Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears · 4 December 2013 at 6:22PM

SciTech wrote: »

Hi Success at last!
After 2 flight delays in 2010 I have now received and banked a cheque after initiating court proceedings against Thomson Airways. The flights were TOM2658 on 29/05/2010 and TOM2659 on 05/06/2010.
I had reached the 'allocation' stage when Thomson's offered a settlement. Achieved full amount plus costs.
I had initially claimed in 2010 but was refused due to pending appeal which was lost in October 2012 and then resubmitted my claim. Got the usual 2 year then EC before they offered to settle. CAA was useless as expected.
Thanks to everyone on this forum. the help and advice is outstanding but especially to HappyChap and SimonD.
Not sure what I shall do with my evenings now!!!

Congratulations SciTch. Another win chalked up

:T

razorsedge · 4 December 2013 at 6:25PM

davidbrian55 wrote: »

yes, pretty much. there's a difference between damages and compensation and the judgement in european court relating to this issue is compensation. Make sure your claim details the law and don't let thomson argue damages and compensation are the same.

I'll private message the arguement I used (cobbled together from various posts on here).

I have sent you a PM

matt2baker · 4 December 2013 at 6:32PM

Travel_Sick wrote: »

'This is Money' is conducting a poll for its Wooden Spoon award......no points for guessing that THOMSON is on the short-list for the way in which it is handling flight delay compensation claims.

Your chance to vote and shame THOMSON in public!

I don't think any award would do justice for Thomsons attitude, least of all a Wooden Spoon! They need a shovel for the hole that they're digging themselves into.................:D

legal_magpie · 4 December 2013 at 7:41PM

MGOR wrote: »

They're the questions Court asked Thomson. I chased up Court as they should have replied a few weeks ago. They did respond but I was not copied in - should I have been? I've asked the Court for a copy. The matter is with the Judge to consider the reponse and then issue directions. No doubt this will be followed eventually by a request for a stay pending Huzar appeal sorting itself out one way or another.

Yes you should have been copied into their reply but the way in which Thomson are handling this litigation is appalling.

zzx · 4 December 2013 at 8:20PM

suggest you contact the hotel or accommodation you stayed at and check their records. Then the court will look at the fact that you are claiming compensation from an airline and that you can prove you stayed at the hotel.

Again point out the had Thomson complied with article 14 of 261/2004 and issued you with written otification of your rights you would have kept the boarding passes.
As they failed in their legal obligation you were not aware you should keep the boarding passes. Your inability to produce the passes was causedby their failure to comply with the law.

Tigger74 wrote: »

Please can someone give me some advise.I have just received an amended defence from Thomsons. They are stating that we need to prove that we were on the flight.They say that as the flight was a first choice one and because it was in 2007 that they do not keep records that far back and have no way of knowing if we were on the flight.I did send a copy of the credit card statement , but thats all I have..They are also claiming the Montreal convention.
I really need some advise about what to do next.
Many Thanks in advance.

georgewn.1 · 4 December 2013 at 10:32PM

stevemej123 wrote: »

https://www.gov.uk/make-court-claim-for-money/work-out-interest

You have found one of the many sites that I have already looked at.
Thank you for your effort but it does not mention any statute or law dictating the actual percentage.
The wording is as follows"If you’re owed money by another business, you can charge! Interest on a late commercial payment.For other types of debt, the rate is usually 8%.".
The important word is usually.

razorsedge · 5 December 2013 at 12:53AM

georgewn.1 wrote: »

You have found one of the many sites that I have already looked at.
Thank you for your effort but it does not mention any statute or law dictating the actual percentage.
The wording is as follows"If you’re owed money by another business, you can charge! Interest on a late commercial payment.For other types of debt, the rate is usually 8%.".
The important word is usually.

Page 10 of this document from the Civil Justice Council is a bit more certain in its wording (click on the link that says 'A Guide to Bringing and Defending a Small Claim' :

http://www.judiciary.gov.uk/related-offices-and-bodies/advisory-bodies/cjc/litigants-in-person/

I think the 8% comes from this chain of Acts -
Section 69 of The County Courts Act 1984:
http://www.legislation.gov.uk/ukpga/1984/28/section/69

Section 74 of The County Courts Act 1984 provides powers for The Lord Chancellor to set interest rates on judgements:
http://www.legislation.gov.uk/ukpga/1984/28/section/74

You will note that para (5) refers to the Section 17 of the Judgements Act 1838:
http://www.legislation.gov.uk/ukpga/Vict/1-2/110/section/17

So, in my opinion, in the absence of intervention from The Lord Chancellor, Para (1) of Section 17 effectively states 8% in ye olde worlde talk.

