Taking The Airlines To Court

111KAB

carina62 wrote: »

we have received an email from the CAA dated May 2014 basically saying that in the light of new guidelines clarifying extraordinary circumstances of EC 261/2004 the disruption falls under exceptional circumstances, therefore they say we are not entitled to compensation.


Would the new ruling make any difference to this decision as we have a deadline to get this sorted before Sept 2014. Unfortunately the CAA did not disclose what the exceptional circumstances were.


What is our next plan of action?

As mentioned elsewhere on this forum the CAA are a waste of time. Their position however has been 'amended' since May of this year following their significant backdown after the Huzar appeal. The wording by the way is extraordinary circumstances. You do not mention the airline involved - some are still playing hard ball but as it would appear your 6 year threshold expires in around 3 months I suggest you commence court action immediately if you are convinced your delay meets the necessary criteria.

Vauban

carina62 wrote: »

we have received an email from the CAA dated May 2014 basically saying that in the light of new guidelines clarifying extraordinary circumstances of EC 261/2004 the disruption falls under exceptional circumstances, therefore they say we are not entitled to compensation.


Would the new ruling make any difference to this decision as we have a deadline to get this sorted before Sept 2014. Unfortunately the CAA did not disclose what the exceptional circumstances were.


What is our next plan of action?

Didn't you ask the same questions in January and March, when both times you said you were taking Thomson's to court? The advice people ave you then still holds good. Given the success of the Dawson and Huzar cases, I would just get on quickly and lodge your claim with the court (assuming you've already sent an NBA?)

carina62

hello all the airline in question is Thomson. I am very tempted to take them to court now as like you say, the CAA have been a waste of time and I'm aware I need to do this before Sept 2014 as that is when my time expires but I guess I am a concerned with the fact that if I LOSE what will it cost me as I can't afford to lose everything for the sake of about £500 - £600.


Any advice please?

111KAB

carina62 wrote: »

hello all the airline in question is Thomson. I am very tempted to take them to court now as like you say, the CAA have been a waste of time and I'm aware I need to do this before Sept 2014 as that is when my time expires but I guess I am a concerned with the fact that if I LOSE what will it cost me as I can't afford to lose everything for the sake of about £500 - £600.


Any advice please?

Same advise as before - take them to the cleaners/court when you won't lose any money but if you are worried about any financial exposure use a no win no fee but just get on with it!

Al1x

Can anyone recommend a no win no fee company? (I know there are loads on google but it would be nice to go with one that someone recommends!)

razorsedge

carina62 wrote: »

hello all the airline in question is Thomson. I am very tempted to take them to court now as like you say, the CAA have been a waste of time and I'm aware I need to do this before Sept 2014 as that is when my time expires but I guess I am a concerned with the fact that if I LOSE what will it cost me as I can't afford to lose everything for the sake of about £500 - £600.


Any advice please?

Take a look at my post #393 on this thread, just above your post. I gave my opinion there on what you might loose. Also look at the advice given by jenn1ewest1 in post #392 and Vauban in post #394

Vauban

Al1x wrote: »

Can anyone recommend a no win no fee company? (I know there are loads on google but it would be nice to go with one that someone recommends!)

Personally speaking, I would insist that any NWNF firm worth my attention should be able to beat the airlines in the Court of Appeal. Indeed, I would insist they could do so twice (just in case the first time was a fluke). I accept this narrows the field somewhat.

carina62

After discussing this with my partner last night, we have decided to go ahead and take Thomson to court for our compensation.

Is there a template letter that i can use to inform Thomson that we are going to take court action? My partner said that we have to give them notice that we are going to do so. Thanks

David_e

carina62 wrote: »

After discussing this with my partner last night, we have decided to go ahead and take Thomson to court for our compensation.

Is there a template letter that i can use to inform Thomson that we are going to take court action? My partner said that we have to give them notice that we are going to do so. Thanks

You asked the same question on 16 March and razorsedge (and others) directed you to the FAQs. Your question suggests you haven't read them and I would strongly suggest you do so before you do anything else.

dxc_chappie

So here's a question:

For claims stayed pending the Huzar/Dawson appeal judgments, if the airline now decides make an offer to settle which excludes interest should you accept it?

And if you don't accept and it goes to court will it be deemed unreasonable behaviour by the claimant?

Thoughts anyone?