Flight delay and cancellation compensation, Tui/Thomson ONLY

alisonm7772

You'll have to get back on to your claims firm Sandra they can't pay some people and not others that were on the same flight:(

NoviceAngel

alisonm7772 wrote: »

You'll have to get back on to your claims firm Sandra they can't pay some people and not others that were on the same flight:(

Despite what you may imagine, just because they may pay out to one passenger on a flight doesn't automatically mean that they are duty bound to pay others even on the same flight!

legal_magpie

Despite what you may imagine, just because they may pay out to one passenger on a flight doesn't automatically mean that they are duty bound to pay others even on the same flight!

I received a letter from the airline saying:

"We have reviewed our records and have discovered that you were a passenger on Flight No TOM 1234 which was delayed by 8 hours". You are entitled to compensation and we enclose a cheque".
I spent the money on a cup final ticket and watched Newcastle win 5-0.

Then I woke up

vettecarl

Hi all,
I have started a claim against Thomson last week and used the MCOL website.
Just a bit of advice needed please. I followed Vauban's guide but it doesn't seem to cover this. Can anyone help.
- I submitted my claim
- Thomson filed an acknowledgement of service
- A Bar was put in place for Thomson (I have no idea what this means?)
- Thomson airways filed a defence


When I go to look at the defence it states the following


1. The Claimant failed to particularise their claim. The Claimant
should be compelled to provide the following information:
a) Booking reference
b) Names of claimants
c) Flight number

2. The Claimant reserves the right to amend the defence subject to
receipt of the aforementioned.

What do I do next?
Apologies if this is simple.. I'm new to all this


Thanks in advance

NoviceAngel

The fact that a bar has been put in place is all standard, that's because they have filed a defence..

You don't have to do anything but simply wait for the judges directions, although the basics of the claim should be in your initial MCOL submission.

I assume because you're using MCOL you are a single claimant?

Sit back, chill and wait.....

NoviceAngel

vettecarl

So I don't need to reply to this?
To be fair they have all those details in the numerous letters/emails and LBA that I have sent them.


I am claiming on behalf of myself, my wife and child.
Im assuming I can do that? Or should they all be dealt with in separate claims?

NoviceAngel

Have a read of Vaubans excellent guide, that explains the full process in more details.

MCOL is for single claimants, the form N1 is used for multiple claimants, again this is all in the guide.

The full details of your claim, should be on the initial MCOL submission, if it isn't then the Judge will give you directions to provide them.

Nothing more to do at the moment, than read Vaubans guide.

Cheers,

NoviceAngel

vettecarl

Ah I see. So I have gone down the wrong route?


Because I have gone down the MCOL route I guess that was a wasted claim?


Or can this claim be amended?


Thanks

Vauban

What exactly does your Particulars of Claim say, vettecarl?

vettecarl

Pretty much what was in the guide. Here is a copy...


I am claiming compensation for myself, my
wife and our child under article 7 of EC
261/2004, pursuant to the sturgeon judgement
in the ECJ (Case C-402/07 of 19th November
2009) Which provides for 600 euro's per
passenger to be paid in the following
circumstances. These were that Thomson
delayed our flight from Sanford (Orland) to
Manchester on 29/07/14 by 4 hours 20 minutes.
Despite writing to Thomson on at least 4
occasions (including an LBA letter) they have
failed to either acknowledge or pay the
compensation owed