Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • socrates1882
    socrates1882 Posts: 63 Forumite
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    chezza2524 wrote: »
    Well, after receiving an email yesterday with 2 witness statements I have just received their bundle which was sent yesterday. It seems as though someone is taking the mick with the court process

    You've received it today?

    They've not complied with the order then, their defence is struck out and you are entitled to request judgment.
  • JPears
    JPears Posts: 5,086 Forumite
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    Go for it chezza.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • chezza2524
    chezza2524 Posts: 37 Forumite
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    socrates1882 wrote: »
    You've received it today?

    They've not complied with the order then, their defence is struck out and you are entitled to request judgment.

    I received an email yesterday with 44 pages of their bundle but have received their full bundle today with 290 pages. Does the email not count then?

    Do I ring the court or just send in the form requesting judgement?
  • Vauban
    Vauban Posts: 4,736 Forumite
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    chezza2524 wrote: »
    I received an email yesterday with 44 pages of their bundle but have received their full bundle today with 290 pages. Does the email not count then?

    Do I ring the court or just send in the form requesting judgement?

    Less than 20% of the bundle by email doesn't cut it in my view. But you might call the Court Manager to say that you have received the bundle after the Judge's order, enquire whether their bundle was received on time, and ask how best this should be brought to the attention of the judge - eg will a letter from you suffice?
  • socrates1882
    socrates1882 Posts: 63 Forumite
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    chezza2524 wrote: »
    I received an email yesterday with 44 pages of their bundle but have received their full bundle today with 290 pages. Does the email not count then?

    Do I ring the court or just send in the form requesting judgement?


    Two ways of looking at it -

    i. Either the 44 pages are all that has been served and as such that it all they can rely on.
    ii. They haven't complied at all.

    It depends how benovolent the Judge is to them. I suspect they'd choose option 1.
  • chezza2524
    chezza2524 Posts: 37 Forumite
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    I have just spoken to the court and they received their bundle in time, so apparently the bundle I received today is what we have to go with. A bit unfair really, I had to send mine in weeks ago
  • socrates1882
    socrates1882 Posts: 63 Forumite
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    chezza2524 wrote: »
    I have just spoken to the court and they received their bundle in time, so apparently the bundle I received today is what we have to go with. A bit unfair really, I had to send mine in weeks ago


    The order says it has to be served on both you and the court and they haven't complied with that.

    I certainly think it's worth raising with the District Judge at the start of the hearing. Unfortunately court service staff are overworked and underpaid, and they are admin staff rather than have any legal training. As such it may well be that it has been received today rather than yesterday.
  • Goagoer
    Goagoer Posts: 27 Forumite
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    Vauban wrote: »
    Well you could start a claim - it will cost about £80 - and see what defence the airline offers. That bit is relatively easy (instructions in the "Taking the Airlines to Court" thread. It what comes after that gets trickier.

    Can you rule out air traffic control and bad weather? They're probably the two most common problems that a court would likely regard as "extraordinary". Technical or operational reasons are most unlikely to be.

    So your call: call their bluff (if you're up for the fight), or not.


    I've decided to go for it!
    I've submitted a claim through MCOL online - very easy, although nowhere to add an extra claimant so I put that in my statement.
    No air traffic control or weather problems on that day so no idea what Thomson will say about reason for delay.
    Wish me luck - I'm sure I'll be back for more advice as it gets tougher!!
  • richardw
    richardw Posts: 19,458 Forumite
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    Goagoer wrote: »
    ... although nowhere to add an extra claimant so I put that in my statement...

    Oops, that's a well known error, perhaps search and read a bit more to avoid such errors.
    Posts are not advice and must not be relied upon.
  • David_e
    David_e Posts: 1,498 Forumite
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    Goagoer wrote: »
    I've submitted a claim through MCOL online - very easy, although nowhere to add an extra claimant so I put that in my statement.

    This has been discussed before - and it's not clear that you can strictly do that (successfully). Most recently this is Vauban's comment:

    http://forums.moneysavingexpert.com/showpost.php?p=64468000&postcount=243
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