Flight delay and cancellation compensation, Tui/Thomson ONLY

David_e

ashymcfc wrote: »

what do you think the delay would be classed as?

If they decided to delay you in order to use the aircraft for an alterntive route, I can't see that being a valid excuse to avoid paying compensation.

ashymcfc

thank you for the reply's. that has given me more hope of clamming of them. no doubt they will try and wriggle out of it somehow though.

from peoples experience is it best to email or send a letter?

ashymcfc

Goagoer

On 15th April I received a copy of a court order telling Thomson to notify the court of any witnesses they were going to call and whether there were any other claims in relation to our flight. This had to be done by 6th May. I heard nothing more and was unsure what would happen next. Thomson's only defence in our claim is their '2 year rule' so I was eagerly awaiting the Dawson case result.
I realised the result could take some time so I rang Liverpool court yesterday and was told that I could request judgement because Thomson had failed to comply with the order.
I've done that immediately - scanned and emailed the form (N227)
I know Thomson have had things to think about recently (Dawson!) but I'm astonished they've let this happen. The order asked for such basic information.
Of course I'm now expecting them to supply the information requested and for it to be accepted by the court, even though it's now a month overdue.
Any thoughts?

JPears

They can seek set aside even if you get judgement by default, but apparently this is more difficult than it used to be.
If Thomson hve been busy/otherwise occupied, its of their own doing, not your problem.
Getting payment after judgment will be the next hurdle...

legal_magpie

JPears wrote: »

Getting payment after judgment will be the next hurdle...

No problem. If your judgment is for more than £600, just get the sheriff's officers to seize a aircraft.
Now I wonder if THAT would be treated as an EC!
JJ

JPears

legal_magpie wrote: »

No problem. If your judgment is for more than £600, just get the sheriff's officers to seize a aircraft.
Now I wonder if THAT would be treated as an EC!
JJ

Of course not but the airlines would swear it was contained in the "useless" NEB wishlist... :rotfl:

Goagoer

legal_magpie wrote: »

No problem. If your judgment is for more than £600, just get the sheriff's officers to seize a aircraft.
Now I wonder if THAT would be treated as an EC!
JJ

Well that made me smile - anyone tried this? Haha!!



Any idea how long judgement could take?

stevew48

stevew48 wrote: »

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

I contacted the court and was told that the stay on my case would expire on the 31st May. Therefore, I should comply with the order forthwith and submit a Form N180 Directions Questionnaire, Part C on the order. 'The parties must file a completed directions questionnaire at the court'.

I did as required by the court and submitted the required paperwork on the 29th May. I contacted the court today and Thomson have not filed anything with the court. Therefore, can I ask for the case to be settled on the basis that Thomson have not complied with the court order by the end of the stayed period.

Stevew48

StaffsSW

Callmac wrote: »

We were also on TOM195 to Manchester I filled in the template letter and received a reply with £200 for my wife and myself. This was promptly returned and another letter explanning why we werent allowed compensation as it was a third party and falls into EC I'm writing back quoting the list of circumstances which are NOT extraordinary, making reference to point number 34 ABSENCE OF FLIGHT DOCUMENTATION - Where the failure to prepare and submit the documentation necessary to operate the flight was due to factors within the air carriers control. Also pointing out they should have a contingency in place for equipment failures, like other companies have. What is NBA as metinoed in previous forums

As an update to these November 2nd flights TOM195 to Manchester & TOM062 to Gatwick that were held up due to API data not being transferred, the CAA reviewed our case, along with a number of other people who were on the same flights, and decreed that it was an extraordinary circumstance.


I still had the original £200 goodwill cheques, so took a punt and banked them - and they cleared.


Logically, I can't understand how this wasn't a foreseeable and preventable problem, but I've got more pressing issues than chase for a bit of compo, when I got an extra nights holiday in Mexico, and £200.

111KAB

StaffsSW wrote: »

.... but I've got more pressing issues than chase for a bit of compo.

You should see if a NWNF will take on for you ....75% or thereabouts is better than zero - takes none of your time but may give you some holiday spending money.