Flight delay and cancellation compensation, Tui/Thomson ONLY

alffiefifi

I submitted a claim for an 8 hour flight delay on our return flight (2 adults and 2 kids) from Dalaman Turkey to Gatwick on Thomson on 2 September 2013. I attached all the required paperwork. The reason for the delay as stated by Thomson on a letter handed to passengers was mechanical failure before departing on the outbound flight from Gatwick. I have received a standard letter of rejection which states no substantive reason for the rejection. I have filed their rejection with the CAA. I have not as yet written a formal letter before action. Should I do so, and should I commence proceedings in the county court?

Many thanks

Caz3121

Start with the FAQs on the Thomson thread and the "what to do next link"

laticsforlife

I suppose you could say that as Thomson is a travel company then being good at the legals is not their forte, but corporations as big as them really can't not have professional lawyers on their books, so there really is no excuse for their poor performance.

of course the flip side is that it makes your case that much easier to win.

I recently saw Ultimate Airport Dubai where Emirates virtually fully took apart an Airbus A380 to do maintenance - I reckon Thomson just wait for bits to fall off before they maintain their aircraft!!

I've managed to avoid using them for two holidays now, but at some point I will have to use them again, Sigh.

Moneyedout

Cardiffkoook wrote: »

Hi I have issued a claim against TUI UK LTD, TUI have responded and have advised that they cannot be pursued as the operating carrier was Thomson Airways Ltd.

My original paperwork clearly states that my contract is with TUI UK
LTD.

Do i respond to the defence or do i need to amend my claim to issue against Thomson Airways Ltd.

As no other issues have been raised and my contract is with TUI does this put me in a strong position or can TUI/Thomson bring up further issues at a later stage?

Thanks.

I am in exactly the same situation, only re-issuing a claim in the correct name will take me outside the six year limit.
I emailed the court online with my dilemma and they referred it on to Exeter Court as that is where any hearing will be held.
Exeter Court sent me the Form N244.
Exeter Court have been most helpful in informing me that there is a Legal Helpdesk for walk in queries. Yesterday, a very pleasant University Law Student spent two hours helping us fill in this form. Although it is stressed that this is not "legal advise" as such. we have been able to complete this form using the correct terminology and are now hopeful that the original claim will still stand.
The young lady was able to refer back to her tutor in another room who was supervising her and got her to reword certain parts
Most of this should also suit your purpose and if you would like a copy please PM me and I will attempt to forward it to you.
They even offered to accompany us to court as a "friend" to offer any support we may need. If you have a court near you perhaps they offer the same service.
Regarding their bringing up other issues, I can only wait and see.
I am confident however that they will.
regards

tonxy22

Kew73 wrote: »

Ok, so, reading across the various threads, my conclusion is that there's nothing I can do about the Dawson stay but I should contact the court to register my disagreement to the Huzar stay request on the basis that I am relying on Walletin-Hermann & Sturgeon (precedent case law) so there's no reason why it can't continue. Presumably I should therefore not include Huzar in my bundle when the time comes?
This is all new to me so if anyone has any further guidance/reassurance, it would be much appreciated! Thanks

Why is there nothing that can be done on the Dawson case?? I feel there's more case evidence on the 2 year.. Cuadrench More v KLM being one eg.

I am about to contest their letter to the court asking for a stay based on the outcome of Dawson as cases have already being awarded beyond 2 years...or is this the wrong thing to do now? Can I have some opinions??

I just rang the court for an update - they said the stay request is not presented as it should be so hopefully that makes it clear to the court how they are..

SGP

Moneyedout wrote: »

I am in exactly the same situation, only re-issuing a claim in the correct name will take me outside the six year limit.
I emailed the court online with my dilemma and they referred it on to Exeter Court as that is where any hearing will be held.
Exeter Court sent me the Form N244.
Exeter Court have been most helpful in informing me that there is a Legal Helpdesk for walk in queries. Yesterday, a very pleasant University Law Student spent two hours helping us fill in this form. Although it is stressed that this is not "legal advise" as such. we have been able to complete this form using the correct terminology and are now hopeful that the original claim will still stand.
The young lady was able to refer back to her tutor in another room who was supervising her and got her to reword certain parts
Most of this should also suit your purpose and if you would like a copy please PM me and I will attempt to forward it to you.
They even offered to accompany us to court as a "friend" to offer any support we may need. If you have a court near you perhaps they offer the same service.
Regarding their bringing up other issues, I can only wait and see.
I am confident however that they will.
regards

This happens all the time and happened to me, as I was advised, by the Director's office of TUI plc to issue my claim against them and not against Thomson Airways.

