Flight delay and cancellation compensation, Tui/Thomson ONLY

The_Racer

I have been trying for many months to get flight compensation from Thomson without success, ignored emails and calls etc etc.

In late November I commenced county court proceedings, Thomsons replied stating they intended to defend there claim giving them an extra 14 days to respond.

They have now responded stating it is denied I have any right to claim for my wife and two children and must apply to the court for further claimants to be added or they would be struck out.

Secondly i failed to serve on the correct defendant as I put "Thomson Travel (TUI) instead of "Thomson Airways Limited".

They have requested that i identify the correct defendant and serve the claim form and particulars correctly and provide names of claimants and quantify the claim.

The court have stated my claim is suitable for the small claims track but I must respond by 26th Jan.

I have to say Im now panicking bit which I'm sure what Thomsons want me to do, I am unsure how to go about applying to the court to amend or whether I should discontinue and re-submit my claim at a later date if i can do this.

I have been down my local cab office but they weren't really able to give me any decent advice apart from what i already knew.

Any advice would be appreciated ???

JPears

more lazy newbs...

DrA_Harrogate

Well done for taking the company to Court! I take it you have downloaded and digested Vauban's guide. I also take it Thomson's reply was to the Court not you. They have done you the favour - which they had to do - of giving you advance notice of the defence they will try and use.

My non-legally qualified (but been there) view is first you have to establish 'locus standii' i.e. your legitimate right to represent your wife and children. If Mrs Racer accompanies you to Court she can confirm this herself - a signed letter from her to you stating she wishes you to represent her may do. Think of a suitable word - 'ludicrous' may do - to describe the notion that you cannot represent your children.

Second insist you addressed the claim to what you understood was the parent company (who have I assume been communicating with you) but if the Court wishes you to modify it you would be happy to do so. Make a list of what you are claiming i.e. amounts under EU law plus allowable expenses and take copies with you to give to the Court.

The defences Thomsons are using have been tried, and failed, before but I don't think the Court is necessarily bound by these.

If this sounds a bit intimidating it can be. A nwnf lawyer may still be an option, but if you do diy then come back with any further questions.

louloo22

hi-new here..

short story..delayed over 25hrs in Dubai on 28th Dec 2017..left in the airport 9hrs and given one mcds in that time- we queued for over an hour for(well kids did lol) eventually moved to a hotel.
Blamed on weather (fog) but other planes landed and took off-apparently ours circled and landed 60miles away due to refuelling and the staff couldnt bring us back as they hadnt the hours left (either crew)

Filled in Resolver as soon as i got home..should i hear anything?

Thanks everyone x

Justice13075

Can you post your flight details.

chrispro

JPears wrote: »

more lazy newbs...

what is a forum for if its not to ask for advice or help other people out?

JPears

chrispro wrote: »

what is a forum for if its not to ask for advice or help other people out?

Because alot of new posters put their own personal thread up instead of taking 5 seconds to scroll down the page to find the relevant airline thread.
As a result all the relevant airline threads are now getting pushed off the first page.
There have been 10 new threads in as many days. Makes the forum very messy for newbies and veterans alike.
I won't read any of them.

Justice13075

Quite right too

potts57

I have been fighting a 5 hr delay that happened in Dec 2010 since 2012 and have been turned down by Thomson on a few occasions, I went to CEDR in October last year via Resolver and they have just ruled in my favour €1600 coming my way. It is worth persevering just need to wait for the payment now but what's another few weeks having waited this long .:j

JPears

potts57, really hope you get your expected compensation as the 6 years has now expired to take legal action.
I hope Thomson don't procrastinate any further.
Please keep us up to date.