Flight delay and cancellation compensation, Tui/Thomson ONLY

tulsidas

Hi all,
As mentioned before, Thomson did not respond to MCOL and a judgement by default was served on the 29th of April. Having looked at the MCOL it has an option to request a warrant(and pay a fee). The question is how long should i wait before i issue a warrant.

Vauban

tulsidas wrote: »

Hi all,
As mentioned before, Thomson did not respond to MCOL and a judgement by default was served on the 29th of April. Having looked at the MCOL it has an option to request a warrant(and pay a fee). The question is how long should i wait before i issue a warrant.

Don't go for the ordinary bailiffs. If your debt is over £600 go for the HCEOs - much better chance of getting your money.

JPears

tulsidas wrote: »

Hi all,
As mentioned before, Thomson did not respond to MCOL and a judgement by default was served on the 29th of April. Having looked at the MCOL it has an option to request a warrant(and pay a fee). The question is how long should i wait before i issue a warrant.

I would suggest a call to Thomson to remind them that they have a judgement against them and request a definite date when they are going to pay up, ie within the next 14 days.
And mention use of sheriffs if payment not forthcoming

SimonAddison

Hello gang.


I have been pursuing Thomson for the last 9 months or so, been through the MCOL process, and am currently waiting for my claim to be "transferred to my County Court for allocation".


Thomson are still claiming exceptional circumstances, but their 'defended claim' paperwork was very vague/boilerplate/copyandpaste-stylie - it looks like it had been used several times before!


But it also says they will rely on Nelson and TUI (Cases C 581/10 and C 629/10), in particular paragraph 39.


Does anyone know what this refers to?


And what's the latest view as to whether they will actually show up in court to defend the claim, or just pay up the day before?


I'm ready for my day in court, if I need to, but any thoughts on this gratefully received...


Thanks all :-)

SimonAddison

I think I've found this via a Google Search... This is para 39:





That said, it should be added that, with the adoption of Regulation No 261/2004, the legislature was also seeking to strike a balance between the interests of air passengers and those of air carriers. Having laid down certain rights for those passengers, it provided at the same time, in recital 15 and Article 5(3) of that regulation, that air carriers are not obliged to pay compensation if they can prove that the cancellation or long delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances which are beyond the air carrier’s actual control ([FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Sturgeon and Others[/FONT][/FONT], paragraph 67).

NoviceAngel

SimonAddison wrote: »

Thomson are still claiming exceptional circumstances, but their 'defended claim' paperwork was very vague/boilerplate/copyandpaste-stylie - it looks like it had been used several times before!.......


.......I'm ready for my day in court, if I need to, but any thoughts on this gratefully received...


Thanks all :-)

I'm sure it's exactly that a straight copy and paste. By the sounds of it, that's just a preliminary defence, your case should be allocated to a DJ who will provide 'directions' in other words ask both parties to set out the claim and the defence in full...

This will be in the form of a court 'bundle', Vaubans guide gives further info on this, but for now just start to think about the evidence that you will submit in your case IF it gets anywhere near a trial date.

Cheers,

NoviceAngel

legal_magpie

Pretty standard stuff. They have to get a defence in otherwise they get judgment entered against them. They have so many cases that they use a "one size fits" all method.

SimonAddison

thanks guys. What do you think the likelihood is of them turning up in court?

111KAB

SimonAddison wrote: »

thanks guys. What do you think the likelihood is of them turning up in court?

Unlikely. Probably get delayed due to extraordinary circumstances.

Maxie21

Hi, I've been in touch with Thomson about a cancelled trip to Lapland in 2009 and are being told that because I don't have a booking reference or boarding passes they cannot investigate it. I rang the local branch who said they couldn't find any booking in my name but had records of passengers for that same time. I then went into the branch and was told they only keep records for 3 years! I've sent Thomsons claims company an email asking for an explanation but all I have got back is an automated reply saying they can't go any further without the reference or passes. Any ideas anyone?