A quick update.
An order was made by Edmonton County Court for TUI UK to return the allocation questionnaire by 4PM on the 16th October 2009 (bearing into mind that it should have been done by the 21st September).
Haven't received anything since in the post (most probably due to the numerous postal strikes) so will give the court a bell in the morning to see if said document was received.
If it wasn't, I can apply for judgement by default.
Will keep you all posted.
Mark
An order was made by Edmonton County Court for TUI UK to return the allocation questionnaire by 4PM on the 16th October 2009 (bearing into mind that it should have been done by the 21st September).
Haven't received anything since in the post (most probably due to the numerous postal strikes) so will give the court a bell in the morning to see if said document was received.
If it wasn't, I can apply for judgement by default.
Will keep you all posted.
Mark
Just spoke to the court.
TUI UK hasn't submitted the allocation questionnaire and the matter has now been referred to the judge. I should receive correspondence within the next 5 to 10 days.
The Court Order states:
Which I am guessing means I have achieved what I set out, eg getting compensation.
It is just a shame that it ended this way. Ideally I would have had this resolved without the assistance of the Court but once it did go to Court it is a shame that the case didn't go in front of the judge proper so I could prove my case with the Judge agreeing.
Will let you know what the letter from the Court says once received.
Mark
TUI UK hasn't submitted the allocation questionnaire and the matter has now been referred to the judge. I should receive correspondence within the next 5 to 10 days.
The Court Order states:
IT IS ORDERED THAT
Unless Defendant files Allocation Questionnaire by 4.00 pm on 16 October 2009. Defence do stand struck out and Claimant have permission to enter Judgment.
Which I am guessing means I have achieved what I set out, eg getting compensation.
It is just a shame that it ended this way. Ideally I would have had this resolved without the assistance of the Court but once it did go to Court it is a shame that the case didn't go in front of the judge proper so I could prove my case with the Judge agreeing.
Will let you know what the letter from the Court says once received.
Mark
Thanks Mark - good luck 
Well it looks like the Court gave me the wrong information over the phone as a hearing date has now been set. Will have to pay £100 court cost (within two weeks) and supply all documents to the court and TUI UK no later than 2 weeks before the court case.
Will keep you all posted but as the case is not until next year, it may be a while.
Mark
Will keep you all posted but as the case is not until next year, it may be a while.
Mark
Don't worry Mark just keep going and they will probably settle out of Court a few days before the hearing. Depending on what they offer will determine whether to accept or decline.
Good luck
Good luck
All the best Mark. A hearing was what you wanted wasn't it. It's just a shame you have to pay £100 up front 
If you win then I am not sure but it may well be that you will awarded costs. Need to look at the rules of the SCC in relation to costs etc loss of earnings and expensed for travel to the Court etc etc. BUT £100 is worth paying and even if they settle out of court and make you an offer ask for this cost to be added to the settlement.
Sue
Sue
The Court order states that the £100 will be refunded if the hearing is cancelled by me, providing the court is notified of this at least 7 days before the hearing.
I've already researched what is going to happen in court. Cost so far are included in my claim and I too understand that this cost of £100 may well be part of that settlement if I win the case.
Mark
I've already researched what is going to happen in court. Cost so far are included in my claim and I too understand that this cost of £100 may well be part of that settlement if I win the case.
Mark
They (TUI UK) appear to take it serious as they have now employed the services of a solictor 
Mark
Mark
Hi Mark
Just reading this as we're going through slightly similar at the moment and thinking of going to a small claims court, just interested in the processes and what your eventual outcome will be!
Best of luck to you x
Just reading this as we're going through slightly similar at the moment and thinking of going to a small claims court, just interested in the processes and what your eventual outcome will be!
Best of luck to you
x
To keep everybody updated.
The matter was brought to an end this afternoon in Court.
The District Judge ruled in my favour and all cost claimed (including the distress part of the claim) have been recovered including Court Cost and interest.
Mark
The matter was brought to an end this afternoon in Court.
The District Judge ruled in my favour and all cost claimed (including the distress part of the claim) have been recovered including Court Cost and interest.
Mark
Brilliant news, well done Mark!
Congratulations Mark. Now I hope that you will get publicity for your success and that other holidaymakers will pursue their claims in a similar manner.
Congratulations Mark. Well done for keeping at it
well done mark.....next time an airline thinks it can contract to provide a service...then offer less compensation than is due after being unable to fulfill there contracted obligations....they would save themselves a lot of money and hassle by reading this topic first....tweetie
Well done Mark, have watched the progress on this, am so glad you won - you have put a lot of time and effort in to this. Hope you have a good holiday with the money you were rewarded. 
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