Cancun to Manchester Delay flight Tom195

pryfin

Hi
Just wondering how everybody is getting on with their flight delay compensation, we have been to the small claims court on Monday where Thomson didn't even bother turning up after requesting 42 days in order to "enter into discussions with the claimant" but we didn't hear anything,The Judge advised us to get legal advice, not sure where or what to do next,we received a letter today from the court telling us that a hearing will take place on the 23rd of January and that there will be a hearing fee of £335 is payable by the 9th of January can anybody help?
Reason for delay, flight path home requires we fly through US Airspace and in order to do so they have to request permission from the US Aviation Authorities. Unfortunately, the system they use did not respond. Any help or advise would be greatly appreciated.

JPears

pryfin.
Firstly you should have posted this in Thomson thread - please do not start your own thread otherwise we would never find anything.
Secondly, an odd one. Was the 42 days up when you went to court on Monday? Surely the Judge should have rejected any defence from Thomson if they didn't turn up? What is the full title of the hearing on 23rd January? Have you submitted a defence bundle to Thomson and Court? Or have you received a defence bundle from Thomsom?
Perhaps legal magpie, who seems to know about these things, can shed some light?
How much are yu claiming? That seems a large fee for the hearing.

pryfin

I am really sorry for posting in the wrong thread, Yes the 42 days were up by Monday ,the full title of the hearing is the small claims track, We are claiming for 6 people for 600 euro each for the 19 hour delay.
we sent all our paperwork to the court, and received Thomson Bundle back in June, the Judge has allocated 90 minutes for the hearing. Not sure if it is worth carrying on due to the fee plus the original £120 fee seems a lot to risk for this case. Judge recommended we needed legal advice but that is extra cost again, any advice would be great .

JPears

What was your known reason for the delay and whats their defence?
What was the title and purpose of the court meeting on Monday?

pryfin

19 hour delay in Cancun due -after Jet was denied permission to fly through US airspace due to Paperwork error passengers details were not entered into database correctly- obviously human error
Their defence the failure in processing of passenger information by third parties and their systems which they have no control over.
We were in court on Monday because the Judge had requested the case be listed for further directions, due to the stay being lifted after the Hazar v Jet 2 case

JPears

Thats no EC defense, Regs state quite clearly that airlines are free to claim recompense from 3rd parties. They have the operational choice to subcontract to a third party.
What actually happened on Monday then?

pryfin

The Judge didn't seem to know much about the case and because Thomson didn't turn up he didn't seem to be interested and told us to get legal advice and come back for a 90 mins hearing. Im not sure If he has had all our paperwork because originally we were supposed to be at Liverpool, then York small claims court but then it was passed on to our local court. Does anybody think we have something to go on, I don't really want to loose another £300 on this plus solicitor fees.

Vauban

You really shouldn't spend money on solicitors' fees: you won't get these back even if you win (unlike the hearing fee).

If you are unsure about proceeding, I would enlist the help of a NWNF lawyer such as Botts and see if they'll take on your case (for about 30% of your award if you win) - at no risk to you.

Your case isn't straightforward and you sound like you could do with some help.

richardw

JPears wrote: »

Thats no EC defense, Regs state quite clearly that airlines are free to claim recompense from 3rd parties. They have the operational choice to subcontract to a third party.
What actually happened on Monday then?

Exactly.....