Flight delay and cancellation compensation, Tui/Thomson ONLY

stavros42

mboo29 wrote: »

Slowly losing the will here folks!!!!

So, I went to my local Sheriff Court in Scotland today armed with my completed forms and my evidence, only to be shot down in flames when they told me they have never even seen these forms or heard of this before.


They just handed me the normal small claims forms and said these had to be filled in. Has anyone else filed a small claim in Scotland against Thomson - don't want to let these bampots get away with what they're doing!!

I am currently waiting on Dundee Sheriff Court giving me a decision on jurisdiction. I have been waiting for 2 weeks on this and they told me I would have it by Friday. I will post this when they get in touch with me, by the way I am going down the Scottish small claims route.

stavros42

nm88 wrote: »

Living in Scotland, am I right in thinking I can proceed with my Small Claims Case against Thomson via the Sheriff Court using form 1b?

scotcourts dot gov dot uk/taking-action/small-claims

edit: just saw the posts above - seems like form 1b is the way to go then, will have a proper look at filling it out correctly this evening!

You will have to give the court your reasons why it should have jurisdiction.

Davidgeorge

Can anyone PLEASE recommend a no win no fee company? I have written to Thomson and got the standard reply, not their fault some rubbish about the flight before being damaged, but ALL Thomson flights that day were delayed! So very confused by the reply we received. So need some expert help now.
So any recommendation would be good

catoutthebag

Centipede100 wrote: »

The decision to divert the aircraft from the previously planned schedule was entirely that of the airline and cannot be described as extraordinary circumstances.

A conscious decision to divert must have been taken in the knowledge that the consequences of delaying passengers on this flight might well lead to claims for compensation. The fact that the airline made that decision in full knowledge that the Sturgeon ruling giving rise to delay compensation had already been published means that there can be no defence to this claim.

Omit any reference to Lassooy v Finnair as I am not convinced of ots applicability to delay compensation claims as the case involved denied boarding.

Centipede, thank you.

If I omit that ruling, is there any ruling I should include, or just argue the case as you have done without any reference to particular laws/ruling/judgements ?

pcyuljr

Davidgeorge wrote: »

Can anyone PLEASE recommend a no win no fee company? I have written to Thomson and got the standard reply, not their fault some rubbish about the flight before being damaged, but ALL Thomson flights that day were delayed! So very confused by the reply we received. So need some expert help now.
So any recommendation would be good

Not sure your chances of success on her. Most posters do it themselves by following the guidance of other helpful posters.

I.e. Write to company, CAA, NBA, small claims court.

Why not try having a read through and see if it is something you could accomplish on your own by sending a few letters?

Obviously if you've done all this, then apologies for the repetition.

If you do find a good NWNF firm then let us know.

Mathew

Well... I've had the defence from Thomson who rely on an extrodonary circumstance off an unexpected technical fault with the aircraft's weather radar system!

Just waiting for the hearing date now I guess.

blondmark

mboo29 wrote: »

Slowly losing the will here folks!!!!

So, I went to my local Sheriff Court in Scotland today armed with my completed forms and my evidence, only to be shot down in flames when they told me they have never even seen these forms or heard of this before.


They just handed me the normal small claims forms and said these had to be filled in. Has anyone else filed a small claim in Scotland against Thomson - don't want to let these bampots get away with what they're doing!!

This is a common problem right across Europe as THIS survey reveals.

In your position I would give the main courts in Edinburgh and Glasgow a bell and ask if they are familiar with the European Small Claims Procedure and then post your application to anyone who replies 'Och Aie'.

Old_Traveller

Hi Droylie

I have PM'ed you, could you email me a copy as well please. I have sent my email address in the PM.

Just about to MCOL and my flight was a 'Tech Fault' so this may help me set out a case more easily.

Thank in advance.

John.

WILLIAM4023

droylie wrote: »

Dear all

I posted on the main forum but just to let you know that I was due to go to court last Thursday and Thomson agreed to settle out of court for a delay from 2010. Thomson agreed 400 euros each (2 of us) and court costs. My ex-husband is a barrister and he did the claim for me and I am happy to email anyone a copy (it quite lengthy).

This was despite Thomson saying it was 'extraordinary' circumstances (it wasn't) and lying over the distance from Manchester to Palma (to try and get the lower amount). My case was put on hold in 2010 but I didn't give up!

Kerrie :beer:

Well done on you triumph, could you email me a copy please.

Sammie1

johannab wrote: »

May I too have a copy? I would like a copy too nnormank@aol.com