Court success thread

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Comments

  • SimonD316
    SimonD316 Posts: 330 Forumite
    First Anniversary Combo Breaker
    Chalk up another 'Court' win against Thomson...

    I sent the first letter off almost 12 months ago when the MSE newsletter initially mentioned we could claim. It took Thompson ages to reply, and when they did it was their form to fill in. Eventually I got a long winded reply claiming we had to claim within 2 years etc..

    Several letters back and forth, before finally starting court proceedings in July. They said stated they would defend within a few days, and submitted their defense with a few days to go. When I received the copy of their defense I also received a separate letter offering 50% of the claim. I sent them a reply rejecting this, and saying I would only settle for the full amount plus court costs.

    They replied to say they would pay the full amount plus court costs, and the cheque would follow in the post. This morning the cheque finally arrived :j

    My flight was delayed by over four hours in June 2010, their defense was the standard 2 year Montreal limit and crew over hours as a result of Ash Cloud rescue flights!

    Thanks for the advice everyone :D, and if your fighting don't give up.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Well done SimonD! :beer:
    Excellent result - and a good steer for anyone offered half the amount: if the airline do this, it's because they know they haven't a leg to stand on!
  • romanby1
    romanby1 Posts: 294 Forumite
    Centipede100 wrote: »
    Wins now up to 63 following starting of a legal claim. Not sure of the losses but am guessing about 6-8.
    Must now be about 67 to 6-8 losses. Approx a 10-1 win rate .Not bad odds.
    I assume there must be wins where claimants have not posted on this site, so the odds may be a lot better.
  • paulinho121
    paulinho121 Posts: 9 Forumite
    If going through the small claims court, there is always going to a be the risk of some Judges deciding claims differently on the same facts.

    Probably best to reach a settlement unless you have the time and inclination to push it all the way.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Depends surely on what kind of settlement. Given the odds in the claimants' favour, I certainly wouldn't settle for 50% of what is legally owed. Plus for many folk I suspect there is also a point of principle: the airline has treated them contemptuously, and so it is a matter of justice. But each to their own!
  • zzx
    zzx Posts: 36 Forumite
    Thomson have settled in full 3 weeks before court date. Given that they claimed EC due to air bleed system and that air bleed sysrem failure is EC according to the CAA " Guidelines" this is itself extraordinary.
    Worryingly if I had put my case to the CAA they would have advised me I had no claim and yet........The compensation is in my bank.

    Thomson have acted appallingly. They denied my claim from june 2010 as they were about to be granted a stay. Then after the October ruling they claimed I was timed out , citing 2 years limit, eventhough the stay prevented court action during those 2 years.
    hey then claimed there was no record of us having taken the flight and their system did not retian records as far back as 2010.
    The next day one of their high street shops had no problem accessing the records and gave me a printout showing we took the flight.
    Then they claimed Air traffic control had prevented take off causing a 17 hour delay as well as the 2 year rule.vThis they presentes as fact in their signed satatement of truth.
    when I countered with a reort from the business manager of Gatwick from 2010 rebutting the ATC argument they withdrew, claimed error and also withdrew the 2 year defence. i think this may have been a quid pro quo for the court allowing the switch of defence which now became a technicl fault, namelt air bleed system.
    I sent my witness statement relying heavily on Wallentin and the 2 test.

    Anyway success. Many thanks to all on these forums, particularly Vauban for the support and rapidly developed expertise.
    Many posts say "I am not a lawyer" yet the level of knowlwedge here does I believe outstrip much to be found in legal circles of a non specialist nature.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Well done ZZX - truly dreadful behaviour from Thomson, as you say. But it tells you something significant about their own assessment if their chances in court that they fold this late in the day. People: though there are no guarantees, the law is on your side. And you know what?: the airlines know it.
  • Horsedog
    Horsedog Posts: 3 Newbie
    Result.
    T.C. Decieded not to contest me claim. Cheque in bank, it will go towards next years holiday.
    Many thanks to Vauban for all help.
  • steve1500
    steve1500 Posts: 1,438 Forumite
    First Anniversary Combo Breaker First Post
    Horsedog wrote: »
    Result.
    T.C. Decieded not to contest me claim. Cheque in bank, it will go towards next years holiday.
    Many thanks to Vauban for all help.


    Can you give details, as will help others
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    steve1500 wrote: »
    Can you give details, as will help others

    The details were in an earlier post, I think: http://forums.moneysavingexpert.com/showpost.php?p=62368521&postcount=2619
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