Flight delay and cancellation compensation, Tui/Thomson ONLY

Orange_Smartie

bripar wrote: »

This is exactly my problem and would welcome further information. Courts have mentioned a need for a litigation friend for the children in my party and I am still waiting for their final decision. I also named myself as "Claimant" being the lead passenger and said I would be representing all family members that traveled. There seems to be conflicting views as to the correct procedure.

I was advised that for my party of 5 (including 2 children) that the form couldn't be submitted online as all 5 of us are Claimants. I submitted three copies of the claim form together with a separate form for each of the children declaring me as their Litigation Friend (ie. the person representing their interests) to an address in Salford and they did the rest.

I am now awaiting notification that the case is to be transferred to my local County Court.

Orange_Smartie

corleone8400 wrote: »

Hi All,

I am posting to provide an update as promised on my claim. I have been successful in my claim against Thomson for a 24 hour delay on my flight where the reason given to me at the time was "Technical Issues" within the Thomson Fleet.

I had started court proceedings as I felt so strongly regarding the matter and the complications the delay caused me at the time. I was determined to take the claim all the way in order to win. Prior to initiating my court claim I sent Thomson a final letter and whilst I did not receive a reply back within the 14 days requested, a month later, a cheque arrived in the post. Whilst my court case was already in place for compensation and interest, because the letter and cheque unluckily arrived the day after I initiated my claim I guess I will have to accept a loss of the £70 fee the mcol charge as I am aware they do not refund this fee.

Finally, I would like to thank all those who dedicate their time to helping others on here as well as provide the valuable information that helped me with my success. So a massive thank you in particular to Centipede100, 111KAB, Vauban and Mark2spark.

All the best to everyone and do not give up as that is what the airlines want.

My understanding is that you can still seek your costs.

Orange_Smartie

xsally83x wrote: »

Do i have to make 2 separate claims for myself and my partner and pay 2 fees to the court or can i claim all on the same form? We traveled together on the same booking.

You can claim on the same form and send in one fee. However, because there is more than one claimant, you should do it by post.

blondmark

corleone8400 wrote: »

Hi All,

I am posting to provide an update as promised on my claim. I have been successful in my claim against Thomson for a 24 hour delay on my flight where the reason given to me at the time was "Technical Issues" within the Thomson Fleet.

I had started court proceedings as I felt so strongly regarding the matter and the complications the delay caused me at the time. I was determined to take the claim all the way in order to win. Prior to initiating my court claim I sent Thomson a final letter and whilst I did not receive a reply back within the 14 days requested, a month later, a cheque arrived in the post. Whilst my court case was already in place for compensation and interest, because the letter and cheque unluckily arrived the day after I initiated my claim I guess I will have to accept a loss of the £70 fee the mcol charge as I am aware they do not refund this fee.

Finally, I would like to thank all those who dedicate their time to helping others on here as well as provide the valuable information that helped me with my success. So a massive thank you in particular to Centipede100, 111KAB, Vauban and Mark2spark.

All the best to everyone and do not give up as that is what the airlines want.

Provided you sent a Letter Before Claim warning of court action, and provided that expired before you issued proceedings, and provided Thomson did not indicate their intention to settle the claim prior to issue, then the payment you received may be treated as a partial settlement of your claim. In order to satisfy the claim in full, Thomson should pay your issue fee and interest on the claim, and you are entitled to ask them for this before you take any steps to discontinue the claim.

xsally83x

thank you for your help why is it better by post?

David_e

Orange_Smartie wrote: »

I was advised that for my party of 5 (including 2 children) that the form couldn't be submitted online as all 5 of us are Claimants. I submitted three copies of the claim form together with a separate form for each of the children declaring me as their Litigation Friend (ie. the person representing their interests) to an address in Salford and they did the rest.

Orange_Smartie wrote: »

You can claim on the same form and send in one fee. However, because there is more than one claimant, you should do it by post.

I'm confused! Did you mean that you sent 5 forms? Is that 5 separate claims and 5x fees?

How does that differ in xsally83x's case?

David_e

xsally83x wrote: »

thank you for your help why is it better by post?

Think it's just you can't do multiple claimants on the online form.

You could also issue at your local court probably. (Best call to check first obviously.)

Lindagreenacre

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Thomson.

Any posts regarding any other airline in this thread will be ignored (at least by me).

I had written to Thomson - no reply. I wrote again a month later - no reply. I looked at their site on Facebook and kept putting on comments like "80 days since my first letter and no reply", "86 days since my first letter and no reply" and so on. Each time there was a response on Facebook. I think that they just got so sick of me and one of their staff phoned me and said that I was entitled to compensation for husband and I of 400 euros each, but to expect a wait of up to 28 days. About 4 days later the cheque arrived for about £683. Thank you, that paid for the stone for our new patio.

Fletcher._S

Hi
We were diverted on a flight from gatwick to Cancun to Bermuda due to the toilets failing,we were 23hours 45mins late arriving.
Thomson say this falls under the extraordinary circumstances .
Is this right or should I carry on with the claim.
Sandra

bripar

bazaar wrote: »

the general concensus is on new claims, if it is 1 person, claim via MCOL online.
If its a party use the N150 form and file.
For all of us who have erred with the MCOL route, each case will be dealt with on an individual basis, but you should ALL call MCOL for an idea of what to do next.
It seems these opinions will differ depending on who you get through to. but it is likely that you will need to do something. IE, apply to court to amend the claimants on the form. hopefully, we can get a decent answer on this.

I have a definite answer from my County Court regarding children on the claim. You have to complete a form N235 for each child to apply to be a litigation friend and represent them at the hearing. They are happy for one person to represent other adults. This is Stoke on Trent County Court who have already awarded compensation earlier this year in a case against Thomas Cook. Fingers crossed everything goes ok.

(Text removed by MSE Forum Team)