Flight delay and cancellation compensation, Tui/Thomson ONLY

bigstevex

Yup, I'm watching the dawson case more tbh. I've done half the work already, sending out the NBA etc just struggling to find the time to put effort into a case to put into MCOL

I wouldn't mind if they told me it's too close, but the fact they are giving poor legal advice/incorrect information doesn't seem right at all in my opinion

Vauban

bigstevex wrote: »

Yup, I'm watching the dawson case more tbh. I've done half the work already, sending out the NBA etc just struggling to find the time to put effort into a case to put into MCOL

MCOL takes no time to do, really - especially if you use the template on the first page of the "Taking the Airlines to Court" thread. The hard work comes a few months later when you start to assemble your bundle ...

scorpiouk

received a letter today saying they are going to ask the court to stay my claim pending the Hazar case. (no technical issue can be extraordinary. )

I'm my case they are blaming a 3rd party and as a result no flight could check in.. However I have shown that many flights did...

How do I ask the court to consider the case? eg there was no EC, it was a mistake by the airline..

(unless they are changing their defense?0

thanks

bigstevex

So as long as I do the MCOL part before july the 18th I'll be ok? Obviously wouldn't leave it that late but I'll do it on the 1st July if the dawson case isn't resolved by then I guess

111KAB

bigstevex wrote: »

So as long as I do the MCOL part before july the 18th I'll be ok? Obviously wouldn't leave it that late but I'll do it on the 1st July if the dawson case isn't resolved by then I guess

Be careful as I just helped someone in a similar circumstance to mine other than the fact they were, like you, close to the deadline. I used the same wording (name changes etc apart) as my claim and obviously the wording I used was not satisfactory to a different clerk to the one I had. Accordingly the application was rejected and the fee returned to the person I was 'helping'. We still had just enough time to resubmit but I would suggest leaving at least a month before your deadline.

bigstevex

That's a bit annoying, what's ok for one court should be the same for another really. I'll do it tomorrow instead! I go away for 2 weeks next friday aswell. Am I likely to have anything posted to me or can it all be done online with MCOL? I've done couty court directly before but not through MCOL?

111KAB

bigstevex wrote: »

That's a bit annoying, what's ok for one court should be the same for another really. I'll do it tomorrow instead! I go away for 2 weeks next friday aswell. Am I likely to have anything posted to me or can it all be done online with MCOL? I've done couty court directly before but not through MCOL?

With MCOL it is all on-line however there has been much discussion on these pages and indeed differing stories with regard to the applicant. Once MCOL is registered (Northampton Court) 'paperwork' is sent out to you and the defendant and eventually if the matter proceeds it will generally be allocated to your local court.


If you view the MCOL form on line you will see the heading says Applicant whereas the N1 form heading says Applicant(s). Some courts look at this strictly, others (within reason depending upon the number of applicants do not .... the general advise being that if you are on your own then MCOL will be fine however if not give consideration to using N1.


The recent N1 I submitted had to be sent to Salford Court whereas the applicant actually lived near Blackpool (Blackpool court was only 4 miles away) so it leads me to believe some Courts use a central collection/listing point.


All slightly complicated (and differing 'stories') as I did mine MCOL (2 of us) but did mine as an 'Organisation' and never had a problem.

razorsedge

MadeInHeaven wrote: »

However in the letter from the CAA it states (and I quote);
The information provided by Thomson Airways relating to this flight consists of information provided to th CAA by the airline under part 8 of the Enterprise act 2002, in order to investigate disruption to this flight. Depending on the evidence recieved and the outcome of the case, it could have led to enforcement action against the business under parts 8 of the Enterprise Act. As this information was obtained as part of the CAA's statutory functions under part 8 of the Enterprise Act, it is treated as 'specified information' for the purpose of part 9 of that act. Under section 237(2) of the act, such information cannot lawfully be disclosed without consent unless certain prescribed conditions are met".

Essentially, the CAA are saying that the information you requested under FOI is subject to an exemption (in their opinion). They are not going to tell you what went on between them and Thomson unless Thomson let them (which they won't).

YET ANOTHER REASON NOT TO INVOLVE THE CAA.

gloriatabby

I've got a directions/ allocation hearing coming up on Tuesday (not sure why because they already allocated it to small claims track). Thomson tried to contact me over a week ago and I only phoned them back today. They said the court wanted to do a telephone hearing and they just wanted to know what number to use. I said the court hadn't contacted me about this and they said the court had only decided yesterday - so how come Thomson were trying to contact me about it over a week ago????? Sounds like it was Thomson's request not the court's.

Has anyone else had a hearing by telephone? I can't find any mention of one on this thread. Is it usual to have a directions/allocation hearing before the hearing proper?

MadeInHeaven

razorsedge wrote: »

Essentially, the CAA are saying that the information you requested under FOI is subject to an exemption (in their opinion). They are not going to tell you what went on between them and Thomson unless Thomson let them (which they won't).

YET ANOTHER REASON NOT TO INVOLVE THE CAA.

Thanks for making some sense out of it.