Flight delay and cancellation compensation, Tui/Thomson ONLY

spaceaarvark

romanby1 wrote: »

In our case we were told at check in we would be delayed 2-3 hours as the plane that was to be scheduled for our flight was divertered to the US. The actual delay was 6 and a half hours. The pilot over the intercom said that the plane we eventually boarded was not the diverted plane.
We in our submissiion on the Allocation questionaire asked the court to tell Thomsons to provide the Registration Nos. of both planes, flight logs and the maintanance logs.

Thanks for the info - I could do something similar, but where on the Allocations Questionnaire did you put this request?
My form asks if I want to provide written evidence from an expert, but it doesn't give me the chance to say that I want the defendant to provide anything.

romanby1

spaceaarvark wrote: »

Thanks for the info - I could do something similar, but where on the Allocations Questionnaire did you put this request?
My form asks if I want to provide written evidence from an expert, but it doesn't give me the chance to say that I want the defendant to provide anything.

We asked for this information under Para G Other Information on Page 3. Other information you consider will help the judge.

Centipede 100
This info can be reiterated at a later date if necessary.

WHUSteve

OK, my 56 days are up and I've heard nothing

When I've rung Thomson in the past, twice I've been told I'm on record as having made a claim, but they have never sent a letter to me..... I have nothing in writing that proves they've heard from me. Do I need anything, or is it enough that I've sent correspondences that has not been replied to?

I'm going to proceed with an NBA ....... could someone pass me the forum post number of the template please, to help me?

After that, small claims court

Many thanks

Vauban

WHUSteve wrote: »

OK, my 56 days are up and I've heard nothing

When I've rung Thomson in the past, twice I've been told I'm on record as having made a claim, but they have never sent a letter to me..... I have nothing in writing that proves they've heard from me. Do I need anything, or is it enough that I've sent correspondences that has not been replied to?

I'm going to proceed with an NBA ....... could someone pass me the forum post number of the template please, to help me?

After that, small claims court

Many thanks

FAQs - page one. Grab a beer and read it all. And then get ready to rumble ...

Gooseman41

The date for hearing from Thomson and the 28 days from date of service will be up next Sunday 5th May. Presumably I'll hear something next week from them, but what happens if I don't. I have had the acknowledgment of service which states that they are going to defend my two claims.

What do I do if I don't get anything back by the 28 day time period?

romanby1

Gooseman41 wrote: »

The date for hearing from Thomson and the 28 days from date of service will be up next Sunday 5th May. Presumably I'll hear something next week from them, but what happens if I don't. I have had the acknowledgment of service which states that they are going to defend my two claims.

What do I do if I don't get anything back by the 28 day time period?

Have you started court proceedings.
If so have you received the Allocation Questionaire, it will tell you what date it has to be returned by both parties.
I suggest you return it well in advance.
Don't understand the 28 day limit.
14 days after the due date for returning the questionaire we phoned the court, to be told they had our questionaire but Thomsons hadn't returned theirs.
We have had a letter stating the file has now gone to our local county court.
We are now at the stage of waiting what the next stage is, in the proceedings

Vauban

romanby1 wrote: »

Have you started court proceedings.
If so have you received the Allocation Questionaire, it will tell you what date it has to be returned by both parties.
I suggest you return it well in advance.
Don't understand the 28 day limit.
14 days after the due date for returning the questionaire we phoned the court, to be told they had our questionaire but Thomsons hadn't returned theirs.
We have had a letter stating the file has now gone to our local county court.
We are now at the stage of waiting what the next stage is, in the proceedings

No - I understand. The 28 days is the deadline the airline has to submit a preliminary defence once the initial MCOL papers are served. Once a response has been received by the court, they post the airlines papers on to the claimant. The allocation questionnaires follow shortly thereafter.

If the defendant does not respond within the 28 days, then theoretically you can apply for a judgement immediately. In practice though I understand that courts will be lenient if an airline misses the deadline by a day or two.

romanby1

Vauban wrote: »

No - I understand. The 28 days is the deadline the airline has to submit a preliminary defence once the initial MCOL papers are served. Once a response has been received by the court, they post the airlines papers on to the claimant. The allocation questionnaires follow shortly thereafter.

If the defendant does not respond within the 28 days, then theoretically you can apply for a judgement immediately. In practice though I understand that courts will be lenient if an airline misses the deadline by a day or two.

I have checked our file, yes the defence has 28 days to resopond to the initial claim, but the allocation questionaire in our case had to be returned to the court within 14 days.
In our case we were told that Thomsons AQ was not on file 14 days after the due date. (28 days from service).
What happens now I have no idea.
Any one else had late delivery of the defendant's AQ and what was the outcome?

Gooseman41

Thanks for your responses. I haven't revived anything apart from the acknowledgment of service. I haven't had the allocation questionnaires at all!

Should I chase this or leave it and wait the 28 days?

Vauban

Gooseman41 wrote: »

Thanks for your responses. I haven't revived anything apart from the acknowledgment of service. I haven't had the allocation questionnaires at all!

Should I chase this or leave it and wait the 28 days?

Be patient! If by 30 days or so no defence has been received, contact the Court for advice - but you should be able to move for a judgement.