Flight delay and cancellation compensation, Tui/Thomson ONLY

MGOR

Thanks for the offer I've sent you a PM

kevinyork

An update on my claim which was for a 5 1/2 hour delay arriving back into Manchester from New Orleans in Jan 2011.

I had the initial out of time response letters, filed a claim and they then added to their defence an 'EC' relating to a tech fault on the previous flight.

It was at the stage of waiting to be transferred to my local court.

Got a call from Thomsons Friday morning. An overly friendly chappie who started by advising that if it went to court they would be asking for a stay pending the appeal outcome however he was about to instruct counsel on my case and instead of going to court would I accept £600 (my claim was for 2 x £510) which is what it would cost them in counsel's fees. I said no since I believed my case was a strong one but I would accept 75%. He said the very most he could offer was £700 plus my £70 court costs and no more (so just shy of 70%). Now this came at a great time for me as I have a load of work on and didnt fancy hours of preparing my bundle and statement, having a day in court then having to wait for the appeal result. Therefore I accepted given it would save considerable time on my part (my folder of case printouts, helpful posts from this forum and newspaper articles is fit to bursting).

In hindsight, I probably would have used a no win no fee Solicitor if I had researched that option more as my time was being eaten into trying to keep up to date with how cases were progressing etc (in fact this weekend I used Botts online claim process on behalf of an elderly friend and found it very intuitive and wished I had taken that approach myself from day 1).

I realise some may have refused the offer and gone the whole hog but this came at a perfect time for me and I am happy.

Thanks to all on this board that helped me and others.

Sstaggy1

retatco wrote: »

Hi Ssaggy1, could you let me have your flight details please? I am compiling a list of flights where crew duty hours is an issue so Thomsons can't come up with a defense of EC (I'm slowly reading through the forum!!)
Ron P.

Hi

Just seen this otherwise I would have responded sooner. The flight concerned is TOM557 on 2/9/09.

Hope Im not too late with the information

laticsforlife

Does anyone know the phone number for getting through to their legal department in Wigmore House (or even a number for that rather than some call centre who will just try to fob me off).

More than two weeks now and no sign of any cheque, so time for me to threaten High Court writ and the Sherriffs. :mad:


EDIT:

Maybe Thomson are reading this as they have literally just called me at home to get my bank details to drop the funds into my account in the next 3 days.:j:beer::j

Spoke with Vanessa (I wonder if this was Vanessa Chima, she who signed many of the letters I received).

Her direct phone number at Luton I can provide to anyone who needs it (PM me, rather than me listing it on here which may be a step too far, although they dont really deserve any leeway but I am a nice person, generally!):)

laticsforlife

kevinyork wrote: »

It was at the stage of waiting to be transferred to my local court.

Got a call from Thomsons Friday morning. An overly friendly chappie who started by advising that if it went to court they would be asking for a stay pending the appeal outcome however he was about to instruct counsel on my case and instead of going to court would I accept £600 (my claim was for 2 x £510) which is what it would cost them in counsel's fees. I said no since I believed my case was a strong one but I would accept 75%. He said the very most he could offer was £700 plus my £70 court costs and no more (so just shy of 70%). Therefore I accepted.

I realise some may have refused the offer and gone the whole hog but this came at a perfect time for me and I am happy.

Thanks to all on this board that helped me and others.

Glad you are happy and in the end that is all that matters, but I do think that they must have been desperate and you could have held out for more.

Having been on this thread for what seems like forever, I know that any call trying to settle means they think they will lose, and so why then should we settle for anything less than 100% (except maybe allow some leeway for interest being lower than the 8% ridiculous rate).

The whole 'we are appealing' line is BS, because the longer they drag it on, the more interest will be added to the costs, and the more cases they lose on EC's the more the District Judges will be aware of their fruitless arguments and abysmal evidence.

Still....cakes all round? :beer:

kevinyork

laticsforlife wrote: »

Glad you are happy and in the end that is all that matters, but I do think that they must have been desperate and you could have held out for more.

Having been on this thread for what seems like forever, I know that any call trying to settle means they think they will lose, and so why then should we settle for anything less than 100% (except maybe allow some leeway for interest being lower than the 8% ridiculous rate).

The whole 'we are appealing' line is BS, because the longer they drag it on, the more interest will be added to the costs, and the more cases they lose on EC's the more the District Judges will be aware of their fruitless arguments and abysmal evidence.

Still....cakes all round? :beer:

Hi, I agree however the relief now is worth it. I dont have to spend hours preparing bundles, attend court and then wait nearly a year to see how the appeal goes.

nigelpm

The whole 'we are appealing' line is BS, because the longer they drag it on, the more interest will be added to the costs, and the more cases they lose on EC's the more the District Judges will be aware of their fruitless arguments and abysmal evidence.

I would appeal if I were them.

The interest and additional hassle pales into insignificance compared with the number of claims there must be in the two to six year period and also the number of people who will get bored and just forget about it.

RM2013

RM2013 wrote: »

I won my case basically on the grounds that Thomson didn't put up a defence nor appeal the Decree granted to me.

I now have to enforce the court order and have contacted Thomson Via recorded delivery giving them a pay by date, or else.

The only correspondence I have had from them was the standard letter, (investigating your claim etc) which I received, via my travel agent, amazingly shortly after the summons was served on them, nothing since.

Shocking the way they treat customers who have paid thousands of their hard earned cash on their holidays.

Not long after posting the above I received a phone call from a Thomson "Delay Claims Executive" stating that they are not in the habit of not complying with a court order and that my payment would be made within 7 days, (that was last Wednesday).
Guess what, no payment made to my account.
I don't think they have a Scooby what they are doing as the confirmation e-mail stated payment will be made by Friday?? 2nd October, not on my calender.

Well of to court to have the Sheriff enforce the order and include costs against Thomson.

What a shambles

JPears

RM2013 wrote: »

Not long after posting the above I received a phone call from a Thomson "Delay Claims Executive" stating that they are not in the habit of not complying with a court order and that my payment would be made within 7 days, (that was last Wednesday).
Guess what, no payment made to my account.
I don't think they have a Scooby what they are doing as the confirmation e-mail stated payment will be made by Friday?? 2nd October, not on my calender.

Well of to court to have the Sheriff enforce the order and include costs against Thomson.

What a shambles

You know its the right thing to do. Maybe contact BBC program about Sherrifs for a bit of spice?

SEW56

Well they have filed their defense. After the usual 2 year rule nonsense they are claiming not their fault due to trailing edge defects. Very vague. I will challenge hard but any views anyone?

I also intend to go to mediation prior to court. Anyone had experience of that?