Flight delay and cancellation compensation, Tui/Thomson ONLY
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Morrissey653 wrote: »Hi, We were on the same flight. Please can you email me
We are also trying for compensation.
Thanks
Steve
You might want to remove your email address from a public forum. Use the private messaging system instead.The above is just my opinon - which counts for nowt! You must make up your own mind.0 -
Hi everyone,
So I received Thomson's defence a few weeks ago, full of C.A.P.E. errors which I won't detail here just in case Thomson legal do lurk on this forum. (I want to keep them to highlight in court!).
I later received a letter from Thomson requesting a stay (not surprising given the Huzar appeal) which I will not object to if they request formally through the court.
Yesterday however, I received a letter from the court entitled General Form of Judgement or Order, Order of the Court's Own initiative, which states "the defendant's must file a particularised defence in plain english . . . which of the allegations the defendant denies and, where there is a denial, stating the defendant's version of events . . . no later than 4pm 24/02/2014. Unless the defendant complies . . . the defence shall stand automatically struck out . . . . "
So, does this mean a judge has looked at the paperwork thus far and found their "evidence" (a 2-page unsigned statement, lots of errors and no detail re technical fault) lacking? Should I just stand back and see what happens? Or inform the court that Thomson have unofficially asked me for a stay?
Advice, as always, welcomed and appreciated!
Nicki0 -
nicki_d987 wrote: »So, does this mean a judge has looked at the paperwork thus far and found their "evidence" (a 2-page unsigned statement, lots of errors and no detail re technical fault) lacking?
Yes That's exactly what it means.nicki_d987 wrote: »Should I just stand back and see what happens? Or inform the court that Thomson have unofficially asked me for a stay?
Definitely stand back and see what happens.
If you haven't received a new defence on time then you should request judgment in default.0 -
This is an "unless" order. And under the Jackson reforms as applied in Mitchell, it's unlikely they would be given any leniency if they failed to comply and sought relief from sanction. So watch the calendar and on 25th February phone the court to see whether they have complied.
If not, apply for judgment.0 -
So, I've got my day on court on Friday. Quick details-
Birmingham to Cancun, delayed 4 hours on 22nd few2010.
Initially only 2 year limit quoted in correspondance, filed for small claims in Sept 2013. Their defence then sighed technical issues on another aircraft and knock on delays as ec. The court seemed to believe the 2 year limit, so I made an application countering it and a hearing on the 2 year limit has been set. Thomson have since written to me to say they are dropping the ECs, so this will in effect be the final hearing . They have submitted a huge bundle with all the odd cases on the end, wizzair etc, but the court hs said i dont need to do a bundle ,just bring coppies of things I want to refer to on the day.
I fully expect it will be stayed for Dawson, but why couldn't they just apply for that in writting? I'm sure it will cost them more to send a lawyer on the day!0 -
If they intend to apply for the case to be stayed they should do so now as if they turn up and ask for it on the day you will be entitled to seek costs from them for the wasted time.0
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I have just put two claims in . One to Thomson for a 6 hour delay on a flight back from Mexico for a family of five . Just received an email offering us a voucher for £2545.00 . They say it is paid in full and final settlement in relation to our complaint . Any advice as to if we have to accept vouchers ??0
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Not yet flown, but Thomson have changed my flights with a 6 1/2 delay, I booked am flight at great expense but they have moved me to a pm flight. I did not receive email confirmation on this, but I have to get connecting flight to gatwick as I live on an island and this will now incur and overnight stay on the return due to the late arrival. I booked the holiday for the flights available at the time of booking I also booked these flight in Sept 13 for an Aug 14 holiday. Thomson are saying it isn't a major change but it is to me. Anyone know where I stand.0
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Cleggydog1 wrote: »I have just put two claims in . One to Thomson for a 6 hour delay on a flight back from Mexico for a family of five . Just received an email offering us a voucher for £2545.00 . They say it is paid in full and final settlement in relation to our complaint . Any advice as to if we have to accept vouchers ??
It's the law I'm afraid. Vouchers only. Cash has been done away with. :cool:0 -
Sandramcuk wrote: »Not yet flown, but Thomson have changed my flights with a 6 1/2 delay, I booked am flight at great expense but they have moved me to a pm flight. I did not receive email confirmation on this, but I have to get connecting flight to gatwick as I live on an island and this will now incur and overnight stay on the return due to the late arrival. I booked the holiday for the flights available at the time of booking I also booked these flight in Sept 13 for an Aug 14 holiday. Thomson are saying it isn't a major change but it is to me. Anyone know where I stand.
If they have given you more than two weeks notice of the change, then their T & C's allow them to do this, although you have a right to a refund IMO. Getting it might be a task though.0
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