However, there is also an opinion piece here:
http://www.lawcareers.net/Information/BurningQuestion/A-tale-of-interest

This para in the 'Interest awards in judgments (for the period before judgment)' section is worth noting too:

'In line with this principle, although a court could impose the 8% rate used in the Judgment Act 1838 (as amended), the preferred approach is to consider the "the rate at which plaintiffs with the general attributes of the actual plaintiff in the case (though not, of course with any special or particular attribute) could borrow money as a guide to the appropriate interest rate" as in Tate & Lyle Food and Distribution v Greater London Council. '

Emphasis on the word 'borrow' in the above paragraph, most bank current account overdraft rates are well over 10%.

georgewn.1 · 5 December 2013 at 1:59AM

razorsedge wrote: »

Page 10 of this document from the Civil Justice Council is a bit more certain in its wording:
http://www.judiciary.gov.uk/JCO%2FDocuments%2FCJC%2FPublications%2FOther+papers%2FSmall+Claims+Guide+for+web+FINAL.pdf

I think the 8% comes from this chain of Acts -
Section 69 of The County Courts Act 1984:
http://www.legislation.gov.uk/ukpga/1984/28/section/69

Section 74 of The County Courts Act 1984 provides powers for The Lord Chancellor to set interest rates on judgements:
http://www.legislation.gov.uk/ukpga/1984/28/section/74

You will note that para (5) refers to the Section 17 of the Judgements Act 1838:
http://www.legislation.gov.uk/ukpga/Vict/1-2/110/section/17

So, in my opinion, in the absence of intervention from The Lord Chancellor Para (1) of Section 17 effectively states 8% in ye olde worlde talk.

However, there is also an opinion piece here:
http://www.lawcareers.net/Information/BurningQuestion/A-tale-of-interest

This para in the 'Interest awards in judgments (for the period before judgment)' section is worth noting too:

'In line with this principle, although a court could impose the 8% rate used in the Judgment Act 1838 (as amended), the preferred approach is to consider the "the rate at which plaintiffs with the general attributes of the actual plaintiff in the case (though not, of course with any special or particular attribute) could borrow money as a guide to the appropriate interest rate" as in Tate & Lyle Food and Distribution v Greater London Council. '

Many thanks . Just what I needed.

eifiont · 5 December 2013 at 11:00AM

eifiont wrote: »

Afternoon all, Only just joined the site and looking for a bit of advise regarding a flight myself and my family were due on back in 2010 flight no tom 2545 from Mahon to Manchester we were due to depart at 22.00hr but were told at the check in line that the pilot had been taken ill and a replacement was not possible until the next day we were all transferred to a hotel in Menorca till the following day.I have checked flight stats and its saying the status is unknown. I,m wondering what do i do next do i have a case for flight compensation i still have all our flight cards ect would appreciate any help many thanks Eifion

Any advice would be welcomed many thanks

PERKIE · 5 December 2013 at 3:35PM

PERKIE wrote: »

I messaged doodle1234 who advised me that the flight above was TOM2656 on 13th July 2013. This was my flight, yet despite me following up my NBA to Thomsons with a letter stating I know they have already offered full compensation to a fellow passenger they have ignored my request. I am now left with no option but to take them to court. I have tried contacting doodle1234 again but they have not replied - I presume they no longer need the forum as they have received payment. Does anybody know a way I can prove in court that they have paid compensation on this flight?

I have just called Thomsons as a last ditch attempt before I completed my MCOL. They have told me that they are paying me full compensation! I am sure this is because I have told them I already knew they had paid out on this flight. No interest paid and euros converted at todays rate plus it might take a month to receive the check, but this is still more than double what I paid for the flight. I am still disgusted with Thomsons at the way the matter has been handled and am sure there must be other less tenacious passengers who have had claims rejected and not pursued the matter even when they are entitled to compensation. Thanks for all the info on this site, its been invaluable, in fact I have quite enjoyed getting my teeth into the nitty gritty of the law. Special thanks to Doodle1234 who was on the same flight and gave me her details. I will confirm when I receive payment.

Flight delay and cancellation compensation, Tui/Thomson ONLY

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