It is perfectly simple to file an N244 Application Notice and the form is pretty much self-explanatory.

From the top;

Name of Court (this is either the court you filed your claim in, or Northampton County Court if you used MCOL)

Claim no. (this is pretty obvious)

Claimant's name (your name)

Defendant's name (TUI Travel (or whatever you put here))

Date (the date you are filling in the form)

1. What is your name of, if you are a solicitor, the name of your firm? (fill in your name)

2. You are the claimant

3. What order are you asking the court to make and why?
The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with.

4. Have you attached a draft of the order you are applying for?
(Tick YES)

5. How do you want to have this application dealt with?
(Tick "without a hearing")

6. How long do you think the hearing will last?
(put 0 hours, 0 minutes)

7. Give details of any fixed trial date or period
(in the box type or write N/A)

8. What level of Judge does your hearing need?
(in the box type or write N/A)

9. Who should be served with this application?
(Thomson Airways Ltd & (your name))

10. What information will you be relying on, in support of your application?
(Tick the bottom of the three boxes "the evidence set out in the box below" then in the box below question 10, write the following)

1)A claim was issued against the Defendant on (date you issued your claim) in the (your court) County Court under claim number (your claim number) for the recovery of monies owed.
2) Due to an error, the Defendant's name was incorrect on the Claim Form.
3) Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "Thomson Airways Limited" pursuant to CPR 17.1 (2)(b). An amended copy of the Claim Form is annexed to this application.
4) I respectfully request that the need for re-service of the amended claim form be dispensed with as the claim form was validly served on the Defendant's address.
5) A draft of the order I am applying for is annexed to this application.

Then sign and date the statement of truth at the bottom of that box and complete section 11 below this.

Finally, on your original N1, cross out the name of the Defendant in red pen and write on the claim form next to it the correct name in red pen and underline in red. At the top of the first page of the claim form write in black, underlined in red, "Amended this xx day of xxxxxx 20xx pursuant to CPR 17.1.(2) (b).

Make 3 copies of the amended Claim Form to send with the application (one to be returned to you, one for the court and one for the Defendant).

The order should look like this.

[FONT=&quot](Day/Month) 2013[/FONT]

[FONT=&quot]In the (Court name) County Court [/FONT]

[FONT=&quot]Claim number XXXXXXXX[/FONT]

[FONT=&quot]
Between [/FONT]

[FONT=&quot](Your name) - Claimant [/FONT]

[FONT=&quot]and [/FONT]

[FONT=&quot]TUI Travel plc - Defendant [/FONT]

[FONT=&quot]Draft Order [/FONT]

[FONT=&quot]UPON THE APPLICATION of the Claimant by Application Notice dated (Day/Month) 2013[/FONT]
[FONT=&quot]IT IS ORDERED THAT:[/FONT]
[FONT=&quot](1)

[/FONT]
[FONT=&quot]The Defendant's name be amended to “Thomson Airways Limited” pursuant to CPR 17.1.(2) (b) and re-service of the Claim Form be dispensed with.

There will be a fee of £45 to file an N244, but remember that this may be waived if you use an EX160 - Application for fee remission.
[/FONT]

Mark2spark

SGP wrote: »

It is perfectly simple to file an N244 Application Notice and the form is pretty much self-explanatory.

From the top;


Defendant's name (TUI Travel (or whatever you put here))

If one was to put, Thomson Airways, also operating as TUI Travel ltd...

would that cover both stances?

ErnieW

Bundle sent to Court & Thomson and then low and behold a letter arrives asking for a stay from Thomson on the Dawson appeal & Huzar appeal.......looks like a lot of people in the same boat....are you agreeing to the stays or are you objecting? Any info or help highly appreciated.....and my claim is from 2010 on EC's

retatco

Mark2spark wrote: »

If one was to put, Thomson Airways, also operating as TUI Travel ltd...

would that cover both stances?

My claim went in as - TUI, Thomson Airways Ltd.
I've had no problems with that.

retatco

ErnieW wrote: »

Bundle sent to Court & Thomson and then low and behold a letter arrives asking for a stay from Thomson on the Dawson appeal & Huzar appeal.......looks like a lot of people in the same boat....are you agreeing to the stays or are you objecting? Any info or help highly appreciated.....and my claim is from 2010 on EC's

Check with your court if the request for a stay has been presented correctly with form N244. Thomson are trying to get away with a letter which courts should, evidently, not accept.