Flight delay and cancellation compensation, Tui/Thomson ONLY

jayw996

JPears wrote: »

If you need any information, such as written engineers report on repair work etc or evidence of taking other measures to reduce your delay then I believe you may need to request that under CPR18 rules. It is entirely up to you how you do your statement. Chronologically is usually sensible, with reference to statements made by the defence. Overall it needs to be precise, comprehensive and include EVERYTHING you intend to use as evidence, as it is more difficult to introduce at a later date. Some questions are better left until the hearing.

You say you can request the engineers report Under CPR18 rules. When and how do I do this?

David_e

JarvJarv wrote: »

I might be being a bit naive but where in 261/2004 does it say that you have to start legal proceedings to get compensation?

It doesn't and, in an ideal world, you shouldn't have to. The Reg gives you your rights; legal proceedings are required (for most of us) to enforce those rights!

kenpeo

Thirdwatch1965 wrote: »

Sent claim to Thomson airlines about 5 hour delay from sanford to manchester in july 2012 but got usual reply from them. Sent all paperwork to CAA who have now sent it back thomson to reconsider claim. My question is am i likely to get any further reply from them or would i be better going to snall claims court.

have just had an offer from Thompson for this flight, full compensation plus court cost, now awaiting payment but was waiting for date for small claims court, hope this helps!

tonxy22

So I'm in court next week...have received Thomson's court bundle. I'm amazed how sparse it is...no witness statements, no references to anything technical. Just the usual regs...

I'm a little confused?? Compared to my bundle it looks very half-hearted...

Anyone else have anything similar??

JPears

tonxy22 wrote: »

So I'm in court next week...have received Thomson's court bundle. I'm amazed how sparse it is...no witness statements, no references to anything technical. Just the usual regs...

I'm a little confused?? Compared to my bundle it looks very half-hearted...

Anyone else have anything similar??

Sounds encouraging incompetance. They can only introduce additional material to hearing with the approvl of you and judge

zzx

Confess to being baffled by these Stays. As Huzar does not set a precedent why would a stay be granted?

Wallentin informed Huzar and Wallentin cannot be stayed. Similarly Dawson as More pertains.

JPears

wilja13 wrote: »

has anyone

?? :d

Cherrycherry

Hi all,

can anyone advice what should my statement to court say? I have so little time to prepare it as I've never received court order and when I have eventually, only two days left before deadline.
My flight was delayed due to knock on effect. Thomson don't even mention it anywhere in their defence, only technical issue on the previous flight.
Many thanks.

razorsedge

Cherrycherry wrote: »

Hi all,

can anyone advice what should my statement to court say? I have so little time to prepare it as I've never received court order and when I have eventually, only two days left before deadline.
My flight was delayed due to knock on effect. Thomson don't even mention it anywhere in their defence, only technical issue on the previous flight.
Many thanks.

Was the date of the order requesting your documents a long time before the postmark of the letter to you? This happened in my case, although there was still sufficient time before my hearing to cobble things together.

Probably worth giving the Court a ring about the short deadline. There might be a CPR (Civil Procedure Rule) that covers the situation you are in that you can use to get an extension to the deadline.

CPR 27.4 (2) (a) states you should get at least 21 days' notice of the date fixed for the final hearing.
Assuming standard directions, that would only give you 7 days to file and serve your documents by the 14 day deadline though.

razorsedge

razorsedge wrote: »

Was the date of the order requesting your documents a long time before the postmark of the letter to you? This happened in my case, although there was still sufficient time before my hearing to cobble things together.

Probably worth giving the Court a ring about the short deadline. There might be a CPR (Civil Procedure Rule) that covers the situation you are in that you can use to get an extension to the deadline.

CPR 27.4 (2) (a) states you should get at least 21 days' notice of the date fixed for the final hearing.
Assuming standard directions, that would only give you 7 days to file and serve your documents by the 14 day deadline though.

CPR 3.1 (2) (a) gives the Court power to extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired)

I would say definately ring the Court, especially if you think there has been a delay at the Court in sending you the notice of hearing etc.

Having said that, it is unlikely that Thomson's will serve their documents to you by the deadline (if at all).