats

Hi,

No I haven't received anything further than a letter in September notifying me that the Deputy Judge had considered the statements of case and allocated the claim to the small claims track and a listing date.

Requested a hearing fee and said to notify the court in writing at least 7 days before if case settled.....

legal_magpie

I have experience of CEDR in a commercial mediation and they were excellent but I cannot see that there is any point in using them (or any commercial mediator) in this type of case as the amounts in question are small and these claims aren't really appropriate for mediation anyway.

The purpose of mediation is to achieve a settlement and avoid the risks of litigation but in these airline cases, all of which are small claims, there isn't much risk to start with. If you have a good case, you will win. If you haven't you will lose. There's no half and half. If you think your case is doubtful, you may want to try to compromise but commercial mediation? No way.

laticsforlife

tightasarats wrote: »

Hi,

No I haven't received anything further than a letter in September notifying me that the Deputy Judge had considered the statements of case and allocated the claim to the small claims track and a listing date.

Requested a hearing fee and said to notify the court in writing at least 7 days before if case settled.....

When is your date, as you have to pay the Court fee and present your bundle of documents by a certain date about 2 weeks prior to that date.

As previously said your bundle should be a good sized affiar with numbered pages, and all the evidence you are chosing to use, now to include Huzar (point 27 in particular).

Go out and buy some numbered A4 dividers and tags and make a bundle to include copies of the full transcripts of the cases (Wallentin, Sturgeon, Huzar etc).

Also anything else you have gleaned from research (Flightstats, emails and all letters to and from Thomson).

pryfin

Hi there has anybody else had a phone call from thomsons to apologise for the delay on flight tom195 19 hrs delay and they say no compensation due to US aviation authorities?