Flight delay and cancellation compensation, Tui/Thomson ONLY

JarvJarv

kenpeo wrote: »

thanks to all at forum for the help and post which have guided me through to court (the only way to do it)

Well done kenpeo. I have pm'd you.:j
JJ

batman44

JPears wrote: »

Yeah, sorry. So only a few months over 2 years.

[FONT=&quot]In English law, section 9 of the Limitation Act 1980 [/FONT]
[FONT=&quot]provides that "[/FONT]
[FONT=&quot]an action to recover any sum recoverable [/FONT]
[FONT=&quot]by virtue of any enactment shall not be brought after the [/FONT]
[FONT=&quot]expiration of six years from the date of which the cause [/FONT]
[FONT=&quot]of action accrued.[/FONT]

SGP

Mark2spark wrote: »

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

would that cover both stances?

Any number of claimants or defendants may be joined as parties to a claim. However, TUI plc or Ltd are not an airline and thus should not be a party to any claim for compensation under Regulation (EC) 261/2004. Typically, a party applying for an amendment will usually be responsible for the costs of and arising from the amendment. Thus if you do add TUI and they object, you may find yourself required to amend the claim and bear the cost.

Since one would usually know the name of the airline one has flown with, just issue the claim against them.

kenpeo

sorry JarvJarv did not get reply either

batman44

SGP wrote: »

Any number of claimants or defendants may be joined as parties to a claim. However, TUI plc or Ltd are not an airline and thus should not be a party to any claim for compensation under Regulation (EC) 261/2004. Typically, a party applying for an amendment will usually be responsible for the costs of and arising from the amendment. Thus if you do add TUI and they object, you may find yourself required to amend the claim and bear the cost.

Since one would usually know the name of the airline one has flown with, just issue the claim against them.

Sounds simple but it can be confusing, in reality as some letters and responses come from different parts of the same organisation. In this instance the letters could have TUI ltd at the bottom or part of the TUI group of companies, it could be easy to be given the wrong info with travel companies, especially if you booked with a partner organisation and all your info comes from them, then you need to claim from another part of the parent organisation or division of.. Same with all travel companies, very confusing. They could say you need to claim from Thomson's or Portland or the charter airline, they all do it to throw you off.:think:

jenn1ewest1

Hi Guys
I could really do with some Advice Tonight if possible I am due in court at the end of next week and Today I have received an E-Mail from Tony Moran asking me to agree to a Stay based on the Huzar Appeal.I really dont want to stay the case as I believe I can win even if I drop the Huzar Judgement
the e-mail states
As you no doubt aware,there are now two cases going to the court of appeal in repsct of regulation 261( Dawson in respect of the time limit point and Huzar in respect of the test to be applied in determining extraordinary circumstances)
We have previously asked the court to stay on this basis,but unfortunately they have asked for an application to be made.In order to save time and costs for us both,would you be willing to consent to a stay of the proceedings until such time that the court of appeal returns on both cases
I look forward to your response
Tony Moran

georgewn.1

jenn1ewest1 wrote: »

Hi Guys
I could really do with some Advice Tonight if possible I am due in court at the end of next week and Today I have received an E-Mail from Tony Moran asking me to agree to a Stay based on the Huzar Appeal.I really dont want to stay the case as I believe I can win even if I drop the Huzar Judgement
the e-mail states
As you no doubt aware,there are now two cases going to the court of appeal in repsct of regulation 261( Dawson in respect of the time limit point and Huzar in respect of the test to be applied in determining extraordinary circumstances)
We have previously asked the court to stay on this basis,but unfortunately they have asked for an application to be made.In order to save time and costs for us both,would you be willing to consent to a stay of the proceedings until such time that the court of appeal returns on both cases
I look forward to your response
Tony Moran

In my opinion if they are reluctant to file the paperwork for a stay and have instead have asked for your agreement I think that they are perhaps not that confident of obtaining the stay.

PERKIE

doodle1234 wrote: »

Just wanted to say thanks for the information and guidance given on this forum. I was delayed on my flight MAN/MAH in July this year, I wrote to Thomson on my return and received a call this week offering full compensation.

Hi, this is interesting as I was on a flight in July, Manchester to mahon but have been refused. Can you message me your flight date and number please? If its the same flight this would help my defence! Thanks

Trigger16

jenn1ewest1 wrote: »

Hi Guys
I could really do with some Advice Tonight if possible I am due in court at the end of next week and Today I have received an E-Mail from Tony Moran asking me to agree to a Stay based on the Huzar Appeal.I really dont want to stay the case as I believe I can win even if I drop the Huzar Judgement
the e-mail states
As you no doubt aware,there are now two cases going to the court of appeal in repsct of regulation 261( Dawson in respect of the time limit point and Huzar in respect of the test to be applied in determining extraordinary circumstances)
We have previously asked the court to stay on this basis,but unfortunately they have asked for an application to be made.In order to save time and costs for us both,would you be willing to consent to a stay of the proceedings until such time that the court of appeal returns on both cases
I look forward to your response
Tony Moran

I'm due in court in a couple of days. I have had a call from Thomsons advising that the Court had asked them to ring me as it would be to my benefit to agree to a stay (based on Huzar Appeal). I replied no thank you.

I have removed all references to Huzar from my court bundle and I am preparing for the case. I am working on the basis that Thomson would have to make a formal application to stay the hearing and then its up to the judge to decide.

Why do you think that they are asking us to agree to stay the hearing with them?

111KAB

Trigger16 wrote: »

Why do you think that they are asking us to agree to stay the hearing with them?

As they think they have a chance of winning the appeal (pig just flew past my window) and they can delay payment thus meeting their profit target for this financial year and pushing the financial problem into their next year accounts.