Flight delay and cancellation compensation, Tui/Thomson ONLY

batman44

Vauban wrote: »

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.

Also on the other hand so to say, if the CAA have written to the airline asking them to review the case you can use this against them in court! You will need this in writing though or an email from the airline saying the CAA have asked us, blah, blah, blah.

thetoothdoc1

Hi , we were caught up in the fiasco on Xmas day , with the bad weather and power outage at Gatwick North terminal , but it was our return flight home from Cancun to Gatwick on TOM049 that was delayed . Our return flight was delayed by 44 hours , the incoming flight from London was delayed by 24 hours but Thomson failed to ensure that a replacement crew was available and the flight crew ( we were told the pilot ) ran out of flight time and consequently the return flight was delayed by an additional 20 hours because of this .
Thomson has cited the weather and " extraordinary circumstances" as the reason why they are not liable for the flight delay compensation but have not yet replied to comments regarding the scheduling of their flight crews . Is it worth continuing the claim ?

Vauban

thetoothdoc1 wrote: »

Hi , we were caught up in the fiasco on Xmas day , with the bad weather and power outage at Gatwick North terminal , but it was our return flight home from Cancun to Gatwick on TOM049 that was delayed . Our return flight was delayed by 44 hours , the incoming flight from London was delayed by 24 hours but Thomson failed to ensure that a replacement crew was available and the flight crew ( we were told the pilot ) ran out of flight time and consequently the return flight was delayed by an additional 20 hours because of this .
Thomson has cited the weather and " extraordinary circumstances" as the reason why they are not liable for the flight delay compensation but have not yet replied to comments regarding the scheduling of their flight crews . Is it worth continuing the claim ?

I would say so. The cause of the delay may have been extraordinary, but - with such a long delay - I cannot see how they meet the second leg of the "Wallentin test".

Thirdwatch1965

Thomson flight 169 from sanford to manchester 03/07/2012 5 hour flight delay. Contacted Thomsons last year who rejected my claim due to exceptional circumstances which they described as a technical issue in flight. Contacted CAA who refered my complaint back to thomson on 23/09/2013. Nothing heard so wrote back to thomsons 2 weeks ago and got reply yesterday now saying plane grounded due to tech issue with integrated drive generator. Phoned thomsons yesterday and spoke with a guy from complaints who more or less said" tough" to my claim even after i informed him other passengers on same flight have been paid out,shocking treatment.Phoned CAA today who still have my complaint running but requested me to send them the further correspondance.Mentioned small claims court to both Thomsons and the CAA who both stated its up to me.
Downloaded forms for court so here goes. Looking forward to it,as a police officer i will be more than ready for them. If anyone can forward any advice or anything really to help my case then thankyou.
Watch this space

David_e

Thirdwatch1965 wrote: »

If anyone can forward any advice or anything really to help my case

All the advice you need is in the FAQs so I would just crack on with your claim.

chezza2524

Hi All,

I am in court o Monday and was just wondering what I should expect to happen. I have never been to court before and I am a bit nervous.

laticsforlife

chezza2524 wrote: »

Hi All,

I am in court o Monday and was just wondering what I should expect to happen. I have never been to court before and I am a bit nervous.

its not that bad, not Rumpole of the Bailey, more like a big office with desks.

Their Barrister has a dual role; he represents his client but he also has a responsibility to the Court to help you if need be in the procedural things so expect them to be quite nice and helpful.

I'd expect them toask for a stay until May so you may not be doing much arguing your case.

chezza2524

Can I only use what I sent in my bundle? what if Thomson have something in their bundle that makes my point? Can I use that to argue with them?

Sorry for all the questions

Vauban

chezza2524 wrote: »

Can I only use what I sent in my bundle? what if Thomson have something in their bundle that makes my point? Can I use that to argue with them?

Sorry for all the questions

Yes - you absolutely can! Any document that has been submitted to the court is fair game.

Do you have the basics of your argument written down (sometimes called a skeleton argument). Both sides can hand this to the judge on the day. But it also doubles up as a useful speaking note when you are asked to set out your claim.

Will the airline be bringing witnesses? If you have questions of the witness statement(s) you can ask the judge (especially if he stays the case) to order the witnesses to attend. In my case, this seemed quite effective (*judgement still pending).

chezza2524

Vauban wrote: »

Yes - you absolutely can! Any document that has been submitted to the court is fair game.

Do you have the basics of your argument written down (sometimes called a skeleton argument). Both sides can hand this to the judge on the day. But it also doubles up as a useful speaking note when you are asked to set out your claim.

Will the airline be bringing witnesses? If you have questions of the witness statement(s) you can ask the judge (especially if he stays the case) to order the witnesses to attend. In my case, this seemed quite effective (*judgement still pending).

I am in the middle of writing my skeleton argument now, is there anything in particular I have to write?

I don't know if they are bringing witnesses, there are two witness statements in the bundle? Although one has not been signed