Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

stavros42 wrote: »

Well the 3rd of June has come and went and Thomsons have not lodged their defence. So its off to the court with form 11 filled in to get a decree against them.

'My' airline only submitted 7 days before hearing and judge accepted late information.

Jayneygirl64

Looking for some advice.... We put a claim in, in January 2013 regarding our 4+ hour delay from Gatwick to Cancun in December 2011. We were told at the time that the pilot had gone over his flying hours and they were trying to get a replacement pilot. My brother in law received a phone call today to say that we were not eligible for compensation as the delay was due to a blocked toilet on the aircraft. Seems funny that we were told by Thomson staff at the airport about the pilot, and now it's changed to a blocked loo! They are saying its a health & safety issue. I actually think its because there were 17 of us all on one booking! We have asked for them to put this in writing to us, and we will take further action. Any advice on what to do next would be very much appreciated.

stavros42

111KAB wrote: »

'My' airline only submitted 7 days before hearing and judge accepted late information.

Handed form 11 at the court today and was informed Thomsons lodged their defence 1 day late. Court was not impressed so they returned said defence to them, courts must work differently in Scotland.

Devonblue

We sent off our compensation 2 weeks ago and followed up on the phone today. Very arrogant guy answered the call telling me (proudly, I think!) that they've had 20,000 complaints since October and have recently doubled the team dealing with them; from 6 - 12. So we can guess that they are not taking things too seriously. We were advised that they were taking 90 - 100 days to respond. Is there any legal sanction to them to respond within the 14 days as laid out in the letter template?
Many thanks.

spaceaarvark

Devonblue wrote: »

We sent off our compensation 2 weeks ago and followed up on the phone today. Very arrogant guy answered the call telling me (proudly, I think!) that they've had 20,000 complaints since October and have recently doubled the team dealing with them; from 6 - 12. So we can guess that they are not taking things too seriously. We were advised that they were taking 90 - 100 days to respond. Is there any legal sanction to them to respond within the 14 days as laid out in the letter template?
Many thanks.

You obviously cannot force them to reply within 14 days. Your NBA essentially says "please reply within 14 days, and I am warning you that if you don't I am prepared to take this matter to court".
If they then do not reply within the time period (and you might allow a little extra just to show how reasonable you are) it is up to you to carry out your threat, or not, depending on how determined you are.
If they simply do not have enough staff to deal with the flood of complaints that is something they have to deal with - you certainly do not have to accept a decision from them that they are not going to respond for 3 months, six months, two years or whatever takes their fancy...

romanby1

Good News.
It isn't exactly a court success ,but yesterday we received a letter from Thomsons with an offer to settle.
We have accepted on the proviso that the money is in our account by the end of next week otherwise we will be sending the documents for the hearing to the court.
We haven't got everything we asked for but a good offer.
We are puzzled why they did not wait for us to send the documents to them that we were going tor rely on in court.
If you have a good case don't be put off by Red Herings like the 2 year rule and The Montreal Convention etc or other rubbish defences of Extraordinary Circumstances where it is clearly not.

LULU5779

Submitted MCOL on 24th May 2013
Issued to TUI on 28th May 2013
TUI responded on the 4th June " Intend to Defend all the claim"

I am now feeling a little uneasy about the speedy reply

stavros42

stavros42 wrote: »

TOM 743. 25/06/11 Punta Cana to Glasgow,

Good news in the post today thomsons have agreed to settle in full?, interest and costs in all, but under the basis that the infant that travelled with us does not get compensation(we paid 30 pounds for her). Don't think they have got a leg to stand on seeing as the court returned their defence as it was late and I am assured I will get a decree against them for the full amount.

stavros42

stavros42 wrote: »

stavros42 wrote: »

TOM 743. 25/06/11 Punta Cana to Glasgow,

Good news in the post today thomsons have agreed to settle in full?, interest and costs in all, but under the basis that the infant that travelled with us does not get compensation(we paid 30 pounds for her). Don't think they have got a leg to stand on seeing as the court returned their defence as it was late and I am assured I will get a decree against them for the full amount.

Just had a phone call from Thomsons legal dept and they have accepted that infants do qualify for compensation as long as any payment is made for them. First of all I would like to give my sincere thanks for all the information posted on these threads (you know who you are) and secondly if you truly believe in your case go for it.

stavros42

stavros42 wrote: »

stavros42 wrote: »

Just had a phone call from Thomsons legal dept and they have accepted that infants do qualify for compensation as long as any payment is made for them. First of all I would like to give my sincere thanks for all the information posted on these threads (you know who you are) and secondly if you truly believe in your case go for it.

Well it was a grind but Thomsons relented and offered £2428.90 for all 4 passengers including the infant.