Flight delay and cancellation compensation, Tui/Thomson ONLY

Mark2spark

MinnieMouseSal wrote: »

Hi
What do u think my chances are? Will I have to take it further in your experiences?
Thanks for any advice : )

The long term 'chances' are good.
But yes, you will almost definitely have to take it further.

MinnieMouseSal

Thanks Mark2spark and 111KAB if I go down the route of court I might do No win no fee as I don't know if I could do it myself!

Mark2spark

MinnieMouseSal wrote: »

Hi
I sent my letter to Thomson...and they said sorry no could do!

There was no reason for the delay...

Do you mean that they did not give *any* reason for the delay?
If so, on what grounds are they saying 'no can do'?

tonxy22

So I'm a few weeks off court hearing - bundle about to go in the post tomorrow...

Then a letter arrives from Thomson requesting that even if they fail in this defence the claim should be stayed until the Court of Appeal gives judgement in the Dawson case. They suggest this is the best course of action because:

1. The Court of Appeal will review more thoroughly than can be done in this case.
2. The Court of Appeal decision will be precedent and will allow the lower court to apply said decision.

I'll ring the court tomorrow and see where I stand on actually going to court.

From the look of it I'll not object to the stay if people are correct on the implications relating to costs..

Should I write in response as SGP advised???

"Dear

I am in receipt of your letter of (date)

I note that you intend to apply for a set aside of the judgment granted on (date).

I will state now that I will raise no objection to your application provided that it is made with liberty to restore and dependent upon my receiving your defence to this claim within 14 days of the date of this letter and that you file a copy of the same with the Court.

Kindly therefore let me have your defence directly as well as filing your copy with the court.

I look forward to your reply.

Yours etc"


The airlines are worse than the Banks in my opinion - at least they admitted their failings and made allowence to settle their debts.

There has to be so much focus put on this Dawson case so the courts can't do anything stupid. It looks like another last gasp attempt to stall...

JPears

tonxy22 wrote: »

So I'm a few weeks off court hearing - bundle about to go in the post tomorrow...

Then a letter arrives from Thomson requesting that even if they fail in this defence the claim should be stayed until the Court of Appeal gives judgement in the Dawson case. They suggest this is the best course of action because:

1. The Court of Appeal will review more thoroughly than can be done in this case.
2. The Court of Appeal decision will be precedent and will allow the lower court to apply said decision.

I'll ring the court tomorrow and see where I stand on actually going to court.

From the look of it I'll not object to the stay if people are correct on the implications relating to costs..

Should I write in response as SGP advised???

"Dear

I am in receipt of your letter of (date)

I note that you intend to apply for a set aside of the judgment granted on (date).

I will state now that I will raise no objection to your application provided that it is made with liberty to restore and dependent upon my receiving your defence to this claim within 14 days of the date of this letter and that you file a copy of the same with the Court.

Kindly therefore let me have your defence directly as well as filing your copy with the court.

I look forward to your reply.

Yours etc"


The airlines are worse than the Banks in my opinion - at least they admitted their failings and made allowence to settle their debts.

There has to be so much focus put on this Dawson case so the courts can't do anything stupid. It looks like another last gasp attempt to stall...

No dont use the above letter, this is in respect of setaside for judgement by default. In your case the airline is asking for a stay (delay) until the Dawson case is complete.

Mark2spark

tonxy22 wrote: »

So I'm a few weeks off court hearing - bundle about to go in the post tomorrow...

Then a letter arrives from Thomson requesting that even if they fail in this defence the claim should be stayed until the Court of Appeal gives judgement in the Dawson case.

Was your claim started more than 2 years after the delayed flight?

IMO, push for a hearing if they are defending a tech issue, although agreement to the stay *over the payout only* can be safely agreed, - although make it clear that you believe it to be a frivolous appeal and that interest is sought.

SGP

tonxy22 wrote: »

So I'm a few weeks off court hearing - bundle about to go in the post tomorrow...

Then a letter arrives from Thomson requesting that even if they fail in this defence the claim should be stayed until the Court of Appeal gives judgement in the Dawson case. They suggest this is the best course of action because:

1. The Court of Appeal will review more thoroughly than can be done in this case.
2. The Court of Appeal decision will be precedent and will allow the lower court to apply said decision.

I'll ring the court tomorrow and see where I stand on actually going to court.

From the look of it I'll not object to the stay if people are correct on the implications relating to costs..

As you have been advised above, no need to change tack at this stage. Continue as if you are going to attend your hearing.

There is no obligation on you to agree to a stay and if Thomson actually apply for a stay, using an N244, I would be surprised.

RobRob888

Cubatony2002 wrote: »

Just finished my court bundle ready to send to Thomson and the court. Hugely satisfying feeling, that can only be bettered by depositing their cheque should I win.

Huge thanks to Vauban, ftd83 and legal magpie for your help.

The bundles are due to be served by Friday. How late in the week do you reckon I will have to wait for their bundle?

Cuba T

I'm now working on my bundle - in court next month.
They are using Montreal 2yrs alternatively a technical fault which they are calling an EC on the previous flight.
I plan the include More, Dawson ; Finnair vs Lassooy ; Huzar

I have a sample skeleton defence - thanks to Legal Magpie.

Grateful for any advice , bundle contents, other skeleton defences etc which might make this process easier.

Thanks

tonxy22

SGP wrote: »

As you have been advised above, no need to change tack at this stage. Continue as if you are going to attend your hearing.

There is no obligation on you to agree to a stay and if Thomson actually apply for a stay, using an N244, I would be surprised.

Great - thanks SGP...

Should I fire off a response to court saying I wish to continue and attend the hearing or is that their decision???

SGP

tonxy22 wrote: »

Great - thanks SGP...

Should I fire off a response to court saying I wish to continue and attend the hearing or is that their decision???

Unless you are advised, by the Court not to attend, then you should proceed as if your hearing is going ahead.

Thomson cannot order a stay, they can only request one and doing so by letter is considered an attempt at an application on the cheap and is generally frowned upon. Should Thomson be represented at your hearing, their counsel may request the court stays the claim, but it is just that, a request.