Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

Try this
https://uk.practicallaw.thomsonreuters.com/6-204-3085?__lrTS=20170410224459039&transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

slownewt

I finally got around to filling out the form on Thomson's website back in November for an October 2012 delayed flight that almost made us miss our Thomson's cruise. Eight hour delay and we got 8.00 at the airport, missed a day in Turkey and dinner was over before we got to the ship. They paid for two of us today with no hassle. I still had all the flight info and I told them that I enjoyed the cruise and tell people I thought it was good value, but if they had done anything on the cruise, such as on board credit, I would have been happy. Oh well! Result. I just used Thomson's own form though.

The_Racer

After some advice please:

I submitted a flight delay claim against Thomsons for flight delay in July 2016 on 22nd Nov 2016.

Thomsons asked to extend the 14 days to 28 days and then made it a defended claim.

As a result i sent off the directions questionnaire and as a result of the defence re-served the claim (N1 SDT) on Thomsons 02nd March 2017.

I have heard nothing from Thomsons or the court since.

The bar in place for Thomsons was removed on 19th March.

Should I submit a default in judgement (N225) or will the court advise me of a court date.

Im very unsure, any help would be appreciated.

legal_magpie

You cannot apply for default judgment if Thomson have filed a Defence. The Court will issue directions in due course. What do you mean by "the bar in place"?

The_Racer

This is what is says on Mcol although as a result of now re-submitting the claim i no longer pursue the claim online.

Thomson Travel (TUI) filed a DQ on 19/01/2017
Date of service of 06/03/2017 for Thomson Travel (TUI) notified on 20/03/2017 at 09:19:19
The bar in place for Thomson Travel (TUI) was removed on 19/03/2017

Vauban

Who have you named as the defendant? Thomson Travel (TUI) is not the same as Thomson Airways, and not liable (as the travel agent) for flight delay claims.

The_Racer

Vauban, yes my mistake the initial claim was in that name but they raised that in the defence hence me re-issuing the claim for Thomson Airways.

Vauban

The_Racer wrote: »

Vauban, yes my mistake the initial claim was in that name but they raised that in the defence hence me re-issuing the claim for Thomson Airways.

Sorry I've no idea how MCOL deal with this. I assumed you would issue completely new proceedings, with a new case number? But it sounds like you've done the second claim by paper form? If so, you'll just need to let the process take its course - which is presumably for a new DQ to be issued in due course.

You won't get the costs of the first (incorrect) application back, presumably.

EDIT: I have just read your previous posts, which suggest that it's not a new claim but an amendment, as instructed by the court. Which court is this? Has it been allocated to your local court? If so, give them a call to chase up what happens next.

legal_magpie

Why did you issue a new claim? Once the error as to the Defendant had been pointed out it would have been a simple matter to apply to amend.

The_Racer

Yes, I applied to amend which the judge granted and had to re-serve on Thomsons as a N1 SDT. I sent of the certificate of service to the court and heard nothing since.

Sorry should have been clearer, it says as a result of amending i can no longer pursue on online.