Court success thread

rusty_frog

Delay Thomas Cook flight TCX253L - 19/03/2011- Hurghada/M/cr

Just a note of thanks for all the advice and encouragement given to me on this forum, in my quest for compensation from TC.

They have settled in full prior to going to court.

If I can be of any help to any others in making a claim against TC re. this flight, feel free to pm me.

Good Luck everyone!

chili2001

TC have claimed that they didn't receive my original court documents being served on them (but they got the default judgement, funny that) and are applying for a set aside.
Clearly they seem to do this to everyone so would it be possible for anyone who has had delayed or ignored court papers to PM me so I can get proof that TC are playing games and deliberately ignoring court papers? If I can show these to the court then they hopefully should let the default judgement stand and throw out the set aside request.

Vauban

A pity that people have stopped reporting their legal successes on this thread. But I think I've read of four in the last two days alone.

Mark2spark

I think the pattern - like the initial reporting of Monarch replies on the OP of the Monarch thread, - is now clear mate.

Thesiteagent

Vauban wrote: »

A pity that people have stopped reporting their legal successes on this thread. But I think I've read of four in the last two days alone.

Speaking personally, I couldn't wait to be in a position to post on this thread.
Once again, many thanks guys.:T

Mark

pedritothegreat

I have today recevied 2 emails from Virgin Atlantic Airways stating that they have sent me a cheque for the full amount claimed which incidentally, included interest! My compensation claim was for a flight delay: VS 31 on 29 January 2008 to St Lucia which was according to the flight stats 245 minutes late (over 4 hours).
I initally wrote to Virgin who rejected my clain 'unforseen circumstances' I then made a claim using MCOL which was straightforward and easy to follow an I have won my case. Thanks again to all who contributed to this forum.
:beer:

panholio

My hearing was held this morning at 10am in the Leeds County Court and I won. My case was against Thomson for a 23 hour delay on a flight from Manchester to Jamaica in September 2011.

I submitted a claim back in July through MCOL for myself and my partner, but made the schoolboy error of not adding her name onto the form, only mentioning "my partner" on the particulars.

Thomson defended, refused mediation and their initial defence stated extraordinary circumstances due to the failure of an Electronic Engine Control power supply.

We were allocated to the small claims track and again they refused mediation. I submitted my court bundle 2 weeks before. Vauban kindly sent me his court bundle for assistance which was a great deal of help. I focussed my argument on the Wallentin judgement and included a number of relevant documents. I also included the NEB "guidelines" and made clear they were non binding.

Thomson's court bundle was sent to me on time by recorded delivery. They included 2 witness statements. It was very poor. The name on one of the witness statements didn’t match the contents page and the statements totally contradicted each other including times of faults being found and plane registration numbers. I was confident they hadn't provided enough evidence and was looking forward to my day in court. They then sent another page the next day claiming they had missed it out. It contradicted the statements even further.

Yesterday I realised that I could provide documents on the day and I read about the recent Judge Platts case. NoviceAngel kindly gave me a copy. I printed three out before today and handed one to the usher on arrival.

Thomson sent a young Barrister, nice chap, who introduced himself to me and stated that they weren't disputing I was on the flight and they would only be looking to defend the extraordinary circumstance.

He handed me his skeleton argument and I handed him the Huzar case I had printed and said I have given this to the judge. I had put a note on the front drawing their attention to finding 27.

I was quite nervous… We were called in. The Judge was not messing about. She explained that I had kindly given her the case document this morning and the Thomson Barrister explained I had given it to him. She said "that is very good of Mr Panholio". He said it was no criticism on me to have submitted it at this late stage - the Judge went mental at him and gave him a good dressing down saying it was no criticism on me AT ALL!!! It was quite frightening. She asked if the Thomson Barrister had read it – he said “I’m just getting to the last page”. She said “come on Mr Panholio has pointed out the bit you need to read on the front!” She went on to say that she had already seen this case and that the decisions made on it were, whilst not binding, extremely compelling and she told the Thomson Barrister that he needed to "seek instructions". She let us go out for half an hour and he disappeared off looking sheepish.

He returned and offered to settle with me, costs, interest the lot in the waiting room. However he said as my partner was not on the original claim he would contest this and was only prepared to pay out for 1. I said that was crazy and that if that was the case I'd be seeing him again.

We were called back in. He explained the situation and that he wouldn't pay for my partner. The judge immediately turned to me and said "do I have your permission to add you partner to the claim?" I said "er...yes" and she turned the Barrister as if to say "ok next move mate”. He then totalled up all the claim for me. I was awarded interest at 2% and costs for missing work.

The Judge then asked me where I had got the Huzar case from as she had only been issued it yesterday. She said "are you on an internet forum?" I said "yes". "Which one if you don't mind?", Me:"MSE"... she said "they are quick off the mark".

And that was it. The Barrister said he was impressed with my documents and thought he was up against another legal person (thanks again Vauban).

And thanks to everyone on this forum.

Interestingly a Jet2 case was on the same day as mine. They hadn't turned up.

Vauban

Very well done indeed panholio - a great result. Is the writing on the wall for the airlines, with the Platts judgement? It's certainly starting to look that way, but it's still early days ...

Vauban

Centipede100 wrote: »

At least it should be given more weight than certain 'guidelines' we won't mention!

Shhh! :shhh: Don't mention the "guidelines"! I mentioned them once but I think I got away with it.:rotfl:

David_e

panholio wrote: »

My hearing was held this morning at 10am in the Leeds County Court and I won.

Excellent! Well done! A great write up too.