Flight delay and cancellation compensation, Tui/Thomson ONLY

Scorpio666

Ok, ive since spoke with the Courts and they said they are sending an N180 questionnaire to go with the defence (Which really isnt a defence atm) but they have said to fill it out and send it to both the address @Salford and to Thomsons @ Luton.

My worry is I haven't received a full defence yet. I was going to return the letter with our flight and booking details on so they could start their full defence but if I send the questionnaire back with this letter, they will have the questionnaire and any info on i.e. mediation or not to hand before me?

Do I just send the Booking ref and flight number letter and hold back on the N180 questionnaire for a week or so and send that before the 2 week deadline to both the court and Thomsons ? Or do I send it now together with the letter, knowing im still to receive a full defence yet ?

Any guidance would be great

Thanks

111KAB

I would just send everything now. Highly likely Thomson will try and settle (if they have any sense) prior to court and the idea of holding back information until the last minute fails to work IMO as, probably, the main reason you have nothing from Thomson is that they are useless.
Just do your own thing, comply with the court instructions and if the matter does go to court your skeleton statement should high light you complied where Thomson failed.

Scorpio666

Ok thanks, im assuming that when they receive the booking reference and flight number from me when I send this reply now they will construct a fresh full defence and send that as it says on the letter I have from Thomsons, they reserve the right to amend the defence. I was just worried sending the questionnaire back now without a final defence from them ( As this first defence letter albeit not a defence per say... is seemingly to find out the flight and reference we were on ) as to prove we have a valid claim.

Will await the questionnaire and copy from the court before sending anything back in case the defence the court sends is a newer one.

Is the N180 Questionnaire pretty straight forward or is there anything I should be aware of ?


Thanks Again

Scorpz

razorsedge

Scorpio666 wrote: »

as it says on the letter I have from Thomsons, they reserve the right to amend the defence.

If it gets to court point out that Thomson are abusing the court process by changing their defence. Somebody who does not know what their defence should be from the start is incompetent in my opinion.

legal_magpie

It's not abusing the Court process to change one's defence (or claim for that matter). Circumstances can change and a party may discover something that they weren't aware of at the time they filed their original defence (or claim). A new witness or document may emerge or a party may instruct a lawyer who realises that there is a further head of claim or defence.
A party will nearly always get permission to amend their defence (or claim) so long as any prejudice to the other party is taken care of, usually by providing for costs.

Scorpio666

They were asking for the Booking Ref and Flight Number which wasnt on the N1 and surprisingly didnt see this on any examples people had done, which in hindsight should have gone on, although I would have thought they could work that out from the Info sent them such as dates, names and destinations...

Just awaiting the letter from the courts with the questionnaire, hopefully its not too tricky to fill out.

Thanks

Scorpz

Foldylee

I was delayed on the 11th September coming back from Antalya to East midlands for 16 hours, the flight was delayed due to a 4 hour technical problem before the plane left east midlands resulting in the crew going over their flight hours by the time they landed in Antalya. Despite the terrible communication, we were told the flight was cancelled at check in but sent into the airport anyway, we were treated pretty well and when we made it back out the airport 4 hours later we were put up in a nice hotel for the night. I did however miss a days work so have lost money on that so would like to try at least get something back. Would metioning the missed shift at work help my claim or is there more chance of them paying up if just go for the standard claim? it would more than cover my loss of earnings anyway.
Thanks

Caz3121

Foldylee wrote: »

Would metioning the missed shift at work help my claim or is there more chance of them paying up if just go for the standard claim?

airlines are not responsible for consequential losses so they will either pay compensation to passengers on that flight or they will not, having additional losses makes no difference
You could check your travel insurance and see if it has a clause for lost earnings

legal_magpie

The compensation is for a fixed amount. You can't claim things like loss of earnings under the regulations. Read Vauban's excellent guide (see FAQs at the top of this thread for the link)

Scorpio666

Hi All

Ive received the questionnaire from the Salford County Courts Claim centre, in fact ive received 2 one for me and my partner, do i send both back or just one ? As im the one whos handling the claim I assume just me sending one with my details on for the mediation ok ?

I assume as it will be just me attending, I shouldn't be calling for any witnesses. (As silly question as it sounds) ie, should I be actually calling for my partner as a witness or is there really no need ?

Thanks Again

Scorpz