Flight delay and cancellation compensation, Tui/Thomson ONLY

bigmama1

I seem to remember reading that a Skeleton Argument can be handed in on the day of the court hearing? One copy to the court and one copy to the defendant. Can somebody confirm that this is correct please?

I ask because whilst talking to somebody from the county court today about my appeal (forgot to take her name), I mentioned that I wanted to have an oral hearing which I had previously requested and hadn't taken place. Also that I was unable to present my skeleton argument. I was informed that I could not present a skeleton argument on the day of hearing! I'm sure I've read on the forum that this can be done?

I'm now struggling to decide whether to carry on and pay out more money or give up.

I know I have to get my appeal in within 21 days but is that 21 days of date of the court decision or date of receipt of their decision. There is a difference of 7 days. Court decision was 10th July 2014 although receipt of this was on 17th July 2014. I'm running out of time now. Another question, if I do appeal and the decision goes against me again, do I have to pay the defendants costs? Thanks.

Goonie

Bigmama, sometimes in life you just have to take a step back and give up, and I think this is one of those times. You said yourself you're not well and this whole thing isn't doing you or your family any good, you sound so stressed and frustrated and are no doubt spending most of your time in here or worrying about this compensation. And you are probably neglecting the important things in life! How much do you stand to get back? £1000? £2000? How much time are you spending on getting it back and how much of your families time are you spending stressed and upset about it? I know it's probably not fair but is it really worth it?

Get on with your life and forget about it, it's a cliche but it's only money and you can't take it with you. Besides, if you didn't know about this forum you probably wouldn't even know you might be entitled to it. Let it go

bigmama1

Well last night is going to be the last sleepiness night I will have over this compensation lark!

I have taken the regretful decision not to carry on with an appeal against the judges decision now.

As the kind remarks on here have reminded me, life isn't worth the stress. I will just have to let go of this. Such a shame as my claim was amounting to nearly £3000. All I have now is the loss of court fees of £305 and no doubt a larger phone bill than normally!

I did manage to speak to the underwriters of my home insurance last night. He was absolutely brilliant. He told me that they were the actual underwriters also for the insurance company I had in 2010! He was willing to help but said I it would be out of time before he could get back to me. Shame I didn't get this person last time I spoke to them. He was on the phone with me for over an hour and gave me a lot of advice.

It is so annoying as I have received a lot of help from the forum members and it was always my intention to fight to the bitter end. Now though I realise that the stress might well be MY end!

As a final act I intend to write letters of complaint to the Court Manager over the continual incorrect information handed out to me, with copies of the errors. I think it will a waste of time as they don't even acknowledge letters. Mine will most probably be shredded immediately! I will try to find out who else I can send a copy to as well. Somebody must be responsible for training staff somewhere. Any hints who, will be appreciated!

So goodbye and good luck to everyone with your claims. If I was a lot younger and working it might have been a different story.

nathsam46

mazman777 wrote: »

Hi,


Got a delay coming back from Mexico in 2013 over 7hrs and wrote to Thompsons using the template letters and about 3-4 weeks later received a letter of apology and a cheque for 1200euro's for both of us.


I used the link to show the arrival time of the aircraft and sent them a printout along with my reference number, they didn't argue or ask for any additional documents.


Thanks Moneysavingexpert.com

hello could you direct me to the form you used to write to thomson im in a similar situation we had a 19 hour delay in mexico, we emailed thomson but all we got back was a receipt of the email and no reply after 28 days. thanks

Ducardo

nathsam46 wrote: »

hello could you direct me to the form you used to write to thomson im in a similar situation we had a 19 hour delay in mexico, we emailed thomson but all we got back was a receipt of the email and no reply after 28 days. thanks

You must have been on the same flight back as ourselves and another poster on here, go to the main page for flight delays and there is a template letter to send to them, if it is the same flight (TOM 183 from Cancun last week) they are bang to rights they even gave us a letter more or less admitting it, but telling us to claim on our travel insurance

tracylou

Hi, just joined the forum. You'll find the template letter on this website, search flight delay compensation and follow the link. Good luck with that. My claim for a cancelled flight from Faro to Luton in Sept 2011 was rejected and the reason given was because it was just over the 2 year time limit. I appealed to the CAA in Portugal, no reply after 3 months so sent all the paperwork again. It took them another 3 months to finally reply and they agreed with Thomson about the 2 year time limit. So what use are they?

After reading about a Landmark Ruling that confirmed claims can go back 6 years, I emailed Thomson on June 26th and requested they process my claim again as it was well within this time limit. No reply from them within the 28 days, so have emailed them again today. Judging by the thousands of previous posts on here, I'm not expecting a good outcome. They seem to use every excuse under the sun to avoid paying up. If it wasn't for their customers, they wouldn't have a business.
I'll post again if I hear from them.

gloriatabby

So sorry everything has gone so disastrously for you. I think it is outrageous that you paid for a court hearing but simply didn't get one. I think,in view of your health and stress levels,you have probably made the right decision but I know how hard it is to let things go when you know it is unjust. I feel as if I have been going round angry for nearly four years now just waiting for various court cases to drag on.

I would have thought there ought to be someone else you can complain to as well as the court manager because it did sound quite a mess. I'll let you know if I find anything out.

bigmama1

tracylou wrote: »

Hi, just joined the forum. You'll find the template letter on this website, search flight delay compensation and follow the link. Good luck with that. My claim for a cancelled flight from Faro to Luton in Sept 2011 was rejected and the reason given was because it was just over the 2 year time limit. I appealed to the CAA in Portugal, no reply after 3 months so sent all the paperwork again. It took them another 3 months to finally reply and they agreed with Thomson about the 2 year time limit. So what use are they?

After reading about a Landmark Ruling that confirmed claims can go back 6 years, I emailed Thomson on June 26th and requested they process my claim again as it was well within this time limit. No reply from them within the 28 days, so have emailed them again today. Judging by the thousands of previous posts on here, I'm not expecting a good outcome. They seem to use every excuse under the sun to avoid paying up. If it wasn't for their customers, they wouldn't have a business.
I'll post again if I hear from them.

It's definitely 6 years from date of delay. Just send them the template letter on here called Notice Before Action or NBA as it's called! They will know you mean business and also on here some people have had a cheque sent to them within 3-4 weeks!

Goagoer

bigmama1
I'm so sorry you've been thwarted in this way. I really don't think you've been treated fairly at all. I can't work out why the justice system seems so loaded against the ordinary people like you and me and the guys with their millions of ££££ (Thomson) seem to have the guns loaded in their favour.
I've spoken to admin people in the courts a few times and it seems to be a bit too hit and miss as to who you speak to and how much they know - surely not fair!
I hope you do receive a reply to your complaint but more so I hope you can put all of this behind you and know they are the bad guys. You tried your best but the system seems loaded against us.
Regards and best wishes to you.

Karen23

I sent a letter to Thomson on 27 May 2014 seeking compensation of €600 each for two people and received the three page 'pro-forma' letter. I replied on 24 June and have not yet received a reply. Another post from 'Doncal' shows that some people on this flight are receiving compensation and this must set a precedent. I don't know whether to wait for (hopefully!) a response or send another letter.