Flight delay and cancellation compensation, Tui/Thomson ONLY

DorisTrousers

Happy days!!!

I am so hoping that they cave in for my delay as well, especially as my better half seems to have spent the money already...

Scorpio666

Hi All

Just a bit of an update on our MCOL case and a semi win, we have received a CPR27 email from Thomsons saying that they will not be attending court and that they want the court decide in their absence.

They have admitted they owe the flight delay amount and the court fee but reject the interest, including 2 or 3 examples of cases where the interest was declined. Saying that claim for compensation under article 7 cannot be defined as damages thereby leading to the conclusion interest cannot be awarded, pointing then to the examples attached.

They have asked the courts to side with them as they are paying up as per regulation and at earliest opportunity. (This bit is funny as its almost 5 years weve been trying and even lately they have progressed with the case saying they are going to defend)

It finishes with "Save as expressly admitted or denied herein, the claimants are required to prove the allegations in the particulars of claim"

Will I receive a hard copy from the court, and also what it my next move, they had till the 4th Nov to send a full defence. There is quite a sum of interest so im going to take this to the fullest extent possible, but need to know what is needed on my part.

As always thanks in advance.

Scorpz

legal_magpie

You should tell Thomson that you intend to pursue the claim for interest and that unless they agree to pay it you intend to press on with the case and will claim the additional costs and expenses involved.
You could also ask the Court to list the case for a 15 minute disposal hearing to deal with the interest point.
If you persevere you'll get the interest

Scorpio666

Ok

Can I send this via email like they have to me (And cced in the court) or do I have to go via hardcopy to Thomsons and the courts.

So what is a disposal hearing and what does it entail ?

Many Thanks

Scorpz

legal_magpie

You can email both the Court and the other side provided your court will accept emails. A disposal hearing is a short hearing to decide the amount of damages when liability is not in issue

Scorpio666

Thanks LM

It looks like Thomsons have emailed them too (CCed) so I take it im not expecting a paper copy to be posted out relating to this response from Thomsons?

Would this response from me be in the court style layout again. ie showing Us Vs Thomsons at the top etc.

Do I have to do a particulars of claim as they mentioned and ive seen on the Judgement form ?

Cheers

Scorpz

legal_magpie

If you commenced proceedings using MCOL you have already lodged your particulars of claim, so no. Don't make what is now a very simple matter too complicated.

DorisTrousers

Hi all,

I have received a notice of proposed allocation. Is it worth my asking for the court to be changed to Liverpool, as they seem to be dealing with more cases?

legal_magpie

If you don't mind going to Liverpool if the case goes to trial that is a good idea. The only snag could be that you might not be able to recover your travelling exlenses if you deliberately chose a court a long way from your home

DorisTrousers

Thanks again LM.

In Manchester so not too far to travel.