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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • richardw wrote: »
    Wozzatmeanthen?

    Don't quote me but I *think* it means they cannot be used as evidence at a court hearing.

    Some of the more learNED friends on here might clarify.
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    So does it mean 'we took this opportunity to make things up, knowing that it can't be considered by a judge'?
    Posts are not advice and must not be relied upon.
  • richardw wrote: »
    So does it mean 'we took this opportunity to make things up, knowing that it can't be considered by a judge'?

    I have a feeling that is the size of it but I am not wholly sure. Like I say the LearNED friends on here might advise better.
  • Ich wrote: »

    Yes so basically they can mislead customers into thinking they have two years hoping it will filter most claimants away and the die hards like me can't use that misleading information to shame them in front of a judge,

    Very Sly. Another nail in the coffin for me to never use Thomson again. Bunch of shysters.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    I have downloaded the N1 to serve on Thomson via the court. Not going to use the MCOL as you seem limited to the number of words you can use.

    MCOL is easier. There's even a template on here on what you need to submit in your initial application. (Which can be short)
  • Vauban wrote: »
    MCOL is easier. There's even a template on here on what you need to submit in your initial application. (Which can be short)

    I get a reduction in costs for court using form EX160 but can only get this by not using MCOL. For me this will be nothing ventured nothing gained as even if I lose I wont lose much in the way of court fees by using the non MCOL route and an form EX160.

    I have looked for the template in the FAQs at the start of this thread but cannot find it??
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    There's a thread called "Taking the Airlines to Court" - check it out. Some useful links.
  • I originally tried to claim compensation when I finally arrived back in the UK from Cuba after our flight was delayed over 48 hours in 2008 and never got a reply from Thompson. Since this new ruling came out I tried again and have now received a reply telling me that my claim is now too old. They are saying that any international flight over two years ago is not valid! Not sure where to go now??? I tried to ring them and discuss but they were quite rude and not at all helpful.
  • LULU5779
    LULU5779 Posts: 48 Forumite
    So, “without prejudice” means I can’t use the “two year letter” and “QC” in court against them. That’s odd?? So what case will I have if I can’t show or submit their letters.

    The term "without prejudice" is used in the course of negotiations to settle a lawsuit. It indicates that a particular conversation or letter cannot be tendered as evidence in court. It can be considered a form of privilege. This usage flows from the primary meaning: concessions and representations made for purpose of settlement are simply being mooted for that purpose, and are not meant to actually concede those points in litigation.
    Such correspondences must both be made in the course of negotiations and a genuine attempt to settle a dispute between the parties. A prohibition exists on documents marked "without prejudice" being used as a façade to conceal facts or evidence from the court. As a result, documents marked "without prejudice" that do not actually contain any offer of settlement may be used as evidence, should the matter proceed to court. Courts may also decide to exclude from evidence communications not marked "without prejudice" that do contain offers of settlement
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