Flight delay and cancellation compensation, Tui/Thomson ONLY

SimonAddison

legal_magpie wrote: »

They settled my case at Court as I was lucky enough to have it heard a few days after the first appeal in Huzar. If Thomson think they have a sound defence, they'll defend. If they don't they will settle. Make sure that you get your documents in on time

Thanks LM. I'm working though my witness statement and particulars and it's heavy going through all the legalese, as I'm sure you know all about.


Just for my sanity - what's the most compelling counter-argument(case law) that successfully overcomes the 'hidden manufacturing defects' argument' Is it the Wallentin ruling that says these are inherent in the normal activity of an air carrier?

legal_magpie

CAA have issued guidelines on this and others have better experience than me but from a lawyers point of view I would want to see all documentary evidence passing between Thomson and the manufacturers, whether there are other claims arising out of this alleged defect, whether similar aircraft have have these alleged faults, and whether Thomson are planing to claim indemnity from the manufacturer. Also, whether as a result of Thomson's allegations, the manufacturers have taken steps to "recall" all similar aircraft and whether Thomson's have grounded all similar aircraft in their fleet pending safety checks.

In other words, it's a complete try on

SimonAddison

legal_magpie wrote: »

CAA have issued guidelines on this and others have better experience than me but from a lawyers point of view I would want to see all documentary evidence passing between Thomson and the manufacturers, whether there are other claims arising out of this alleged defect, whether similar aircraft have have these alleged faults, and whether Thomson are planing to claim indemnity from the manufacturer. Also, whether as a result of Thomson's allegations, the manufacturers have taken steps to "recall" all similar aircraft and whether Thomson's have grounded all similar aircraft in their fleet pending safety checks.

In other words, it's a complete try on

Thanks - I did ask Thomson to provide a copy of the manufacturer’s letter stating that the part had a defect and that the aircraft was recalled to correct this defect in my NBA (which of course they ignored), and it's in my witness statement but I will make a bigger play of this. Thanks for the help!

nokandu

:beer::beer:

After playing nicely with Thomsons for three years ,i got a three page letter telling me why they couldn't pay.I asked for the name of the person who'd be dealing with the court case and told them i was complaining to the CAA,which i duly did (impressed with them) .Returned from holiday to find a cheque and a one page letter saying that i was entitled.Really pleased as a) I've done it myself and b) I've also beaten easyjet after three years with much the same approach( Although it took them over two months to pay even after they agreed to pay me ) .For anyone out there just refuse to be deflected from your aim.

sallysaver

Hi all - had recent correspondence from Bott and co stating that Thompson are finally coughing up the money for our case (3 x 400 euro's less costs from bott and co)- almost 6 years after the delay happened! Well happy!


Hi,
I too have had the good news regarding the payout and also had the email showing the costs which are exactly as they said they would be BUT the Euro25 charge has been changed into pounds and they have worked it out at £32. and a few pence. On their web site they state they are using E1.35 as the exchange rate but Euro 25 will never be £32 so check when you get notification. I think it should be approx £18.51. It looks like they have multiplied when they should have divided.

Mrs_Optimist

Have sent lba , NBA and have drafted proceedings, a couple of queries which I couldn't find a definitive answer on reading vaubans guide;

There are 8 claimants, shall I draft 8 sets of proceedings or 1 with the claimants listed?

Which court should I send the summons to, to be served? Northampton seems to be the most common?

How do I calculate the monetary claim from euros to sterling, ie which date and exchange rate? 8 x 400 euros = £?

It is clear reading these posts that personal experiences are more helpful when dealing with specific airlines, vaubans guide is more general, although has made fascinating reading

Fi67

We had a nine hour delay going to Cancun in October 2013. I have written to Thomson, but as yet have not received a reply (I used the template letter from this website) and having seen the posts on this forum am now going to chase this up. It seems like they will try any means possible to avoid paying compensation and I think I will get a CAA ruling prior to starting small claims proceedings. Please can anyone let me know if they have received compensation from Thompson's without having to take them to court and if so, how did you manage it. Many thanks

111KAB

Suggestion of this forum is not to involve the CAA due to them being useless/worthless/toothless (rearrange in any order you wish).

Fi67

thanks for your advice, will go straight for the jugular instead.

Scruffywuffy

Mrs Optimist, I claimed for me and my husband and did one Claim Form and Particulars of Claim, with me as the First Claimant and him as the Second Claimant.


I sent it to the Count Court Money Claims Centre in Salford.


With regard to the exchange rate, I used an online convertor, and put a couple of points referring to this on the Claim Form and a paragraph about it in the Particulars - stating which website I used, what date I did the exchange rate and the exchange rate I was using. I claimed in pounds sterling. If you are claiming interest include that and also include a line along the lines of you are claiming "interest pursuant to Section 69 of the County Courts Act 1984".


I sent my claim nearly 2 weeks ago, asking for the court to serve on Thomsons directly. Haven't had notice of issue yet.