Flight delay and cancellation compensation, Tui/Thomson ONLY

ashymcfc

TonyH2014 wrote: »

I'm kind of where you are at the moment - no response so sending an NBA. I've used Vauban's template (we can always use Dawson and Huzar later if they argue the toss) and sent to the original address as well as also by email. Good luck, keep us all updated!

ye sure ill keep updating as and when theres any communication.

has anyone just rung them and asked them to reconsider or are they still playing hard ball over it?

Jerry2014

My case was stayed on 8th October pending Huzar.

I wrote to my local Court, dated 3rd November, asking for the stay to be lifted citing the Supreme Court decision.

Today I heard from the Court as follows:

General Form of Judgement or Order (dated 29th November)

Upon reading a letter from the 1st Claimant

IT IS ORDERED THAT

Transfer to County Court Liverpool as requested.

(The next page - headed Notice of Transfer of Proceedings, also dated 29th November)

To all parties

As a result of an order made on 24th November this claim has been transferred to the County Court at Liverpool.

1.As Liverpool is 200 miles from home I certainly didn't ask for the transfer.
2. I don't know what order was made on 24th November.
3. I tried phoning the court, but they didn't answer for over 30 minutes.

I've read many of the MCOL cases have been transferred to Liverpool, but I didn't use MCOL as there are 2 claimants.

My question:
Should I wait and see what happens next, or should I do something?

NoviceAngel

Jerry2014 wrote: »

IT IS ORDERED THAT

Transfer to County Court Liverpool as requested.

(The next page - headed Notice of Transfer of Proceedings, also dated 29th November)

To all parties

As a result of an order made on 24th November this claim has been transferred to the County Court at Liverpool.

Hi Jerry,

Nothing to worry about - this news is just hitting the forum today, look in the Jet2 thread, last couple of pages m8

Jerry2014

NoviceAngel wrote: »

Hi Jerry,

Nothing to worry about - this news is just hitting the forum today, look in the Jet2 thread, last couple of pages m8

Thanks for the pointer. I appreciate it. I do think the courts are failing us LiPs (Litigant in Person) the small claims track is intended to be straightforward and not require lawyers. I don't think the orders I received today are in any way clear.

I also am concerned that District Judges in Liverpool will make decisions about exchange rates, interest rates and other matters without even hearing from the claimant.

I do agree that claimants on the same flight should receive the same treatment if the court system can achieve that, although I suspect it won't.

The District Judge at my hearing was fully familiar with the airlines application to the Supreme Court and I would have been perfectly happy to go back before my local DJ for the hearing now the Supreme Court has ruled, in fact I was looking forward to it now they have no defence.

NoviceAngel

Jerry2014 wrote: »

Thanks for the pointer. I appreciate it. I do think the courts are failing us LiPs (Litigant in Person) the small claims track is intended to be straightforward and not require lawyers. I don't think the orders I received today are in any way clear.

Agreed, this is one thing that niggles me, I've long pointed out that this is the Small Claims Court, a LiP should not need to understand legal proceedings or the inner workings of the legal system in any real depth. This process isn't straight forward, but it should be for Joe Public to take on the Goliath of the airlines.

Jerry2014 wrote: »

I also am concerned that District Judges in Liverpool will make decisions about exchange rates, interest rates and other matters without even hearing from the claimant.

Yes, possibly so but at least any decision taken would be fair to all passengers on the same flight.

Jerry2014 wrote: »

I do agree that claimants on the same flight should receive the same treatment if the court system can achieve that, although I suspect it won't.

The District Judge at my hearing was fully familiar with the airlines application to the Supreme Court and I would have been perfectly happy to go back before my local DJ for the hearing now the Supreme Court has ruled, in fact I was looking forward to it now they have no defence.

If they have no defence, then why waste the Courts time, I can tell you'd like your day in Court, we all would, perhaps the sensible thing is for Thomson to pay up, I really don't know how likely that is ?

Kew73

My case was transferred to Liverpool CC and I've been v happy with the way its been handled - after emailing them, my stay was lifted and Thomson given a deadline to say why their defence should not be struck out on the basis there are no reasonable grounds to defend the claim (2yrs and tech).

Thomson responded the next day and a settlement has been reached, although I cannot disclose any part of this agreement to any 3rd party. Now waiting for the cheque

From what I've gleaned, Liverpool seems to be a centre of expertise for these cases including an 'Airline Judge' - seems a sensible approach to me.

gloriatabby

I agree that things aren't made easy at all for litigants in person. It sounds as if the odd court can be quite helpful but lots aren't. When I got the notification to send in my Reply to the Defence I phoned the court to ask what was required and got the reply "Whatever you like". I asked whether I needed to send in documentation of relevant case law etc and was told "if you intend to rely on it in court" so I went beserk getting my whole bundle together in the few days given. This was all about 9 months ago before there was even a directions and allocation hearing and I still haven't got a date for a hearing (first available date after mid -Feb they say now). There isn't much advice available and the courts mess people about as regards hearings (eg suddenly deciding on the day to do it on paperwork).
Thomson are now saying they are sending a payment but are not answering my queries as to how much so hoping it is for the full amount. I quite wanted to go to court just to have a chance to recount our truly appalling treatment during an 18 hour delay and to see if there was a possibility of getting compensation for the failure of duty of care.

JPears

Unfortunately gloria, the court/judge probably won't be interested in anything other thn your actual claim.

JPears

Kew73 wrote: »

My case was transferred to Liverpool CC and I've been v happy with the way its been handled - after emailing them, my stay was lifted and Thomson given a deadline to say why their defence should not be struck out on the basis there are no reasonable grounds to defend the claim (2yrs and tech).

Thomson responded the next day and a settlement has been reached, although I cannot disclose any part of this agreement to any 3rd party. Now waiting for the cheque

From what I've gleaned, Liverpool seems to be a centre of expertise for these cases including an 'Airline Judge' - seems a sensible approach to me.

Thats all well and good (but why can't local court do that?)
What happens if judge decides there is a reasonable defence or airline decides to defend after being "invited" to withdraw? That could be potentially hundreds/thousands of cases with hearings (esp J2) that will be very inconvenient for LiP.

Goagoer

Like Kew73 I received an Order from the court giving Thomson a deadline to state why their defence should not be struck out on the basis there are no reasonable grounds to defend the claim (2 year "rule" was their only defence)
I've now received a letter stating the claim has again been stayed until 25th January "to enable the parties to attempt settlement" I rang court and was told Thomson had applied for the stay but I have not heard anything from Thomson.
Does this sound like Thomson are going to pay up?
Should I contact Thomson to try and move things along a bit more quickly?