Flight delay and cancellation compensation, Tui/Thomson ONLY

Lewigreg081281

I know it's a joke. Don't they get further punishment when they are proved to be lying to customers?

Vauban

No. But if their witnesses lie on oath or in a signed witness statement to the court, that may be another matter ...

dp2603

jenn1ewest1 wrote: »

Thomson have asked for a stay via a letter rather than filling in the N244 and when I spoke to the court they said it will just sit on file as they have not actually applied through the correct channels

A few days before my hearing on 4 Nov Thomson wrote to the court asking for a stay pending the Dawson appeal. At my hearing the judge ordered the claim be stayed for 3 months.

I have now received a copy of a letter that Thomson have sent to the court asking for the case to be stayed until June 2014 as the Dawson appeal is not due to be heard until May 2014.

zzx

Vauban wrote: »

No. But if their witnesses lie on oath or in a signed witness statement to the court, that may be another matter ...

and if the lie is in a signed "Statement of Truth" presented to court?
Is that an attempt at erverting the course of Justice?

retatco

I have had a copy of a second request for a stay in three days regarding our case this morning. This time they are quoting HHJ Yelton and HHJ Platts. Thomson say an appeal was filed on the HHJ Platts case on 12/11/13 by Jet2 presumably.
I wonder if this is untrue and that a request to appeal was filed but is still to be granted?
There are no details of the Approved Judgment enclosed with the request, only Thomson's statement by letter. No form N244 either!
PS. Just read the Huzar link, it looks like Thomson are jumping the gun.

RobRob888

I too have received the same letter from the "EU Delay Claims Team CL".
They say they are. appealing "Platts" and Dawson.
They have included the Dawson "Appellant's Notice".

The court say they have the letter and will pass to the judge along with any comments I wish to make.
Surprised to find I can use email for comments....

jenn1ewest1

I have received my Bundle off Thomson today am I being a typical Blonde but they have not even mentioned the two year Delay on their Document
this is what their bundle consists of
1.EC/261/2004 Denied Boarding
2.Joined cases C-402/07 and C =432/07 Christopher sturgeon and Others -V -Condor flugdienst GmbH-and Stefan Bock and Cornelia Lepuschitz-v-AirFrance SA
3.Joined cases C-581/10 and C-629/10 Emeka Nelson and others- V -Deutsche Lufthansa AG -And-TUI Travel Plc and Others
4.Case C-549/07 Friederike Wallentin Hermann -v-Alitalia-Linee Aeree Itilane SpA
5.Placing Wallentin Hermann in line with continuing Airworthiness A possible guide for enforcers of EC regulations 261/2004
6.Non-Exhaustive and non binding list of extraordinary circumstances resulting from the work of NEB for the application of the application of the current regulation EC 261/2004
7.Defence
8.conditions of carriage
9. witness statements of mr Stephen smith and exhibits
10.Witness statements of mr Wayne Fraser and exhibits


any thoughts on this would be greatly appreciated
JH

LULU5779

Vauban wrote: »

The court fees are paid by the other side if you win.

You can claim I believe £90 from the other side for your court attendance, again assuming you win. Got to remember to ask the judge for it though (at the end).

It is all up to the judge on the day. I recently won a case as the defendant not related to flight delays but it was small claim track case. The case was decided within 5 minutes. I asked the judge about the cost I had incurred in defence and he said he never awards costs in the small claims court.

jenn1ewest1

did get letter few weeks ago saying they had written to the court asking for a stay on the two year date but it was not done through the court just a letter
JH

JarvJarv

I sent off my NBA and surprisingly received a reply within 7 days. Unsurprisingly, however, it contained nothing of substance, and still after 7 letters to Thomson's I have had not been given any reason for the delay. So it's MCOL time.
Can anyone confirm that I can or cannot claim for our party of 4, which included one child, using MCOL? I can't find anything official or in MCOL FAQ's.
Which address should be used, the Wigmore House, Luton or TUI Travel House, Crawley.
All help gratefully received.