Flight delay and cancellation compensation, Tui/Thomson ONLY

tulsidas

Hi, Just checked MCOL again and no reply from Thomson.
I have now requested judgement by default. Has anyone else been upto this stage with Thomson? What happens now? Can Thomson still file a defence or is this it,( ie they have to pay compensation).
Thanks.

JPears

What was the effective "papers served date"? Are you well over the 14 days allowed for the defence to respond?
They can apply to have the judgement setaside, but only if there is a realistic chance of them winning the case.

NoviceAngel

tulsidas wrote: »

Hi, Just checked MCOL again and no reply from Thomson.
I have now requested judgement by default. Has anyone else been upto this stage with Thomson? What happens now? Can Thomson still file a defence or is this it,( ie they have to pay compensation).
Thanks.

Do please keep us updated on your case, I haven't read that many getting Judgment by default. It's an automated process, so check again tomorrow and see if Judgment has been issued, your MCOL should update...

Then you have won your case but like JP says they can appeal for a setaside if they have a realistic chance of winning the case, which obviously they haven't...

The application for the setaside will cost them £150 if they decide to go down that route, the next steps are to escalate it to the High Court for the Sheriffs to enforce assuming the amount is over £600 ? http://thesheriffsoffice.com/high-court-enforcement/enforce-county-court-and-high-court-judgments

Cheers,

NoviceAngel

NoviceAngel

JPears wrote: »

What was the effective "papers served date"? Are you well over the 14 days allowed for the defence to respond?
They can apply to have the judgement setaside, but only if there is a realistic chance of them winning the case.

MCOL won't allow you to request judgment unless a clear 14 days has elapsed.
It's a good win for tulsidas. Another one for the BBCTV Show The Sheriffs are coming..

tulsidas

Hi all,
Dont want to count chickens but still no responce on the MCOL.
Lets just wait and see. I do feel that its not going to be that straight forward.
Thomsons havnt played ball so far so no reason to think they'll start now.
But i'll keep you posted.
Thanks again.

Vauban

They'll probably wait till you get a judgement by default then write to the court requesting a set aside, claiming they didn't receive the papers. Quite a few examples of this have been posted on here.

ZeeWrath

The same thing is happening to me.

I issued my claim on 08/04/2015 and have just requested a judgment because thomson have not responded.

so what should I be doing now? Am I waiting for thomson to set aside or do I ask them for payment once I get a judgment?

razorsedge

ZeeWrath wrote: »

The same thing is happening to me.

I issued my claim on 08/04/2015 and have just requested a judgment because thomson have not responded.

so what should I be doing now? Am I waiting for thomson to set aside or do I ask them for payment once I get a judgment?

Don't pander to them or wait forever. Do that bit immediately giving them 14 days to pay (and then send in the Sheriffs when they don't pay up).

legal_magpie

Vauban wrote: »

They'll probably wait till you get a judgement by default then write to the court requesting a set aside, claiming they didn't receive the papers. Quite a few examples of this have been posted on here.

To succeed with an application to set aside, they will have to show:
(a) That there is a good reason why they didn't file the acknowledgement of service. If the Claim Form was directed to the correct address, it's unlikely that they will succeed on this point
(b) That they issued their application to SJA promptly


(c) That they have a real (not merely fanciful) prospect of success. This isn't easy. They will also have to show their hand at a very early stage.

ZeeWrath

I'm not getting my hopes up, searched for a few examples of mcol and setting aside and they seem to be allowed for rubbish reasons like:

"the deadline for filing of the defence was somehow overlooked in this matter and for that I apologize to the court".

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