Thomson 2 Year Defence

Wight_Rabbit

Hi

Sorry for not posting this directly on the Thomson thread but I find things soon get buried!

We are currently suing Thomson for a delay back in 2008. We have a hearing date early September and have now had all bundles and defences.

Thomson's defence followed the pattern of the Montreal Convention limiting our claim to two years but also Extraordinary Circumstances as an "alternative".

The bundle arrives which was made up of a lot of papers including some very peculiar rulings. One concerning Greater London Council. Kay and others v London Borough Council 2006. Also HMRC v Amia Coalition Loyalty UK.

What these have to do with a flight delay I cannot understand.

Anyway there was also a letter that stated that Thomson no longer intend to rely on the Extraordinary Circumstances defence.

So in a nutshell they simply intend to defend the fact that we have only two years to claim.

Is anyone else in this situation and also have their been any successful claims in court (not out of court settlements) where they have relied on this and failed?

Not long until Thomson have a holiday themselves. On the Isle of Wight. :T:T

Caz3121

whole thread dedicated to this

https://forums.moneysavingexpert.com/discussion/4489367

Davidvgoliath

Wight_Rabbit wrote: »

Hi

Sorry for not posting this directly on the Thomson thread but I find things soon get buried!....

:T:T

Stick with it, they have abandoned their EC defence so are well on the back foot here in my view. The 2 year thing smacks of desperation.

Wight_Rabbit

On the thread Caz listed there is an entry that says their case was struck out on the Montreal Convention.

On my paperwork I strictly stated this is NOT a claim under the Montreal Convention and cited the More judgement.

Having spent time picking the EC's apart now I find they simply want to hone in on the 2 year limit as a defence with no regard to the ECs.

If you Google this type of claim the No Win firms state that it is six years, consumer sites the same including Watchdog.

What a waste of time going to court for this when clearly the time limit is six years and they are not even fighting the EC part.

Mark2spark

There's also a recent post on the Thomson thread where the judge threw out the 2 yr claim, it was county court too, not small claims court.