Flight delay and cancellation compensation, Tui/Thomson ONLY

Nicktee55_2

razorsedge wrote: »

You are correct. Birdstrikes are not EC's.

PS Was it your flight that had a birdstrike?;)

We were told at the time that there was a mechanical failure and they had to send a spare plane up from Gatwick.
The first mention of a bird strike is in the defence they have filed. I sense desperation. My FOA request to the CAA will show whether they're bluffing!

Tyzap

Nicktee55 wrote: »

We were told at the time that there was a mechanical failure and they had to send a spare plane up from Gatwick.
The first mention of a bird strike is in the defence they have filed. I sense desperation. My FOA request to the CAA will show whether they're bluffing!

The CAA don't like giving any information under the FOA, be prepared for a rebuttal.

razorsedge

Tyzap wrote: »

The CAA don't like giving any information under the FOA, be prepared for a rebuttal.

The CAA people dealing with birdstrike info are not too bad actually. This was my experience:

https://forums.moneysavingexpert.com/discussion/comment/66293779#Comment_66293779

Surfhopper

I was on a flight to Barbados for a Christmas cruise and a delay of almost six hours meant the loss of the first day of our holiday. Stacks of letters to and from Thomson and refusal to pay. Reasons range from knock-on delay from incoming flight, demands to produce boarding cards and/or e-tickets. It is just a question of perseverance and time. Luckily we are retired and can spend hours online and writing letters, but feel sorry for those who have to waste precious leisure time pursuing this company. We have lodged a court claim online and Thomson say they will produce a defence based on extraordinary circumstances. Looking forward to a date in court if necessary, and I will definitely insist it is held in beautiful Bath.

bigmama1

Re my previous Post No. 6590.

We have today received a cheque for £901.01 from Thomson. I have been told by the Manager that we will be getting court fees plus interest also. He told me to get back to him if the rest of the compensation doesn't arrive within two weeks. We will not bank this cheque until we get the rest of the compensation. I think I read somewhere on this forum not to bank the part payment?

Only 12 days to wait!

smartly

MCOL judgement query

Vauban's guide says airline has 14 days to acknowledge and then 14 days to enter a defence

MCOL online request for judgement says:

Before you proceed with your request for judgment:

you must have received a full admission from the defendant(s) that they owe you the money claimed (see 'please note' below)

or

14 days must have expired since the claim was served on the defendant(s) (the claim is considered served on the fifth day after it was issued) and a response has not been filed or served on you

Can somebody please clarify?

NoviceAngel

I assume, your trying to get 'Judgement by default'

If your using MCOL then the option to request judgement won't be active until the appropriate time has elapsed, so I'd go with that

smartly

I assume, your trying to get 'Judgement by default'

It just says "Request Judgement" and option is there and working which is why I asked the question. ( Today is day 28 ).

NoviceAngel

Then press the button lol

razorsedge

Blimey!!!!
I take a few days off from the forum to prepare for my hearing today and it would seem that events in Liverpool over the past two days are going to somewhat overshadow my little battle.


Suddenly the voices of the Seven Dwarfs pop into my head....


“Hi-hooo, Hi-hoooo, Hi-hoooooooo, Hi-hooooo, Hi-hooooooooooooo
Hi-ho, Hi-ho
It's off to Court I go”


I will admit this though. I do not expect my hearing today to be anything like how I envisaged it would be back in early November (when the Supreme Court made their rulings about Dawson & Huzar).
Unfortunately, I do not expect to be able to deliver the (non-binding because it is just a County Court decision but possibly persuasive) crushing blow against airline claims that bird strikes are Extraordinary Circumstances.


Sorry about that, I feel like I might have let you all down but it really is not my fault.






There have been a few reports on this forum about people receiving last minute settlements through the post from Thomson. The Postman has already been to my house this morning and sadly there was nothing from them. I called the Court, they have not received anything either. Still, there is just one more last chance for Thomson....
Suddenly the words of Elgin Baylor Lumpkin pop into my head:


“Why not me
Is that I'm too ghetto for you....


You should tell me something, something
Can't imagine me just wanting
Put your cards out on the table
Baby I'm willing and able”




In light of his recent journalistic experience perhaps I'll ask NoviceAngel to provide a full news update later.