Court success thread

roxysox

:j Cheque received today :j

I filed my MCOL after 14 day NBA and received a letter from the court which said they had contacted TC, so on the 25-07-13 TC e-mailed me to send copies of tickets which I had done in November so I rang and was told they would be paying out but could I send copies of tickets.
Printer not working so straight down library copied all tickets and letter sent recorded delivery. On Tuesday 30th July I rang again and was told how much i would be getting and they were not defending the case and would I contact the court. I did that and as I said cheque received today.
Thanks to the forum and everyone's help and advice:rot fl:

MrsChewy

Sorry I didn't mean dont rely on court cases. I'll be packing everything into my witness statement I can. Just thought I might also research the Airline as well, i.e how old are the planes, punctuality, alliance member (whatever that means - see CAA website) so I can build a bit of evidence if they come back with EC and all reasonable measures.

Vauban

Another success here:

http://forums.moneysavingexpert.com/showpost.php?p=62786549&postcount=2459

davidbrian55

success in bury st edmunds on friday, thomson arguing 2 years not 6 and that damages are similar to compensation and should therefore be domestic ruling not 261. Nice judge clearly seeing the differences.

so 800 euros, 8% from end of july 2007 and costs. Might book a holiday with thomson!

thanks everyone for their support. couldn't have done it without you.

Mark2spark

davidbrian55 wrote: »

success in bury st edmunds on friday, thomson arguing 2 years not 6 and that damages are similar to compensation and should therefore be domestic ruling not 261. Nice judge clearly seeing the differences.

so 800 euros, 8% from end of july 2007 and costs. Might book a holiday with thomson!

thanks everyone for their support. couldn't have done it without you.

Has anyone posted this on their facebook page yet?

111KAB

Mark2spark wrote: »

Has anyone posted this on their facebook page yet?

It will probably get deleted! Is there a Thomson Complaints FB page like the Monarch one ....

https://www.facebook.com/MonarchComplaints

as I haven't seen one?

Mark2spark

I don't know of one.

I've posted on Thomsons page before and have only been deleted if i've also posted external links to back up my post.

Mark2spark

Well I've posted on their FB page, will see what happens.

"Hi, I notice that at Bury St Edmunds county court last Friday, a judge decided, in a case that Thomson defended, that the Regulation EU261/2004, was compensation, and not damages, and that therefore the time period that applies is the Statute of Limitations, (which is 6 years in England), and not 2 years as under the Montreal Convention. Has your 'advice' from the pre-eminent QC now changed in the light of this?"

romanby1

Mark2spark wrote: »

Well I've posted on their FB page, will see what happens.

"Hi, I notice that at Bury St Edmunds county court last Friday, a judge decided, in a case that Thomson defended, that the Regulation EU261/2004, was compensation, and not damages, and that therefore the time period that applies is the Statute of Limitations, (which is 6 years in England), and not 2 years as under the Montreal Convention. Has your 'advice' from the pre-eminent QC now changed in the light of this?"

Extract from:-
Article 9 of the Limitation Act 1980
(1)An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the cause of action accrued.

This seems pretty clear to me, 6 years for EC 261/2004 claim.
I would have thought any decent judge would "Carpet the airline counsel" for wasting his and the courts time with a 2 year defence.

dxc_chappie

Mark2spark wrote: »

Well I've posted on their FB page, will see what happens.

"Hi, I notice that at Bury St Edmunds county court last Friday, a judge decided, in a case that Thomson defended, that the Regulation EU261/2004, was compensation, and not damages, and that therefore the time period that applies is the Statute of Limitations, (which is 6 years in England), and not 2 years as under the Montreal Convention. Has your 'advice' from the pre-eminent QC now changed in the light of this?"

There was also a case in Cambridge county court on 15th July (not mine) where Thomson lost the 2yr argument.