Flight delay and cancellation compensation, Tui/Thomson ONLY

Mopsymoo

I was on a delayed flight from Palma with Thomson airline in June 2012. Thomson have refused to pay I have now taken this to the small claims court (awaiting decision). Thomson want proof that I checked in i.e with boarding passes, which I don't have. Does anyone know how I can confirm I checked in on this flight? Many thanks

bigmama1

Just received today notification that our claim has been allocated to the small claims track. A hearing fee of £170.00 is payable by 26th June 2014. Witness statements, documents and and written representations to them by 27th June 2014.

We are slightly concerned to read that the matter will be considered in paperwork without a hearing on 10th July 2014. The parties attendance is not required. If either party wants an oral hearing, that party must file and serve a written request within 7 days of receiving this order.

Why do we have to pay a £170.00 hearing fee if there is not going to be a hearing? If our case is only going to be judged on paperwork alone this is a bit disconcerting. We are OAP's and obviously inexperienced, although have had lots of help from this forum. We feel the defendant's documents will be more professionally submitted by their legal department.

We have also been informed that our case is suitable for mediation. We have to contact them with 7 days from date of the order, 2nd May 2014. (Received today 13th May 2014)!

Then it goes on to say that unless either party informs the court in writing by no later that 9th May 2014 that they do not wish to engage in or proceed with mediation, the claim will be stayed until 30th May 2014 to enable mediation to proceed!

Obviously as we have only received our Notice of Allocation today, 13th May 2014, our minds are getting very confused now! They have given a telephone number and an e-mail address and we think it might be advisable to e-mail them pointing out that we have only received this information today. At least we will have proof in writing and not a telephone conversation.

We hope we are doing the correct thing after all this time.

razorsedge

Mopsymoo wrote: »

I was on a delayed flight from Palma with Thomson airline in June 2012. Thomson have refused to pay I have now taken this to the small claims court (awaiting decision). Thomson want proof that I checked in i.e with boarding passes, which I don't have. Does anyone know how I can confirm I checked in on this flight? Many thanks

If you have already started court action then you do not have to prove anything to Thomson. However, you will need to show to the court that 'on the ballance of probabilities' you were on the flight as you have claimed in your court submission.

Do you have any of these?

Booking References
Ticket Stubs
Emails/Printouts from Thomson with flight/holiday details
Luggage Labels
Credit Card/Bank Statements/Receipts statements showing you paid for the flight/holiday
CC/BS/R showing you bought something while abroad or at the airport
CC/BS/R showing you bought something on the flight (a belter that one, well worth buying something in flight on a card if you want proof!)
Photos taken while abroad/at the airport
Details of transport taken to/from the airport
A neighbour (willing to sign a statement) who looked after your house/cat/dog/tarantula while you were away

You can also try an SAR but that might not yield you a passenger listing. Some SAR info here:
https://forums.moneysavingexpert.com/discussion/comment/64424891#Comment_64424891

Finaly, regardless of the merits of proving a negative (which have been debated a few times on this forum), I think it is always worth putting in your bundle to the court that Thomson should produce the passenger list for the flight if they want to show that you were not on it.

JPears

Hi bigmama, others will be along soon but for starters:
Is it the full court hearing or a directions type hearing?
Are defendants submitting/relying on any witnes statements? If so then an oral hearing is almost certainly required as you may wish to cross examine them.

razorsedge

bigmama1 wrote: »

We have also been informed that our case is suitable for mediation. We have to contact them with 7 days from date of the order, 2nd May 2014. (Received today 13th May 2014)!

Then it goes on to say that unless either party informs the court in writing by no later that 9th May 2014 that they do not wish to engage in or proceed with mediation, the claim will be stayed until 30th May 2014 to enable mediation to proceed!

From that wording it looks like the Court will assume that you do want to mediate unless you tell the court otherwise. Despite the tardiness of the arrival of your allocation order, for the cost of a couple of stamps it might be worth your while writing to the Court (copy to Thomson) agreeing to mediation. Is there another form with your allocation notice? I received a form asking if I agreed to Court appointed mediation and to list dates when I would not be available to take a phone call from the mediator.

razorsedge

bigmama1 wrote: »

We feel the defendant's documents will be more professionally submitted by their legal department.

Contender for oxymoron of the day!:rotfl:;)

https://forums.moneysavingexpert.com/discussion/comment/64086737#Comment_64086737

Vauban

bigmama1 wrote: »

We are slightly concerned to read that the matter will be considered in paperwork without a hearing on 10th July 2014. The parties attendance is not required. If either party wants an oral hearing, that party must file and serve a written request within 7 days of receiving this order.

Do not fret, bigmama. I really don't think there is anything to be worried about here.

Others will have a view, but mine is that it is most likely that the judge has ordered that there should be an oral hearing because he thinks that the facts of the incident are not in dispute, and what is contested is the interpretation of the law.

I understand why you might be concerned about relying on paperwork alone. But in truth you need to have a good bundle and argument - whether there is a hearing or not. And there are plenty of people on here who can help you with that.

Personally, I agree strongly with JP: you should ask for an actual hearing because you anticipate that you will have specific questions to ask of their witnesses about the reasons for your delay, and what measures the airline took to minimise the inconvenience. Airlines do not welcome this, and being obliged to stump up their witness may well make them more inclined to settle.

As a side point, don't worry about mediation. It doesn't affect the main timetable. And you should agree to it, to show you have attempted to settle out of court.

The only jokers in the pack are the Dawson and Huzar judgments. Both will affect your case considerable (the first - being heard today - is about the 2 year point, the second is about technical difficulties being not extraordinary). I don't know though when we will get the results ... could be before your "hearing" in mid July?

bigmama1

JPears wrote: »

Hi bigmama, others will be along soon but for starters:
Is it the full court hearing or a directions type hearing?
Are defendants submitting/relying on any witnes statements? If so then an oral hearing is almost certainly required as you may wish to cross examine them.

It only says "the parties shall file their witness statements, documents and make written representations to the court setting out the basis of their respective Claim and Defence by 4pm on 27 June 2014. Within 7 days hereafter, each party may file and serve comments on the other's evidence and submissions. If either party wants an oral hearing, that party must file and serve a written request within 7 days of receiving this order.

The matter will be considered in paperwork without a hearing on 10 July 2014. Th parties' attendance is not required and the Judge will determine the matter based upon the documents and evidence supplied and any written representations received. Once your case has been decide on paper, you will not be allowed to apply to vary or set aside the Order made subject to any right of appeal".

I've also now sent a request for mediation to be undertaken.

JPears

Possibly you could let us have a look at the defence statement when you receive it? Those with a degree of experience may be better placed to advsie if you should go for oral hearing then.

bigmama1

razorsedge wrote: »

From that wording it looks like the Court will assume that you do want to mediate unless you tell the court otherwise. Despite the tardiness of the arrival of your allocation order, for the cost of a couple of stamps it might be worth your while writing to the Court (copy to Thomson) agreeing to mediation. Is there another form with your allocation notice? I received a form asking if I agreed to Court appointed mediation and to list dates when I would not be available to take a phone call from the mediator.

Thanks. Will do. There was no form to list dates available to take a phone call from the mediator.