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    • inspireme247
    • By inspireme247 30th Jan 18, 2:26 PM
    • 177 Posts
    • 60 Thanks
    inspireme247
    I've posted my case against TUI via http://forums.moneysavingexpert.com/showthread.php?t=5785953

    Please can I have your opinion?
    You will only fail to learn if you do not learn from failing.

    Save 2015 - #097 600/7000
    CC Outstanding #1: 2544 02/2017 #2: 398 09/2015 #3: 363 08/2015
    • jpsartre
    • By jpsartre 30th Jan 18, 2:41 PM
    • 3,493 Posts
    • 2,230 Thanks
    jpsartre
    As far as I know, the draft they refer to is made by the CAA, not the European Commision. You can find (non-binding) court rulings that claim crew illness is non-extraordinary and some that reach the opposite conclusion. It's a grey area and in these cases, the relevant question is usually going to be whether the airline took all reasonable steps to prevent the delay.
    • inspireme247
    • By inspireme247 30th Jan 18, 2:53 PM
    • 177 Posts
    • 60 Thanks
    inspireme247
    And also on the extraordinary circumstance it states short notice BEFORE the flight. But the pilot was seriously ill ON the flight while they were flying. So we had to fly back. So I don't think they have met the criteria because the pilot were already flying the flight. Do you agree with this?
    You will only fail to learn if you do not learn from failing.

    Save 2015 - #097 600/7000
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    • jpsartre
    • By jpsartre 30th Jan 18, 2:57 PM
    • 3,493 Posts
    • 2,230 Thanks
    jpsartre
    No, the fact that it happened after departure makes it more (not less) likely that the resulting delay is extraordinary IMO. But again, there are judges of the opinion that illness is non-extraordinary as it is an inherent part of running an airline. If you go to small claims court you just have to cross your fingers you get one of them
    • sclare
    • By sclare 30th Jan 18, 3:22 PM
    • 23 Posts
    • 48 Thanks
    sclare
    There is absolutely nothing that the airline could or should have done to prevent this delay. Consequently they will not be found responsible for it. It's just about the clearest example of an exceptional circumstance that I can think of.
    I hope the pilot was okay.
    • JPears
    • By JPears 30th Jan 18, 3:35 PM
    • 4,187 Posts
    • 1,139 Thanks
    JPears
    Agreed. A rare EC IMHO.
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    The alleged Ringleader.........
    • tiddles93
    • By tiddles93 31st Jan 18, 10:06 AM
    • 20 Posts
    • 5 Thanks
    tiddles93
    Definitely extraordinary circumstances, I sincerely hope the 1st officer recovered.
    • jacqhale
    • By jacqhale 2nd Feb 18, 1:40 PM
    • 307 Posts
    • 415 Thanks
    jacqhale
    We had some good news this morning! Letter from the court saying as Thomson did not reply to the claim form they are being ordered to pay us our compensation, interest and expenses. Comes to about 1900 for the 4 of us, it was a Rhodes > Bristol flight back in May 2017. I have no idea how long it will take them to pay but it's a step in the right direction at least.
    • legal magpie
    • By legal magpie 2nd Feb 18, 3:59 PM
    • 922 Posts
    • 404 Thanks
    legal magpie
    It’s very unusual for Thomson to miss a court deadline. You can enforce the judgment whenever you like. You don’t have to wait for them to pay. Get the sheriff to levy on an aircraft!
    • JPears
    • By JPears 2nd Feb 18, 4:09 PM
    • 4,187 Posts
    • 1,139 Thanks
    JPears
    Did you apply for judgement by default?
    Remember Thomson could still apply for set aside, but they would have to provide the judge with good reasons.
    Time takne to get money?
    As long as you let them.
    You may need baliff/sheriff to get payment. Lets hope not.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • pfogg
    • By pfogg 6th Feb 18, 5:40 PM
    • 4 Posts
    • 0 Thanks
    pfogg
    Thomson flights
    Did anyone travel on the Thomson flight from Montego Bay to Manchester on 21st June 2012? If you did, have you got the flight number, and have you made a claim for the delay? Thanks
    • davestones
    • By davestones 12th Feb 18, 4:43 PM
    • 20 Posts
    • 8 Thanks
    davestones
    I have won a case against TUI on CEDR on 25 Jan and TUI uploaded a letter confirming this and asking for bank details. I sent these and it marked the case settled however they are yet to pay, I have also sent them a chaser email to their flight delay claims email addresss with no response.

    What is the next step in getting them to pay? Do I have to start a court action or is there any other mechanism I can twist their arm with? Social media seems useless as they have just referred me to their email address in the past!
    • smartly
    • By smartly 12th Feb 18, 6:54 PM
    • 95 Posts
    • 44 Thanks
    smartly
    Email their legal department, it has been posted before if you search.
    • JPears
    • By JPears 12th Feb 18, 10:26 PM
    • 4,187 Posts
    • 1,139 Thanks
    JPears
    Let CEDR know that they have not paid. They can't/won'tdo anything much. And then progress your complaint to the CAA.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • mooretr
    • By mooretr 14th Feb 18, 5:20 PM
    • 10 Posts
    • 3 Thanks
    mooretr
    Re Flight 616 BHX - LRM
    CEDR found in my favour this morning. CEDR process has been quite painless. Now to get them to pay up the compensation!
    • JPears
    • By JPears 14th Feb 18, 5:23 PM
    • 4,187 Posts
    • 1,139 Thanks
    JPears
    Good luck - see posts above!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wilding45
    • By wilding45 14th Feb 18, 8:28 PM
    • 1 Posts
    • 0 Thanks
    wilding45
    CEDR award isnt the end
    CEDR has found in my favour and have notified me that they are in meetings with TUI about why they have not paid agreed amounts .

    In my case CEDR did not have to make a ruling as the airline offered to pay a fixed sum - which is overdue. I may therefore have to go to court anyway - so the best solution is probably to send letter before actoion stating that you would like to mediate but have heard that offers are made and not honoured so you will be going to court unless the money appears. You should not be looked down on by the court as the other side do not deserve the benefit of the doubt.
    Last edited by wilding45; 14-02-2018 at 8:28 PM. Reason: spelling
    • legal magpie
    • By legal magpie 14th Feb 18, 9:42 PM
    • 922 Posts
    • 404 Thanks
    legal magpie
    Tui failing to honour CEDR awards is becoming all too frequent. Perhaps the press or TV would be interested especially as the CAA doesn!!!8217;t seem to be doing anything to force their hand.
    • JPears
    • By JPears 14th Feb 18, 10:04 PM
    • 4,187 Posts
    • 1,139 Thanks
    JPears
    Please a make complaint to the CAA. They have washed their hands of the whole farce and debacle of what is supposedly UK A and EU law.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 14th Feb 18, 10:45 PM
    • 1,640 Posts
    • 715 Thanks
    Tyzap
    Re Flight 616 BHX - LRM
    CEDR found in my favour this morning. CEDR process has been quite painless. Now to get them to pay up the compensation!
    Originally posted by mooretr
    Thats great news, well done

    Lets hope others also get their compensation too.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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