Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Longhair wrote: »

So...this is an interesting one...

Was forced to file against Thomson as they kept claiming Extraordinary Circumstances when we all know this still does not cover them. Many letters went back and forth, what a waste of my time.

They forced me to take the matter to Court. They then offered to settle the claim before their defence was due - for what the Pound equivalent of 250 Euro was SIX YEARS AGO (about £45 less than what it is worth now) and with no interest - the interest added to my claim, as it is six years old, is worth £100, and I feel it is deserved as I have had to take legal action to get Thomson to cough up in the first place.

So 2 questions peeps

1) Are they allowed to pay this out for what 250 Euro was worth six years ago, and

2) do I have a right to ask them to pay the interest even if we settle this before it goes to Court? I would have thought if the final total I am pursuing in Court is PLUS INTEREST, then I have the right to ask for a settlement of this much?

I won the case by default by the way, for the full £370 I wanted, and then they said "oh we sent you a cheque and settled this."

Only I sent them a letter telling them not to send the cheque as I wasn't happy with the settlement they proposed, and they did anyway.

They have now written a letter to the Courts (not an application) asking for the default to be struck out as they already settled my claim! The cheek of it eh?

That is quite cheeky.

In answer to your questions:

1) Yes it is the sterling equivalent of the exchange rate at the time of the delay;
2) You are free to ask the court for interest (or the airline if you are settling out of court).

I am slightly confused though: can you be clear on timelines:

- when did you start legal proceedings against the airline?
- when did the airline try to settle and sent you a cheque?
- when was the hearing before the judge, and what did s/he award you?

Lexy_D

Hi,
First of all, @ Mark2spark, thank you for your reply :-)

Regarding my original post, #1363, the letter I received is very similar to the one that mdcollins1984 received, post #1605, quoting 'technical problem occurred while aircraft was in-flight and not detected during routine maintenance'. I didn't receive any forms either!

This has made me wonder if Thomson are using the 'technical problem occurring in-flight' as a new deterrent to stop people pursuing their claims any further?

In my case, I have decided to use a NWNF company. I 'assume' they have accepted my claim as they are presently awaiting a reply from Thomson.

I will keep you all informed of any progress concerning my claim, or, as I have seen in a previous post, the company decide that my claim is 'too complicated and don't think they will win'.

Lexy

Mummytobe26

Hi

Just thought I would add my experience:

I completed the delayed flight forms and received a response stating that Thomson would not pay compensation due to the delay being as a result of 'extraordinary circumstances' from unexpected flight safety shortcomings. However after re-reading the letter (it was very long), I noticed they had given me two differing reasons for the delay although both of which apparently fall under 'extraordinary circumstances'. The first reason was that the previous flight had a technical issue in flight and had to return causing a knock effect delaying my flight, the second reason was that my flight had a technical problem detected just prior to its departure which was outside of routine maintenance checks.

I have replied to the letter asking for clarification of the exact reason for delay and pointed out a couple of court cases, Wallentin-Alitalia in relation to the routine maintenance reason and Finnair v Lassooy for the previous flight knock on effect. I have been told it could take 56 days to respond, although it took them longer than this to reply to my original claim form.

Has any received compensation yet without having to go back and forth with Thomson?

romanby1

Mummytobe26 wrote: »

Hi

Just thought I would add my experience:

I completed the delayed flight forms and received a response stating that Thomson would not pay compensation due to the delay being as a result of 'extraordinary circumstances' from unexpected flight safety shortcomings. However after re-reading the letter (it was very long), I noticed they had given me two differing reasons for the delay although both of which apparently fall under 'extraordinary circumstances'. The first reason was that the previous flight had a technical issue in flight and had to return causing a knock effect delaying my flight, the second reason was that my flight had a technical problem detected just prior to its departure which was outside of routine maintenance checks.

I have replied to the letter asking for clarification of the exact reason for delay and pointed out a couple of court cases, Wallentin-Alitalia in relation to the routine maintenance reason and Finnair v Lassooy for the previous flight knock on effect. I have been told it could take 56 days to respond, although it took them longer than this to reply to my original claim form.

