Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

stevew48 wrote: »

Hi,

Thomson requested a stay to my court case based on the Dawson appeal and this was granted until the 31st May. However, the judge did state that on or before the 17th May one of the following steps must be taken:

either - the claimant must notify the court that the whole claim has been settled (which it hasn't).

or - the claimant or defendent must write to the court requesting a further extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert or other person helping with the process. THe letter should confirm the agreement of all parties.

or - all of the parties must file a directions questionnaire at the court. Where a settlement of some of the issues dispute have been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

Well none of the above to my knowledge has happended and to date I have received no correspondence from Thomson requesting a further stay.

What happens now ? I know that the Dawson appeal has been heard but judgement deferred put what if Thomson do't request a further stay ? Will the case be struck out and I win by default ? do I need to take any action ?

Any guidance gratefully received.

Regards

Stevew48

Er. You are the Claimant so you should have written to the Court telling them what was going on.

terriandaaron

well I got a reply from Thomson today saying there standing by EU REGS and there defence of lightening strike, (even thought it was 3 days prior to our flight)


how likely is the fact it was a flight 3 days before going to impact our claim, I feel this was more than enough time for them to have sorted out something for our flight, or infact given the fact that they knew to have notified us to have saved sitting around for hours waiting.


Is it worth us perusing this...? how will they feel about the lightening strike and delay in court.....do anyone of you think 3 days later is an acceptable delay still in this circumstance?


I already have to address the issue of the downgrade though the courts as they didn't refund the 70% that they were meant to and only a % of the premium fee (not even as much as was originally paid)

David_e

terriandaaron wrote: »

well I got a reply from Thomson today saying there standing by EU REGS and there defence of lightening strike, (even thought it was 3 days prior to our flight)

If that is the full extent of their defence, I can't see that they have a leg to stand on.

Vauban

David_e wrote: »

If that is the full extent of their defence, I can't see that they have a leg to stand on.

Me neither. It's absurd. Indeed I bet that they won't let it go to court.

terriandaaron

yes that's it


they put this


After receiving you most recent correspondence I have again reviewed out internal flight reports and can confirm that our decision remains the same, The root cause of the delay was due to your aircraft suffering damage from a lightening strike, this means it was unable to operate until all the necessary repairs were completed, as the fault was not the result of being poorly maintained and could not have been predicted it is therefore classed as EC.
Whilst I appreciate your request for further information regarding your delay, this is not something we are obliged to provide.






what do you think, ? the information I asked for in writing is what I already know and that was the date of the lightening strike, which was 3 days before, they were giving out the same letter to the previous days flight too.


They haven't even addressed the downgrade fee which was due in 7 days and still not paid at the right amount more than 28 days later.

stevew48

legal_magpie wrote: »

Er. You are the Claimant so you should have written to the Court telling them what was going on.

Legal magpie

Thanks. I know its no excuse but I have been busy preparing for my court case with easyjet next week. I have now contacted the court and explained that I have received no payment or contact from easyjet including them asking for a further stay (it has been easyjet that requested the two previous stays). Therefore, should I have requested a stay based on the outcome of the Dawson appeal ?

If Thomson have also not complied and no further stay is requested by them what is likely to happen next ?

stevew48

legal_magpie

stevew48 wrote: »

Legal magpie
If Thomson have also not complied and no further stay is requested by them what is likely to happen next ?
stevew48

Hopefully, nothing pending the outcome of the appeal

David_e

terriandaaron wrote: »

what do you think, ? the information I asked for in writing is what I already know and that was the date of the lightening strike, which was 3 days before, they were giving out the same letter to the previous days flight too.

They haven't even addressed the downgrade fee which was due in 7 days and still not paid at the right amount more than 28 days later.

If you haven't already, send them an NBA and crack on with your legal action. If you are approaching two years since the delay, I would start legal action before the two years is up just in case the unthinkable happens in the Dawson case.

As far as I am aware, you can include your downgrade reclaim as part of the same claim as the delay compensation.

twitchell

Had a flight delay with Thomson airlines from Punta Cana to Manchester in June 2009 for over 15 hours. They have said that this was due to a knock-on effect of a technical fault from another airplane. Any comments to help??

razorsedge

twitchell wrote: »

Any comments to help??

Have a look at the FAQ's on page one of this thread, there is plenty of good info there.