Flight delay and cancellation compensation, Tui/Thomson ONLY

Marksfish

Does anyone have a link to a notice of intent to sue which I can use to send to Thomson please? I have exhausted all the Resolver escalations, so this is now my only option. I have read the guide, but there is no advice on the content I should add.

Thanks

Vauban

Marksfish wrote: »

Does anyone have a link to a notice of intent to sue which I can use to send to Thomson please? I have exhausted all the Resolver escalations, so this is now my only option. I have read the guide, but there is no advice on the content I should add.

Thanks

You don't need a template - just write it. Outline the problem and the attempts you've made to resolve it. Then say if not resolved within 14 days you will begin legal proceedings. Simples.

Marksfish

Cool thank you. I thought there was some sort of procedural stuff you had to go through. Will make a start on it tomorrow.

Thanks

dawnkb1

Hi,
This is the first time I have done this so if I have done anything wrong please let me know..........


I am taking Thomson to Court as they have failed to respond to me regarding fight delay compensation. I issued a claim form and they are defending (the defence is nonsense, all the details they are defending will be in my submissions of evidence to the court) however they are saying that I need to add my husband to the claim. I was the lead passenger and I am the Claimant, however I am claiming for both of us, the booking was in my name, does anyone know if this is correct?


Any help would be gratefully appreciated.

Vauban

Strictly speaking yes - you should. You would need to fill in a form and pay another fee. But I would hold off doing this, because:

a) if you have a good case, the airline won't want to go to court, and will settle in full beforehand;

b) if they don't, a judge will often allow a litigant in person to add a co-claimant during the hearing;

c) even if you can't add you partner, there's nothing to stop them from starting their own claim once you have won yours - and it would be very difficult for the airline to defend (and they probably wouldn't).

Tell us about the circumstances of your claim, and flight details.

dawnkb1

Hi,


Thank you so much for your help.


It was flight TOM049 from Cancun to Gatwick, we were due to fly on 18th May 21:15 and did not fly until 20th May 21:22. the aircraft due to operate the flight suffered a technical issue before departure. Parts and engineering were needed from the UK. Total length of delay was 48 Hours 07 Minutes

Vauban

dawnkb1 wrote: »

Hi,


Thank you so much for your help.


It was flight TOM049 from Cancun to Gatwick, we were due to fly on 18th May 21:15 and did not fly until 20th May 21:22. the aircraft due to operate the flight suffered a technical issue before departure. Parts and engineering were needed from the UK. Total length of delay was 48 Hours 07 Minutes

Well a technical failure is definitely not extraordinary circumstances, so you have an excellent case which the airline simply cannot offer a defence to.

legal_magpie

They are right about adding your husband. You could ask whether they will agree to his being added as a party in which case it could be done at the hearing or you could file a consent application. If they say no or don't reply (latter is the more likely) then follow Vauban's advice and when it gets to trial (highly unlikely), just tell the judge that you are claiming for your self only. Your husband can then start his own county court claim.
Don't accept any delays. Press on and you'll find that Thomson will pay up.

dawnkb1

Thanks again for the help.......


Can I make an application to the Court to add him to the claim?

legal_magpie

Yes but you will have to pay a substantial fee which you won't get back.