Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Goagoer wrote: »

Thanks for answering, 111KAB, I'm confused though!
I've read Tom Gunn's comments but can't find any similarity to my case. I'm way behind him. Thomson filed acknowledgement of service on 30th January and since then I've heard nothing. I was going to request judgement today but thought I should check when I saw case had been transferred from Northampton to Liverpool (I live near Newcastle)
You say my case may have been heard yesterday. Can this happen without me knowing anything about it?

This is odd. Normally you start a claim, two weeks later it is acknowledged by the other side, two weeks after that a defence is filed. Then a few weeks later, an allocation questionnaire form is sent out to determine on what track (ie small claims) and where the hearing will be held. Then a few weeks after that, you will get an order from the (new) court with instructions on when the hearing will be held, and when you submit papers by etc.

As 111KAB says, you need to give Liverpool a call and find out what's going on.

Goagoer

Thanks Vauban.
My claim was issued on 27th January and Thomson acknowledged on 30th January so I was sure they would be as prompt with their defence. Their only correspondence with me has been about the 2 year rule. They've never given any reason for the five and three quarter hour delay to our flight. (6 years ago today!!)
Typical that my case is "odd"! I wasn't confident about starting this action and feel a bit daunted by what's to come. However I'll take each step as it comes (no doubt asking for guidance on here)
Is it Liverpool County Court I need to contact?

Vauban

Yes. If it has been transferred to Liverpool, give them a call.

Try not to be too ruffled. Few of us were experienced when we first started this process, and the airlines rely on our natural concern to avoid paying out. Hang in there; lots of help on here.

Goagoer

I've found the telephone number for Liverpool County Court so I'll give them a ring on Monday.
Thanks for your support - very much appreciated.

Suliga

I only recently tried to claim for a 6 hour delay in Sept 2006 from Varna to Manchester, my reply was
"The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago."


Is this correct?
Thanks in advance

legal_magpie

There is an Appeal pending as to whether the limit is 2 years or 6 years but you are too late either way, sorry.
JJ

Suliga

Ah OK thanks, I really had no idea!

statictom

111KAB wrote: »

Means that they may have filed a defence however you should not request judgement. Worth contacting Liverpool CC to see current state and reading Tom Gunn's recent post on here


https://www.facebook.com/MonarchComplaints


He was one of many cases heard yesterday - Monarch (again) failed to appear. Unsure if your case was actually heard yesterday (TG may be aware) however assuming Liverpool is out of your way you should put in a transfer request (back to your local court) stating why you cannot attend.

Had a good look at the cases listed in Liverpool CC on Friday 28th.
Feb. The only airlines I saw being dealt with on the day was Monarch. There were 5 cases listed - first two were defended by barristers from Monarch - mine was 3rd case with no show by anyone nor any defence submitted to court. Monarch had a further two cases listed for management in the afternoon. My case started 45 mins later than expected.

I suspect GOAGOER`s case has been transferred there, like many others for the judges there to start case management. I spoke with someone last week from Stoke who is having same problem - his case is also transferred to Liverpool. I have found court staff at Liverpool are fairly good at helping - so as suggested by others a call may help.

malcolmlowing

cyprus92 wrote: »

I have received a reply to my seeking compensation for a 5hour flight delay last july. What a surprise they say it was a technical defect being detected prior to a previous scheduled flight. They then say this caused a knock on effect to my flight. They also say aircraft is unableto be legally dispatched with this defect. Therefore the cause of this delay sits under extraordinary circumstances, as thetechnical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen. Can I take this further?

What flight were you on?

Camaro3

Suliga wrote: »

I only recently tried to claim for a 6 hour delay in Sept 2006 from Varna to Manchester, my reply was
"The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago."


Is this correct?
Thanks in advance

.
NO (dependant on Thomson v Dawson in May). look in FAQ's it will give you all the advice on 2 (or 6) year Limit.