Flight delay and cancellation compensation, Thomas Cook ONLY

JackieBear

:j:j:j

After one last final phone call on Thursday, SUCCESS.... I made the threat not to accept payment after today, unless it was from the Sheriffs Officers that I intended to send.

This morning I received a cheque for full and final settlememt. I got the historical exchange rate along with 8% interest and fees.

It's been a long 2 years in getting to this point and TC and Weightmans have not made it easy. But we are there....

Thanks for all the advice and the best of luck to everyone who is still fighting. Most importantly Don't Give Up!!!

Cheers :beer:

JackieBear

Why are TC asking me now to sign a notice of discontinuance of claim? The case was won and a DJ awarded in my favour, case closed. I am not pulling out of the claim so to speak. I was under the impression that a notice of discontinuance was to protect the defence and allow them to claim back costs incurred during a frivalous claim.

Vauban

JackieBear wrote: »

Why are TC asking me now to sign a notice of discontinuance of claim? The case was won and a DJ awarded in my favour, case closed. I am not pulling out of the claim so to speak. I was under the impression that a notice of discontinuance was to protect the defence and allow them to claim back costs incurred during a frivalous claim.

You are right. The case is over. There is nothing to discontinue. TC incompetent right to the very end ...

JackieBear

Thank you Vauban.

batman44

Vauban wrote: »

You are right. The case is over. There is nothing to discontinue. TC incompetent right to the very end ...

Although you are right Mr vauban my dear fellow as normal, the Notice Of Discontinuance is just a formality telling the court they have settled all of the claim and that you have give up your right to pursue this particular claim any further. No it does not give them the right to claim back anything from you, I wondered that until I asked a relation of mine who works at a civil court who told me that it is only there to stop claims of a harrassment nature, not legitimate claims and they do not or will not be able to claim from you as they would of had that chance as a counter claim months ago during the court process. This discontinuance notice is basically saying to all parties its all over! I can say been there done that! lol:)

If they have not settled and paid you out in your bank all of your claim then do not send one and tell them that until it's been settled.

batman44

JackieBear wrote: »

Why are TC asking me now to sign a notice of discontinuance of claim? The case was won and a DJ awarded in my favour, case closed. I am not pulling out of the claim so to speak. I was under the impression that a notice of discontinuance was to protect the defence and allow them to claim back costs incurred during a frivalous claim.

I was under the impression that a notice of discontinuance was to protect the defence and allow them to claim back costs incurred during a frivalous claim - Correct

Money in the bank then send the court the notice copy in TC solicitors, this is just a formality. Weighmans get paid on the notice so hold it back! lol

Vauban

batman44 wrote: »

I was under the impression that a notice of discontinuance was to protect the defence and allow them to claim back costs incurred during a frivalous claim - Correct

Money in the bank then send the court the notice copy in TC solicitors, this is just a formality. Weighmans get paid on the notice so hold it back! lol

A notice of discontinuance would be appropriate where the airline had agreed to settle before judgement. But - and I defer to legal minds - it is irrelevant where the case has concluded with a judgement. Once a judge has ruled, and there is no appeal, the case has concluded, surely? The Court doesn't need advising of the fact.

NoviceAngel

Vauban wrote: »

A notice of discontinuance would be appropriate where the airline had agreed to settle before judgement. But - and I defer to legal minds - it is irrelevant where the case has concluded with a judgement. Once a judge has ruled, and there is no appeal, the case has concluded, surely? The Court doesn't need advising of the fact.

Yes, I agree, how can you discontinue a case when it's over and Judgment entered...

I wouldn't sign one when the case is over, that's just my opinion anyway.

In fact just to add 2birds, are not requesting this AFAIK....

batman44

Vauban wrote: »

A notice of discontinuance would be appropriate where the airline had agreed to settle before judgement. But - and I defer to legal minds - it is irrelevant where the case has concluded with a judgement. Once a judge has ruled, and there is no appeal, the case has concluded, surely? The Court doesn't need advising of the fact.

You may be right our lord Vauban, maybe this is a formality required on their part so they get paid off TC, or It could mean if they had that then it does not go against them on the record. I would presume that it would only be that it does go on the record as the case is officially over even though it has had judgement, or that it could well be pure incompentence from the admin dept asking for it in the first place knowing full well they lost!

supermac9

Just spotted these:
http://www.bottonline.co.uk/flight-compensation-latest-news/ruffling-the-airlines-feathers
http://www.travelweekly.co.uk/Articles/2015/04/28/53996/bird+strikes+ruled+not+extraordinary+circumstances+in+compensation+case.html