MSE News: Flight delay compensation: It's an airline lottery for passengers

nickymundy_2

nickymundy wrote: »

Hi, am in the middle of claiming against Wizz Air who are claiming that they cannot find us on their systems anywhere. I have sent them all details that Lastminute.com had and they said they still couldn't find us. I have sent Lastminute.com confirmation email and am now awaiting a response. As the flight was back in 2010, we do not still have the boarding passes and wondered how we can prove we were on the flight if we have to. Any advice will be appreciated

Wizz Air have now denied my claim, using the Montreal convention as my claim is more than 2 years (2010)Have now applied to CAA, am awaiting a response. :mad:

111KAB

nickymundy wrote: »

Wizz Air have now denied my claim, using the Montreal convention as my claim is more than 2 years (2010)Have now applied to CAA, am awaiting a response. :mad:

As mentioned numerous times on numerous threads - the CAA are not likely to be of any help.

Pappabatch

With Thomson sticking to the 2 year stance, as they have lost in the Dawson court case and been given leave to appeal. Does anyone know if they have taken up this option and applied to the Court of Appeal for a ruling? The final response I have received (a third) seems to show that they are hoping that each county court judge will rule in their favour! My next move is to get a ruling from the Spanish CAA before smalls claims action. If I knew if Thomson was going for an appeal ruling I would wait for that, as It would put all County Court action on hold!

Vauban

It has gone to appeal at the High Court, for a hearing sometime next year. Providing your flight wasn't before 2009, you could choose to wait. But Thomson are not staying all claims beyond 2 years and folk are still winning cases - so it's all a bit random!

nigelpm

Does anyone know if they have taken up this option and applied to the Court of Appeal for a ruling?

Yes, they are appealing.

Trial window is 14th Jan 2014 - 30th May 2014

Pappabatch

As my flight delay was 2010, I think I will await Thomson appeal court ruling as my claim is already registered with them so I am we'll within the 6 year limit. Going to smalls claims court and winning does not mean that Thomson would pay even if they lost.If the appeal court ruling is upholding the 6 year rule Thomson will have nowhere to go in my case as it was a maintenance issue, compounded by having to fly an engineer from Palma to Mahon and then with no hydrolic oil available had to fly that from Manchester! Total 7hrs 55mins delay on landing! Thanks to all on your replies. Regards Pappabatch :j:j

DTDfanBoy

Pappabatch wrote: »

Going to smalls claims court and winning does not mean that Thomson would pay even if they lost.

I think that in the vast majority of cases Thomson will always pay up if they lose in court

If they don't pay up you can get a High Court Enforcement Officer to get you your money, providing the amount is for over £600. They can force entry into commercial properties and seize assets, I don't think Thomson would ever consider not paying under such circumstances

Mark2spark

The possibility of Thomson further appealing a lost court of appeal ruling, up to the ECJ, is a possibility, no?
Therefore putting all these 'deciding to wait' cases, in danger of going out of time?

nigelpm

The possibility of Thomson further appealing a lost court of appeal ruling, up to the ECJ, is a possibility, no?

Almost a certainty I'd say.

Therefore putting all these 'deciding to wait' cases, in danger of going out of time?

My understanding is that the "6 years" relates to the time from the delay to first instance of court action (i.e. filing of small claim) - this could of course be wrong.

nigelpm

Centipede100 wrote: »

By its very name, the CoA is the highest court in the land which rules on matters of UK law. There can be no appeal of a CoA judgment nor is there likely to be a referral of a point of UK law to any other court (inc ECJ which has already ruled on the narrow point of law at issue).

Not quite, they still have the Supreme Court :

http://en.wikipedia.org/wiki/Court_of_Appeal_of_England_and_Wales

Her Majesty's Court of Appeal in England,[1] commonly known as the Court of Appeal of England and Wales or, simply, the Court of Appeal, is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it.