Flight delay and cancellation compensation, Tui/Thomson ONLY

CobyBenson

Once the Court has received the Directions Questionnaires from you and the airline they will set 'directions', i.e. a timetable to see your case through to conclusion.

Most of the time the court will direct that the parties exchange documents 14 days before the hearing.

mr.d_4

Centipede100 wrote: »

Sometime in May 2014

Cheers mate :beer:

mr.d_4

Centipede100 wrote: »

Sometime in May 2014

Hi Centipede,

Once you've waited 14 days does your claim need to be lodged with the MCOL or do you have to write to the CAA?

kind regards

Mr. D

Vauban

mr.d wrote: »

Hi Centipede,

Once you've waited 14 days does your claim need to be lodged with the MCOL or do you have to write to the CAA?

kind regards

Mr. D

If you have sent a Notice Before Action letter giving 14 days notice, you are free to start a claim and are not obliged to write to the CAA. (Equally, you're not obliged to start legal proceedings either - but then why write the NBA?)

allanlr

Hi all, Just had a phone call from Thomson agreeing to finally pay my claim. I claimed for delay Oct 2012 of 22hrs from Man to Cuba. Initially they rejected first claim, referred to CAA who returned it to Thomson. Now they have agreed to pay £3958 compensation £494 each x 8. Moral - Never give up

Voyager2002

lintone wrote: »

we are still waiting for a reply to our emailed complaint but have only received an electronic reply to date. We are awaiting a cheque for £150 compensation which is supposed to be in the post winging its way to us but thisdoes not cover the cost of the clothes we had to buy on xmas day to last us until our luggage appeared. We are expecting a long battle to get the correct compensation we are due as we are well out of pocket. If BA COULD fly out of north terminal with luggage on board then why not Thomson.?

The cost of replacement clothes is likely to be something for insurance rather than an airline. Some airlines (eg Air France) do pay this, but I think that is a matter of customer relations rather than complying with the law. Replacement clothes once you have arrived could hardly be described as "care" during a delay, so your only right to payment for this would be as compensation for a delay that was the airline's fault. Since the problems at Gatwick were spectacular and well-known, it is unlikely that you could convince a court that it was not a case of 'extraordinary circumstances'.

Cubatony2002

Whilst waiting for the outcome of the Huzar appeal what is there to lose by contacting the CAA and attempting to get things sorted using that line of attack? (Obviously, there is the time to fill in the forms)

111KAB

Cubatony2002 wrote: »

Whilst waiting for the outcome of the Huzar appeal what is there to lose by contacting the CAA and attempting to get things sorted using that line of attack? (Obviously, there is the time to fill in the forms)

If CAA agree with your 'position' the airline can still turn down your claim as CAA have no jurisdiction over UK courts. The CAA are likely to side with the airline (after all the airlines pay their wages) in which case then the airline will use the CAA letter in court and possibly convince the judge they are correct ...."after all the Civil Aviation Authority agreed with us that payment should not be made".

David_e

Cubatony2002 wrote: »

Whilst waiting for the outcome of the Huzar appeal what is there to lose by contacting the CAA and attempting to get things sorted using that line of attack? (Obviously, there is the time to fill in the forms)

Tony,

These are the CAA's thoughts:

http://forums.moneysavingexpert.com/showpost.php?p=64443166&postcount=7583

I wouldn't take huge comfort from the statement:

"The CAA does not have the same powers as an ombudsman, and we cannot issue a binding decision on airlines."

I believe 111KAB is right so I personally wouldn't bother.

Vauban

111KAB wrote: »

If CAA agree with your 'position' the airline can still turn down your claim as CAA have no jurisdiction over UK courts. The CAA are likely to side with the airline (after all the airlines pay their wages) in which case then the airline will use the CAA letter in court and possibly convince the judge they are correct ...."after all the Civil Aviation Authority agreed with us that payment should not be made".

In the article I recently published on it, it said the CAA themselves only agreed with the passenger 40% of the time. Those aren't great odds - and, as 111KAB says, you risk hobbling your case when you have to take it to court.