Flight delay and cancellation compensation, Tui/Thomson ONLY

David_e

JPears wrote: »

CAA are a bunch of gormless idiots, paid for by the airlines.....?

You might say that, I couldn't possibly comment ....

JPears

David_e wrote: »

You might say that, I couldn't possibly comment ....

Its what I've heard, hearsay of course since CAA never actually replied to my complaint. French equivalent replied 15 months after I first contacted them and 10 months after my court case.....

David_e

JPears wrote: »

Its what I've heard, hearsay of course since CAA never actually replied to my complaint. French equivalent replied 15 months after I first contacted them and 10 months after my court case.....

Ah, you must be too young to remember! I was quoting Francis Urquhart from the splendid House of Cards (the original BBC version!).

http://en.wikipedia.org/wiki/Francis_Urquhart

'Urquhart is characterised by ... his usage of the catchphrase, "You might very well think that; I couldn't possibly comment", or a variation thereon, as a deniable way of agreeing with people.'

JPears

Ah no, I saw the series. Very dark and sinister. Black version of Yes Minister....

emptysuit

As someone who has a stayed case against Thomson i have been watching the Dawson case this weekwith interest. Just curious to know if anyone knows when the decision is likely to be announced. I just assumed it would be made after the case had been heard but clearly not. Thanks

111KAB

emptysuit wrote: »

Just curious to know if anyone knows when the decision is likely to be announced.

https://forums.moneysavingexpert.com/discussion/comment/65541828#Comment_65541828

Bobbieandrupert

percypoppit wrote: »

Ok Ive had my letter at long last and no surprise they don't want to compensate. Here is what it says (I have left out the standard bitas that make the letter lengthy and supposedly to 'scare' me)

I can see that you experienced a flight delay of 5 hours and 5 monutes. The dealy was partly due to a reactionary delay from the previous flight in CUN, caused by water leak. Further to this, before take off, there was an issue with the emergency light battery. A replacement part had to be sourced before departure. The aircraft cannot legally deaprt with any of the sdafety features inoperable. Neither delay was due to poor maintenance or could have been avoided. Both of these would be classed as extraordinary circumstances'.....

Cited Nelson and Lufthansa and C629/10 TUI, Bristihs Airways, Easy Jet v United Kingdom CAA.

'In the case of your flight the cause of dealy was in reaction to a delay to another aircraft caused by "an unexpected flight safety shortcoming" arising midflight.'....but it flows from that conclsuioon that a problem that arises outside of regular maintencance and which is not the result of poor maintenance can't be inherent in the operation of an air carrier and therefore will be extraordinary circumstances.....In the case of fault to the aircraft which delayed your flight the technical problem occurred while the aircraft was in flight. As the defct in question was not something that either ought to have been detected during routine maintenance or which occurred as a result of failure of thomson to implement a satisfactory maintencane scheme or fail top implement that scheme appropraitely the failure in flgiht was entirely unexpected. Therefore, the circumstances are not of a kind which would fall outside of the defination of Extraordinary circumstance and compensation is therefore not payable.'

What di I do now please???

Hi I'm now under bobbie and Rupert but this was my original post. I submitted court papers and rang today as I had not heard anything. They said thomsonhad acknowledged receipt of the claim but they have not submitted any defence. I was advised to complete a N225 form which I gave sent off today. What does this mean if they haven't submitted any defence?

legal_magpie

If they didn't file a defence in time, the Court will enter judgment in default. But before you get your hopes up, it is highly likely that Thomson HAVE filed their defence but that the Court staff haven't processed it yet because of a backlog of work. They have to deal with correspondence in the order it was received so you may be disappointed when they reject your application for judgment because a defence had been filed after all.
JJ

Bobbieandrupert

Ah ok it did seem a bit hopeful! Thank you.

JPears

And even if you do get judement by default, they can still apply to setaside...