Has any received compensation yet without having to go back and forth with Thomson?

Youe are getting the usual crap our flight was delayed due to ECs and problems with a previous flight.
This is not an EC.
They settled 2.5 weeks before the court date and payed up 2 days later as we said we would not settle out of court till the money was in our account.
Send a NBA letter be firm with a 14 day date to respond or else.

stavros42

Mummytobe26 wrote: »

Hi

Just thought I would add my experience:

I completed the delayed flight forms and received a response stating that Thomson would not pay compensation due to the delay being as a result of 'extraordinary circumstances' from unexpected flight safety shortcomings. However after re-reading the letter (it was very long), I noticed they had given me two differing reasons for the delay although both of which apparently fall under 'extraordinary circumstances'. The first reason was that the previous flight had a technical issue in flight and had to return causing a knock effect delaying my flight, the second reason was that my flight had a technical problem detected just prior to its departure which was outside of routine maintenance checks.

I have replied to the letter asking for clarification of the exact reason for delay and pointed out a couple of court cases, Wallentin-Alitalia in relation to the routine maintenance reason and Finnair v Lassooy for the previous flight knock on effect. I have been told it could take 56 days to respond, although it took them longer than this to reply to my original claim form.

Has any received compensation yet without having to go back and forth with Thomson?

Romanby is correct, if you play Thomsons games you'll be going round in circles as they tried to do with me, don't let them. Give them NBA if after 14 days they don't settle then court is the only option.

delvey

Filling out the form on MCOL now.
Should the rate of conversion from euro to pound be on the date of the delay?
Is the interest rate 8% calculated on a daily basis?
If so my claim seems to be for £722.28 and 8% calculated on a daily basis would be 17p a day? Seem right?

delvey

Just submitted claim form and it says Northampton County Court. Seen no option to change it. Will they allocated one closer to myself?

Longhair_2

Can someone tell me, when adding interest to the total you want in the POC, are you meant to add the total owed so far to the total you are claiming, or is this worked out in Court?

jenn1ewest1

Longhair wrote: »

So...this is an interesting one...

Was forced to file against Thomson as they kept claiming Extraordinary Circumstances when we all know this still does not cover them. Many letters went back and forth, what a waste of my time.

They forced me to take the matter to Court. They then offered to settle the claim before their defence was due - for what the Pound equivalent of 250 Euro was SIX YEARS AGO (about £45 less than what it is worth now) and with no interest - the interest added to my claim, as it is six years old, is worth £100, and I feel it is deserved as I have had to take legal action to get Thomson to cough up in the first place.

So 2 questions peeps

1) Are they allowed to pay this out for what 250 Euro was worth six years ago, and

2) do I have a right to ask them to pay the interest even if we settle this before it goes to Court? I would have thought if the final total I am pursuing in Court is PLUS INTEREST, then I have the right to ask for a settlement of this much?

I won the case by default by the way, for the full £370 I wanted, and then they said "oh we sent you a cheque and settled this."

Only I sent them a letter telling them not to send the cheque as I wasn't happy with the settlement they proposed, and they did anyway.

They have now written a letter to the Courts (not an application) asking for the default to be struck out as they already settled my claim! The cheek of it eh?

Longhair how did you win by default you said you only sent the allocation questionaire in a week ago i sent mine in the week before and they havent even cashed the cheque yet .

shellbob83_2

Basingstoke_Betty wrote: »

Hi - there are two things you could do for this - firstly you can look through your payment records to find credit card statements etc - this will prove you bought a ticket. Secondly, my understanding is that you can pay a small fee (I think it's £10) and request that Thomson send you confirmation that you were on the flight - others on here will know more about it I'm sure.

Centipede100 wrote: »

Otherwise known as a Subject Access Request or SAR.

Thank you for the above advice which is very helpful and I will do if they are ever open when I am home to ring!

Do you or anyone else have suggestions as to which letter template we use ie delay or cancellation?

Again, any help appreciated.