Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Chezza: Good to see the court managing the process. So my reading of this order is that the airline has two days left to file papers, or you win.

[Edit: Crossed with JP!]

razorsedge

chezza2524 wrote: »

The letter actually says:
Upon it appearing from the papers in the case that the defendant has failed to file witness statements and/or copy documents as ordered by the court, and of the court's own motion
It is ordered that:
1.UNLESS the defendant shall by 4.00pm 23 January 2014 file at court and serve on the claimant statements (including a statement of his/her own evidence.) and copy documents on which he/she relies and if he/she fails to do so the defence and any counterclaim be struck out and the claimant shall be entitled to enter judgement on the claim without further order.
2. This order has been made without a hearing under the courts case management powers contained in part 3 of the civil procedure rules. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on the other parties an application that sets out your reasons for objection.

Was this the same DJ who struck out a good portion of Thomson's defence last year?

legal_magpie

What has probably happened is that:

1. The DJ refused them permission to appeal. He would then have to complete a form N460 in which he sets out his reasons for refusing permission.

2. Thomson then applied to the Circuit Judge for permission to appeal and got it.

3. Thomson decided not to bother and paid you.

I suggest that you write to the Court saying that Thomson have paid the judgment in full.
JJ

chezza2524

JPears wrote: »

So you'll be ringing the court Friday morning. If they haven't submitted what's required, you get judgement by default. We'll await you posting Friday morning
Have the 7 days to apply for set aside passed too?

I wasn't too sure if the 7 days were from when the Order was sent, or if it started friday. If it is from when the order was sent, the 7 days are up tomorrow. But yes, I'll be ringing the court on Friday morning

chezza2524

razorsedge wrote: »

Was this the same DJ who struck out a good portion of Thomson's defence last year?

No it is a different one

socrates1882

chezza2524 wrote: »

The letter actually says:
Upon it appearing from the papers in the case that the defendant has failed to file witness statements and/or copy documents as ordered by the court, and of the court's own motion
It is ordered that:
1.UNLESS the defendant shall by 4.00pm 23 January 2014 file at court and serve on the claimant statements (including a statement of his/her own evidence.) and copy documents on which he/she relies and if he/she fails to do so the defence and any counterclaim be struck out and the claimant shall be entitled to enter judgement on the claim without further order.
2. This order has been made without a hearing under the courts case management powers contained in part 3 of the civil procedure rules. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on the other parties an application that sets out your reasons for objection.

Righty ho,

This is a slightly different matter in that it is an Unless Order with sanctions for the Defendant if they do not comply.

Whilst you can call the court, the order stipulates the documents must be served on you too. So if you've not got them by 4pm tomorrow you can write to the court and send in your request for judgment. If you still have your notice of issue it's the bottom half of that, alternately you can find form N225 on the attached link :-

http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

In your letter to the court stipulate that you are requesting judgment as the defendant has failed to comply with the unless order.

JarvJarv

Received full compensation last week without going to court, although I had started court proceedings and had received notice that Thomson were going to defend.
To get as much information as possible for my bundle I had made a Data Subject Access Request; amongst many, two items requested were, a copy of the passenger manifest and a copy of all correspondence about me or my booking reference from the CAA.
Apart from the manifest all information was received within the 40 days so I telephoned T,s legal department to enquire, I was told that the manifest data was stored elsewhere but could be retrieved for £1500, payable by me.
The CAA info was a one liner stating,
"CAA have contacted us regarding this customer - there flight has been authorised for comp by pc."
Disregarding the spelling mistake I asked for an explanation of this and after a bit of toing and froing and negotiation they agreed to pay in full immediately.
Accepted, and compo in the bank within a week.

I take back some of my criticism of the CAA, they clearly are doing something but they need more b***s and get tougher with the airlines.

My thanks go to all forum members that have given advice and especially those that have specifically replied to my posts, David_e and CobyBenson to name but two.:beer:

To all others pursuing a claim don't give up; as the saying goes "illegitimi nil carborundum".
JJ:T

JPears

JarvJarv wrote: »

Received full compensation last week without going to court, although I had started court proceedings and had received notice that Thomson were going to defend.
To get as much information as possible for my bundle I had made a Data Subject Access Request; amongst many, two items requested were, a copy of the passenger manifest and a copy of all correspondence about me or my booking reference from the CAA.
Apart from the manifest all information was received within the 40 days so I telephoned T,s legal department to enquire, I was told that the manifest data was stored elsewhere but could be retrieved for £1500, payable by me.
The CAA info was a one liner stating,
"CAA have contacted us regarding this customer - there flight has been authorised for comp by pc."
Disregarding the spelling mistake I asked for an explanation of this and after a bit of toing and froing and negotiation they agreed to pay in full immediately.
Accepted, and compo in the bank within a week.

I take back some of my criticism of the CAA, they clearly are doing something but they need more b***s and get tougher with the airlines.

My thanks go to all forum members that have given advice and especially those that have specifically replied to my posts, David_e and CobyBenson to name but two.:beer:

To all others pursuing a claim don't give up; as the saying goes "illegitimi nil carborundum".
JJ:T

They can have as big a kahoonas as they like, but they appear to have no legal, moral or ethical ability to deal with airlines.
The power of a SAR eh?

laticsforlife

ladaowner55 wrote: »

I was delayed by 3.05 hours from spain to the UK on the 22 dec because thompson had count 346 bags and only has security clearance for 345, so they had to remove all the bag and count them again and found they had counted incorrectly.

Does this qualifiy? It appears to qualify to me. If it does I will get the letter in the post tomorrow.

Was your landing time over 3 hours delayed though (NOT your take-off time); you may find they pushed on a little to pull back the necessary 5 minutes to refuse any claims under 261/04.

razorsedge

chezza2524 wrote: »

No it is a different one

Two DJ's for your claim have given Thomson some trouble now.

:think:I think I want my case transferred to your court!