Flight delay and cancellation compensation, Tui/Thomson ONLY

JarvJarv

If Mathew and helenm4920 who last posted on 18.4.13 and 15.6.13 respectively are still on the forum would they check their pm's and perhaps pm me.
Many Thanks.

legal_magpie

Received my compensation from Thomson this morning.

abeano

Hi all,
I have had success claiming from Virgin Atlantic but am really struggling to even get a decent response from THOMSON

They have told me that they are unable to tell me what the reason is for a 7 hour delay other than it was extraordinary circumstances and quoting regulation 261/2004 and saying that it is likened to a car failing an MOT despite a full service history.

I think I am being fobbed off - I have written four times now and the latest letter says "As stated in my previous letter a decision has been made on your claim and I am unable to add anything further. I have now closed your case." They have advised me to refer my claim to the CAA. I am quite happy to chase this myself instead of going to the CAA.

Does anyone else have a similar experience that they have encountered with Thomson or can anyone offer advice?

Thank you

Katloz

We haven't even had a phone call yet, so I am wondering why some customers seem to be receiving apologies and offers and others are not! We have written to them both by email and post.

111KAB

abeano wrote: »

.... and saying that it is likened to a car failing an MOT ......

Yes a plane breaking down (going tech) is exactly the same as a car breaking down. Cars break down every minute of the day (just check the hard shoulder of any motorway. Therefore cars, like planes, have technical problems - not extraordinary but quite usual.

abeano wrote: »

I think I am being fobbed off -

I don't think you are .... I KNOW you are!

abeano wrote: »

They have advised me to refer my claim to the CAA.

CAA > about as useful as a chocolate teapot .... in fact less so.

abeano wrote: »

Does anyone else have a similar experience that they have encountered with Thomson or can anyone offer advice?

Most of the posters on the Thomson thread. Advise > take them to court. Result > enjoy your compensation but don't expect it in time for Christmas 2013 but Christmas 2014 should be achievable.

jayw996

Thanks for the advice, I have heard nothing from my local court yet so I suppose I wait for that.
Well done on your settlement! one more notched up!

Gromit22

zzx wrote: »

I am unable to find how to start a new thread, I am directed to "New Thread" at top left of forum board but I cannot see it.

I think that you go back to 'flight delay' main forum page and it is on bar at top of page, but not sure.

kenpeo

have had offer from Thompson for 50% Sanford to Manchester July 2012, have turned it down,see you in court!

SGP

jayw996 wrote: »

Hi,
I have been watching and reading with great interest. My flight was delayed 26 hours from LGW to MLE TOM 054 on the 5th Dec 2010. I made the complaint on my return to be told by Thomson that "They had no policy for compensation". I complained again and also to the Thomson shop I booked it through. I got the same response. I was not aware of the law. Now I have been told it is over 2 years and they are not budging. So I went down the small claims route, and they responded to say they would defend the claim. Then nothing, 28 days passed, still nothing. So I requested judgement and got it in my favour.....yipee! or not? Now they want it set aside as the defence went to the wrong court? Oh that old chestnut I thought! So it has been transferred to my local court to have the application heard to have it set aside. I have looked through the forum and cannot find this happening before. Does anyone know if this hearing is just to get it set aside or can I request to have it heard on that day. Or can I argue for it not to be set aside? Thomson have already told me if they get it set aside they will then push for a delay until the Dawson appeal is over. I personally feel that as I complained originally at the time, the two year case is irrelevant to me and so I want to have the case heard. Any thoughts, apologies if I have missed a key thread. Oh and if anyone else was on that flight please PM me. I can only find info on the MAN to MLE flight.

legal_magpie wrote: »

You have done well to get a judgment. You should fight the application fully.

To succeed Thomson will have to show (a) why they allowed the judgment to be entered in the first place (b) that they acted promptly and (c) that they have a REAL prospect of success. The last is the most important.

They should have either served you with a witness statement or else completed Part C of the form in detail. If they haven't bothered, the Judge will probably throw it out. If they have, you need to have your arguments ready, ideally in a statement.

If they succeed Thomson will be ordered to file and serve a full defence. I consider the limitation point to be bad especially because you intimated your claim in time and they fobbed you off.

You should not oppose the application for a set aside. This will leave you open to costs if their application succeeds, which is highly likely. A default judgment is not what you think it is, it simply means one party failed to complete part of the process. They will now be allowed to rectify that failure.

Whilst it is possible to fight a set aside, should you choose to do so, you risk the Court departing from the usual rule of the defendant being ordered to pay the costs thrown away in the event that the set aside is granted.

If the defendant was unaware that service has been deemed to have occurred, the defendant in this situation should be entitled to have the judgment set aside as of right on the grounds that he had received no notification of the proceedings and was therefore a stranger to them.

In Law v St Margarets Insurance Ltd [2001] the Court of Appeal allowed judgment in default to be set aside despite the defendant’s solicitors’ procedural errors in failing to file an acknowledgment of service and in failing to ensure that the statement of truth in relation to the evidence in support of the application was signed by the right person. The overriding objective required that the default judgment be set aside in order to enable the merits of the defence to be determined. In Lloyds Investment (Scandinavia) Ltd v Ager-Hansen (2001) a default judgment was set aside on the ground that the defendant had a real prospect of success.

With regard to their proposed application to set aside, I suggest that you would be better off not objecting to it. If you contest this (and that would require you attending a hearing) and the set aside is granted, which is likely, then you may be liable for their costs. You will not be permitted to have the original claim heard at this hearing, as this is only for the set aside.

Furthermore, it is practically unheard of for an application for a set aside to fail where a judgment in default was obtained.

I would not object to the set aside and would send Thomson something like this.



Dear

I am in receipt of your letter of (date)

I note that you intend to apply for a set aside of the judgment granted on (date).

I will state now that I will raise no objection to your application provided that it is made with liberty to restore and dependent upon my receiving your defence to this claim within 14 days of the date of this letter and that you file a copy of the same with the Court.

Kindly therefore let me have your defence directly as well as filing your copy with the court.

I look forward to your reply.

Yours etc

tonxy22

Quick question...

I am finalising my court bundle in preparation for my date in a few weeks..

I have noticed that Thomson have made a massive error in their defence document - enough of an error for it to make the court day really intersting.

Here's my quandary - do I highlight it in the particulars but they will be aware and prepare or ambush them on the day with it to catch them out??