Flight delay and cancellation compensation, Tui/Thomson ONLY

jimcbob

laticsforlife wrote: »

Then add your interest claim BUT also I would recommend printing off the true interest rates in force for savings in the UK from your date of delay and do some maths as to the realistic amount to claim as even though the HMCS website suggests 8%, Thomson argue its unjust (and it is), so instead of having a block 1.5% foisted on me, I may have gotten a little more if I had prepared a full schedule of interest.

Very good advice. But, as a matter of principle, it is better to rely on the borrowing rate for consumers generally (rather than savings interest rates) so I suggest informing the court of your bank's arranged overdraft rate in your witness statement - even if you have not borrowed any money. I did this and was awarded 4.25% as requested. You could always put both borrowing and savings rates in your evidence.

KMD7

I have now received a reply to my NBA letter. Was wondering if court is still the best course of action. The initial reply said delay was an "electronic display fault" this reply states "Electric engine control fault" Not quite the same to me?

the main content of this letter is "26. Unexpected flight safety shortcomings. -technical defects which become apparent immediately prior to departure or in-flight (where the system or part had been maintained in accordance with maintenance programme) and which require investigation and / or repair before the aircraft is airworthy for the intended flight"

It finishes by saying this is their final position on the matter.

It is very curt to me and offers no apologies for very poor service, any advice appreciated. More than happy to proceed.

Kew73

Just to update, my N1 claim form is now in the post on its way to Salford. Re-reading all the 2year info, recent success by lacticsforlife (congratulations!) and latest views on here gave me the push I needed so thank you all! It's a little bit daunting, but taking one step at a time. Happy to be moving forward and adding to the pressure that Thomson should be feeling

Cubatony2002

I received Thomson's defence which has been filed with the court.

Paragraph 4 reads "it will be said by the Defendant that this delay to the Claimant's flight was caused by an unforeseeable technical issue prior to the departure of the claimant's flight, namely a problem with the ground sensor. This sensor indicates the orientation of the aircraft, whether it is on the ground or in the air."

Paragraph 5 continues "it is averred that the matters pleaded in paragraph 4 above we're caused by extraordinary circumstances which could not be avoided even if all reasonable measures had been taken"

My question (as is you hadn't guessed by now) is does this technical issue constitute an extraordinary circumstance?

Also, now I have the Defence, what happens next?

Any help gratefully received.

Cuba T

markavo1

Can anybody who has already been to Court with Thomsons clarify whether their witnesses actually attend Court, or is it just the Thomson solicitor. Would I expect to see the engineering and programme delivery managers at court on the day?

Kew73

KMD7 wrote: »

I have now received a reply to my NBA letter. Was wondering if court is still the best course of action. The initial reply said delay was an "electronic display fault" this reply states "Electric engine control fault" Not quite the same to me?

the main content of this letter is "26. Unexpected flight safety shortcomings. -technical defects which become apparent immediately prior to departure or in-flight (where the system or part had been maintained in accordance with maintenance programme) and which require investigation and / or repair before the aircraft is airworthy for the intended flight"

It finishes by saying this is their final position on the matter.

It is very curt to me and offers no apologies for very poor service, any advice appreciated. More than happy to proceed.

I'm no expert, but sounds like they're making it up as they go along (a common theme on here) and this inconsistency will be useful to bring up further down the line. See also post 2594. I've had their 'this our final position on the matter' twice now and have sent my N1 today. Go for it!

matt2baker

KMD7 wrote: »

I have now received a reply to my NBA letter.
It finishes by saying this is their final position on the matter.
It is very curt to me and offers no apologies for very poor service.

Thomsons excel in curtness and final positions - after a while you get used to it!

kevinyork

Cubatony2002 wrote: »

I received Thomson's defence which has been filed with the court.

Paragraph 4 reads "it will be said by the Defendant that this delay to the Claimant's flight was caused by an unforeseeable technical issue prior to the departure of the claimant's flight, namely a problem with the ground sensor. This sensor indicates the orientation of the aircraft, whether it is on the ground or in the air."

Paragraph 5 continues "it is averred that the matters pleaded in paragraph 4 above we're caused by extraordinary circumstances which could not be avoided even if all reasonable measures had been taken"

My question (as is you hadn't guessed by now) is does this technical issue constitute an extraordinary circumstance?

Also, now I have the Defence, what happens next?

Any help gratefully received.

Cuba T

The Court Service will now issue an allocation questionnaire to both parties accompanied by a form asking if you agree to mediation.

As for the EC question, hopefully someone will be able to offer some advice.

Vauban

kevinyork wrote: »

As for the EC question, hopefully someone will be able to offer some advice.

If the OP (or anyone) has to ask this question, I wonder about the wisdom of them starting legal proceedings. Actually I don't wonder at all.

JPears

Vauban wrote: »

If the OP (or anyone) has to ask this question, I wonder about the wisdom of them starting legal proceedings. Actually I don't wonder at all.

Indeed.....