Court success thread

jenn1ewest1

laticsforlife wrote: »

I have posted my sucess on the Thomson thread but not on here;

My Court date was Friday 13th Septmeber (good job not superstitious) in Tameside District Court.

Upshot was that the Judge awarded 4x €400 in my favour as Thomson's evidence was unclear and contradictory.:j

Slightly worrying was the Judge being seemingly convinced with the concept of their argument that if they could prove EC's and it was a prior flight, becuase an EC was the root cause (lightning strike), it would have continued to be an EC to my flight even though a different aircraft entirely.:eek:

He didn't grasp the concept of "all resources at their disposal", nor the clear dicta in the cases I brought that said they can't keep using EC's on later flights, stressing 'particular flight'.

But in the end because I won, I breathed a rather large sigh of relief.:money:

It is worth re-working a reasonable interest calculation to give out on the day as 8% is something they do argue afterwards; I ended up with 1% (£100 actually) which looking back is quite low from 2008 to 2013.:(

Also consider arguing for a days Court cost for loss of leave/salary which is in the CPR rules somewhere.

NB I only saw the money on Friday after they phoned me Tuesday (I was about to phone them as two weeks had passed - spooky timing). Vanessa (Chima maybe?) took my bank details; payment was in my account 4 days later. :j :beer:

Hi lactics just checking am I right in thinking that you have just won a court case for a flight that had taken place in 2008 as my court date is in november and Thomson have just written to the courts asking for the hearing to only be partly heard based on the fact that they have an appeal pending on the six year ruling as my flight took place in october 2009 to florida
JH

grazzzz

jenn1ewest1 wrote: »

Hi lactics just checking am I right in thinking that you have just won a court case for a flight that had taken place in 2008 as my court date is in november and Thomson have just written to the courts asking for the hearing to only be partly heard based on the fact that they have an appeal pending on the six year ruling as my flight took place in october 2008 to florida
JH

When did you first put in your claim if it's within the 6 years you should be ok

jenn1ewest1

grazzzz wrote: »

When did you first put in your claim if it's within the 6 years you should be ok

Hi grazz
typing error it was 2009 and I started court proceedings back in 2009 it just seems that thomson are choosing to actually pay out some claims then using stalling tactics for some which doesnt seem very fair
JH

grazzzz

Centipede100 wrote: »

78 successes now reported on this forum after legal action has been initiated. I haven't kept a tally of losses in court but I don't believe that these are yet into double figures so the advice given on here that taking legal action (or appointing a NWNF company) is the best way of recovering any compensation due remains valid.

As you know without the help of yourself and many others on here I would not have known where to start however I did and won I would say to anyone who thinks it a daunting challenge ,yes it is however if you stick to the advice given or asked for you have a chance if you believe you have a valid claim
If I can do it anyone can

Thesiteagent

Just got back from my time in court. After Thomsons not supplying documents when they should have, they didn't even show up to the court. The judge was not best pleased, neither was I. I was looking forward to the argument as I was that confident in my case.
All I had to do was supply him with detailed amounts and bingo, Judgement in my favour!!
RESULT!!:beer:

Thesiteagent

Can I say a big thank-you to everyone on this forum for all the help and guidance that is so freely given to anyone.
Your help gives people the courage to pursue the airline through to the end.
Thank-you

JPears

Centipede100 wrote: »

78 successes now reported on this forum after legal action has been initiated. I haven't kept a tally of losses in court but I don't believe that these are yet into double figures so the advice given on here that taking legal action (or appointing a NWNF company) is the best way of recovering any compensation due remains valid.

However Centipede, I'm getting the impression that the few lost cases are where the airline actually turns up, has done their homework, got the facts correct, provided evidence and correct witness statements. A well trained legal rep seems able to then win over the Judge.

Long may the incompetence of the airlines and arrogance of the ill prepared barristers continue!

Goniners

Thesiteagent wrote: »

Just got back from my time in court. After Thomsons not supplying documents when they should have, they didn't even show up to the court. The judge was not best pleased, neither was I. I was looking forward to the argument as I was that confident in my case.
All I had to do was supply him with detailed amounts and bingo, Judgement in my favour!!
RESULT!!:beer:

Why can't Jet2 be just as obligingly useless?

Mehmet99

Submitted MCOL claim against Virgin (see Virgin thread post #1077) and received a cheque for full amount. Thanks to all who have posted.

dundee1111

See KLM/AF post #301,another success albeit before it went to court.