Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

zzx wrote: »

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

Of course Huzar sets a precedent. While it is not binding in the same way as a High Court judgment is, it has considerable persuasive authority and was applied to great effect in my own case and has been followed in later cases.
J

richy_young1987

Has anyone received compensation for this diversion/delay yet? we were on the same flight.

slg_sue

I sent my claim for compensation for my party (15 in total) to Thomson on 12 November, we have not heard a dicky bird from them since, the reason for the delay is that a previous flight coming back from Mexico had technical issues (I believe from what we remember). Thomson were aware of this as half the passengers received text messages stating that we would be delayed and not to get to the airport until the afternoon, our flight to Florida was scheduled to leave at 9.25am.
How long do I leave it before contacting them again?

111KAB

slg_sue wrote: »

How long do I leave it before contacting them again?

Up to you really but given the size of your party I would expect Thomson to try every trick to put you off claiming so you may as well start the 'battle' sooner rather than later.

slg_sue

Haha, that's what I think too!!! I have completed the online form that they sent me via a link and asked when I was likely to receive an update to our letter and email. I am prepared to give them their 28 days of course but will take out the big guns on 15 December, have to find them first but one way or another I will fight it!! Just need to figure out what legal route to take so a bit of reading for me

Cherrycherry

razorsedge wrote: »

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).

I gave Court a ring and a woman confirmed that I may ask for to extend the time, but there will be an £80 fee for that.
I haven't even paid the hearing fee on time, I have done this only when I received second letter, which was more that a month later. It's just ridiculous how they send all the paperwork.

phritchie

Background: Flight from Birmingham to Cancun delayed by 4hrs 20mins in Feb 2010. Small claims court action launched in Sept 2013. Thomson claim it's ECs as a knock on due to technical fault on another aircraft (surely the least extraordinary of all circumstances!), and usual 2 year limit nonsense. Allocated to small claims cort and passed to my local county court earlier this month.


We've had a letter from the court today saying our claim has been struck out, due to the '2 year limit'. :wall: They've said that as there was no hearing, we can reply within 7 days with a suitable reason to have the case re-instated.

I've seen this happen on the forum before, and accordingly I've got a 5 points statement to counter the 2 year claim to hand.

However, can anyone suggest how to respond to the court? Do I have to fill out a specific form (N244 looks quite daunting), or would a letter to the court do the job?

How successful were others in having their claims re-instated?

As a side point, I would recommend that anyone claiming against a 2 year defence should breifly state that the 2 year limit does not apply in the particulars of claim.

Thanks,

Rooonaldo

phritchie wrote: »

Background: Flight from Birmingham to Cancun delayed by 4hrs 20mins in Feb 2010. Small claims court action launched in Sept 2013. Thomson claim it's ECs as a knock on due to technical fault on another aircraft (surely the least extraordinary of all circumstances!), and usual 2 year limit nonsense. Allocated to small claims cort and passed to my local county court earlier this month.


We've had a letter from the court today saying our claim has been struck out, due to the '2 year limit'. :wall: They've said that as there was no hearing, we can reply within 7 days with a suitable reason to have the case re-instated.

I've seen this happen on the forum before, and accordingly I've got a 5 points statement to counter the 2 year claim to hand.

However, can anyone suggest how to respond to the court? Do I have to fill out a specific form (N244 looks quite daunting), or would a letter to the court do the job?

How successful were others in having their claims re-instated?

As a side point, I would recommend that anyone claiming against a 2 year defence should breifly state that the 2 year limit does not apply in the particulars of claim.

Thanks,

I believe you will need to use N244 and probably pay a fee(£80)!The form isn't that daunting once you get into it.The fee should be recoverable if you win.

socrates1882

In the Dawson appeal Thomson accept that More is binding.

What they are arguing is that the Montrael Convention is our national precedent as set out in the case of Sidhu and others v British Airways rather than the Limitation Act 1980.

jenn1ewest1

Have had my case stayed today based on the Dawson two year and the Huzar Extraordinary circumstances appeals however the Judge did order Thomson to pay my costs today as they hadnt applied for the stay correctly and Thomson have 14 days to update them on whether they have been granted the Huzar appeal .I do honestly believe had my case been heard today I would have won
JH