Flight delay and cancellation compensation, Tui/Thomson ONLY

nigelpm

batman44 wrote: »

Well that could mean your in trouble if you have not prepared your bundle. You need to file your court bundle to court and the defendant and skeleton arguement by 2nd December 2014, if you have not already then you need to get cracking on your court case.

I received it through the post today!

Any ideas on how to proceed?

What should the bundle contain?

It's quite simple from a claimant perspective - they owe compensation in guidance with EU law - surely?

nigelpm

Given the time constraint presumably an email with the details would suffice?

Vauban

Two quick points from me:

1) I think the Court may asking for the arguments and authorities (ie the judgements) about the application to lift or maintain the stay rather than the broader bundle for the arguments about the case. So this should be relatively simple.

2) If the stay is lifted, you will need to prepare a much more detailed argument about why you are due compensation. If you think "an email will suffice" you are going to lose your case. I think I included links in my guide to what a typical bundle might comprise - but you can cross that bridge when you come to it.

So, you need to pull together the main argument for why the stay should be lifted anda hearing listed. And you should include the Court of Appeal's Huzar judgement and the decision from the Supreme Court (which I linked to recently). If Thomson were defending on the 2 year point, you'll need to include the Dawson CoA judgement too.

nigelpm

Vauban wrote: »

Two quick points from me:

1) I think the Court may asking for the arguments and authorities (ie the judgements) about the application to lift or maintain the stay rather than the broader bundle for the arguments about the case. So this should be relatively simple.

Correct. Sorry, should have stated that.

Vauban wrote: »

2) If the stay is lifted, you will need to prepare a much more detailed argument about why you are due compensation. If you think "an email will suffice" you are going to lose your case. I think I included links in my guide to what a typical bundle might comprise - but you can cross that bridge when you come to it.

It would be an email due to the time constraints but will indeed contain those judgements you list.

Thanks.

NoviceAngel

nigelpm wrote: »

Finally had a response from the Court regarding my request that they set aside the original stay.

Both parties have been asked by 4pm on 02/12/2014 to file in Court and serve on the other party:

a) A brief summary of its arguments on the application

b) An indexed and paginated bundle of authorities.

What is this all about?

Surely, my case is quite simple and I've already stated this on the original small claims court document?

EDIT - apologies - didn't realise that there was another page overleaf, how have I missed so many posts? That will teach me.....

Well it should be simple, this is the SMALL claims court, while I don't have a definitive answer, I would reiterate what you are claiming for and why.

Then in a court 'bundle' like a book with an index, list your main reasons for your claim and quote the EC261/2004 regs, together with the SC decision. It doesn't have to be a big document. A few pages should suffice, just containing all the correspondence that has gone before and any new information that you may wish to rely on in Court.

I've love to know why some DJ's make it difficult for litigates in person, it's a shame.

dxc_chappie

1st_tee wrote: »

Is there an email address that I can use to send my Claim to Thomson. I will of course send a recorded delivery letter as well.

customer.legal@thomson.co.uk

Angelasashes

anybody any advice on my previous post?
thanks

NoviceAngel

Angelasashes wrote: »

anybody any advice on my previous post?
thanks

Hi Angelasashes,

I did read your post, I'll offer what little advice I can.

I think you will have to be very careful, because it shouldn't really matter if you made a 'typo', however, in law it often does and you could run the risk of getting your case thrown out because of it, I don't know if it's possible to get the name changed at this late stage, but if it can be done, it should be done.

Hopefully someone with more knowledge than me might be able to offer advice.

Cheers

NoviceAngel

NoviceAngel

There's not many Stalwarts on-line at the mo, so done a bit of digging for you.....

Remember, amendments after issuing the claim can be time consuming and may incur additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s). Please note, court staff are not legally trained and therefore cannot tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice. You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly. For organisations, you should make sure you have the full, registered name of the company. Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company. Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.

from the MCOL guidelines, not good news as I suspected. - It doesn't tell you how to make amendments either! Not helpful.

Found the answer for you I think!

Moneyclaims.co.uk wrote:

Yes you can ask the Court for the name of the defendant to be changed.
1. Adjust your original Claim Form

• , cross out the name of the Defendant in red pen and write on the claim form next to it the correct name in red pen and underline in red.
• At the top of the first page of the claim form write in black, underlined in red, "Amended this xx day of xxxxxx 20xx pursuant to CPR 17.1.(2) (b).
• Make 3 copies of the amended Claim Form to send with the application (one to be returned to you, one for the court and one for the Defendant).

2. Complete the N244 Application Notice, with appropriate Court fee

• ask for the Defendant's name to be amended, and
• re-service of the claim form to be dispensed with at it was validly served at the correct address, and
• ask for it ex parte (without a hearing)

1. On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 17.1.(2) (b) an re-service of the Claim Form be dispensed with."
2. On the second page insert:
   • A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.
   • Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.
   • Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 17.1 (2)(b). An amended copy of the Claim Form is included in this application.
   • We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address

Cheers,


NoviceAngel

Angelasashes

Thanks,
I would have assumed that they are indeed TUI so would not have mattered but if they felt it was wrong in the first place can I not just argue that they defended the claim without raising issue and they have also made me an offer surely making it clear that they are indeed the defendant.
I would have thought the fact that they made an offer not stating "without prejudice" so can produce it in court would be enough to convince a judge that they are the defendants.
I sent them my bank details to see if they still wanted to pay me but not responded to any mails since I said I would accept their offer. any further help appreciated