Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

Dougie34 wrote: »

When I advised that i was aware that the claim had to be brought within six years due to limitation (due to expire July 2015)I was told not to worry about this and that this wouldn't apply as the claim was submitted within this time frame.

Is this right? I have advised that I would put the claim in the hands of solicitors but don't want to lose this right if we don't receive a satisfactory response.

Am I right in thinking that if we don't receive a satisfactory reply and it goes past the limitation date in July 2015 we will lose our right to issue court proceedings?

Any advice is appreciate and keep up the good work!

Have a look at Rainmans post in this thread and the response https://forums.moneysavingexpert.com/discussion/47230

Don't make the same mistake:-

1 Read Vaubans Guide
2 Issue NBA
3 Issue court proceedings.

DO NOT let them treat you like an idiot!

legal_magpie

No. It is not right. Issue now. Don't leave it till the last minute

Mark2spark

Dougie34 wrote: »

Am I right in thinking that if we don't receive a satisfactory reply and it goes past the limitation date in July 2015 we will lose our right to issue court proceedings?

Any advice is appreciate and keep up the good work!

Yep, you're exactly 100% right.
And Thomsons will say, oh yes, you were right, sorry (cough cough)
In fact they won't say sorry.
Issue NBA now, !!!!!! claiming since December? Do leave off. They've had plenty of time.

Mark2spark

Just a few thoughts on the interest rate on the date of delay thing, if you get to be *in front of a judge*, you could say something along the lines of; I'd like you to calculate the money owed using the rate at the time of delay, it seems reasonable that the cost of things I had to buy that day, whilst being delayed, were all at *that* exchange rate, not todays rate.

NoviceAngel

Mark2spark wrote: »

Just a few thoughts on the interest rate on the date of delay thing, if you get to be *in front of a judge*, you could say something along the lines of; I'd like you to calculate the money owed using the rate at the time of delay, it seems reasonable that the cost of things I had to buy that day, whilst being delayed, were all at *that* exchange rate, not todays rate.

Hmmm, quite why DJ Jenkinson chose to use the rate at the time of proceedings does seem slightly odd to me, the regulations are clear the payment should be made at the point of the delay, not months or years after the delay.

In the absence of any other Judgments that I'm aware of on this specific issue then the guidance by DJ Jenkinson is useful but like most of us we think it really should be the exchange rate at the time of delay.

Cheers,

NoviceAngel

tulsidas

Hi
MCOL was served on thomson on 7/4/15. No reply from Thomson. Do they need to respond within 14 days or 14 WORKING days? If its 14 days then their time ends today otherwise it ends thursday.
Any thoughts?
Thanks

NoviceAngel

tulsidas wrote: »

Hi
MCOL was served on thomson on 7/4/15. No reply from Thomson. Do they need to respond within 14 days or 14 WORKING days? If its 14 days then their time ends today otherwise it ends thursday.
Any thoughts?
Thanks

In not sure but the ability to request Judgment by default is not active on MCOL and it will tell you the earliest date you can request a default, if you try too early.

Cheers,

NoviceAngel

mackers88

Thanks guys
I think I,ve been thrown a bit of a curveball by Thomson,
As I said ,I put in an unspecified amount claim to court to address the interest issue - I did not ask for the FX rate to be backed up to the delay event - I assumed there without specifying it,.


I phoned Mcol today as I was expecting a court missive through after Thomson had,as I said, emailed the court and copied to me , that they were issuing a cheque at recent FX rate and stating no interest is allowable in County Court Act.
Mcol have told me that the email tells them that Thomson has settled the case, although it was only copied to me, and no negotiation has happened.


They tell me that nothing else happens now at this point. The onus is on me.
I can only ask for judgement at the courts discretion, since T say they are not defending, or re.negoiate with T.


They also say that there will not be a hearing now, so I am not able to put anything further in front of the judge.
It,s either take the money, talk to T, or get a judgement in default, without a chance to argue the toss regarding fx rates and interest.


Any thoughts ??
Appreciated

smartly

If its 14 days then their time ends today otherwise it ends thursday.

It's 14 elapsed days, but 14 days after it is deemed served. This is 5 days after you issued it if that makes sense. I've posted this somewhere above as i didn't th9ink it was clear.

Make sure Thomson don't say they are going to defend it all at the last minute, as they then get another 14 days, check MCOL for any updates. But you should get sent a copy if they say they are going to defend.

smartly

Mackers I think you may have screwed yourself by putting in an unspecified amount of claim. Did you put on the claim interest? If not you won't get it.