Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

GeorgieH wrote: »

I am also claiming from another well known Tour operator and their service has been appalling. My advice is read up, get the knowledge, provide as much info as possible and don't back down.

Just to clarify: you can't claim from a tour operator - only the operating airline.

daisyslass

Good morning, started my claim for compensation in November 2012. After many letters ,emails and telephone calls Thomson said I had exhausted their complaints procedure and suggested I used a third party to resolve my claim. They sent me a form to fill in for CEDR (this was last October) who help solve complaints by adjudication. I returned the form in January along with a £48 fee which is refunded if you win.
I received a reply in March stating I had won my claim and received my cheque last week. I am not sure if Thomson are still giving people this option but it worked for me.
My flight was Tom670 Newcastle/Orlando 29/09/2011

Vauban

daisyslass wrote: »

Good morning, started my claim for compensation in November 2012. After many letters ,emails and telephone calls Thomson said I had exhausted their complaints procedure and suggested I used a third party to resolve my claim. They sent me a form to fill in for CEDR (this was last October) who help solve complaints by adjudication. I returned the form in January along with a £48 fee which is refunded if you win.
I received a reply in March stating I had won my claim and received my cheque last week. I am not sure if Thomson are still giving people this option but it worked for me.
My flight was Tom670 Newcastle/Orlando 29/09/2011

I do not recommend people do this. You do not need to pay for private arbitration - especially to a company who are recommended by the airline and whose competence at assessing your claim is unclear at best.

legal_magpie

CEDR are well established both in arbitration and especially in commercial mediation. I have used them before to reach a settlement in a very complicated and expensive piece of litigation.
I don't see why someone shouldn't pay £48 as opposed to the very high Court fees or fees to no-win no fee firms if they want to. I believe that they also run the ABTA scheme.

Vauban

legal_magpie wrote: »

CEDR are well established both in arbitration and especially in commercial mediation. I have used them before to reach a settlement in a very complicated and expensive piece of litigation.
I don't see why someone shouldn't pay £48 as opposed to the very high Court fees or fees to no-win no fee firms if they want to. I believe that they also run the ABTA scheme.

That's interesting. But what criteria do they use to assess a claim? How certain can passengers be that this private company will apply the law to their case objectively, as opposed to eg the NEB's "wish list". And what happens if you pay your £48 and they find against you? Can you take it to court subsequently? I think there are quite a lot of questions one would have to ask before concluding this is a good idea.

Of course, it's further complicated because these claims are not really about commercial mediation - they are about testing whether a statutory right to compensation exists or not. I think that can only really be done by the courts, rather than private companies whose assessment criteria are uncertain (at least to me).

I'd welcome insights from anyone with experience of this, however.

AshleyBrownCow

GeorgieH wrote: »

I have recently been successful with a claim with Thomson and found it really easy. Provided them with name, dates, flight numbers and booking references in an email (didn't even have to fill in the form) and a cheque landed at my door 25 days later. I am also claiming from another well known Tour operator and their service has been appalling. My advice is read up, get the knowledge, provide as much info as possible and don't back down.

Have gone down this route and am now at make or break with small claims court,already been rejected twice

AshleyBrownCow

Caz3121 wrote: »

what was your flight number? If you turned up at the airport and the flight operated but you were refused travel then your claim could be for denied boarding which is less defendable

So you reckon I should go for it?

David_e

legal_magpie wrote: »

CEDR are well established both in arbitration and especially in commercial mediation. I have used them before to reach a settlement in a very complicated and expensive piece of litigation.

Mediation always suggests to me (maybe wrongly) finding some negotiated, possibly "meeting half way", agreement. I'm not convinced that this is a necessary or appropriate way to deal with something as relatively straightforward as a flight delay claim. A claimant is either entitled to the whole compensation or to none. The passenger shouldn't be required to accept less than is due.

As Vauban says, how do they mediate? Unless they know the law relating to flght delays, I would be completely opposed to involving them. If I had to choose, I would rather go no win no fee.

Moneyedout

Have just prepared my court bundle for 9th May and copied every page of the EU Regs and various Court Judgements (Sturgeon etc) for myself and the court but will Thomson also require full copies of all of these as I am sure they must have hundreds of them coming out of their ears. Can I just refer them to the Judgements as it seems a total waste of paper and ink.(Thinking of the environment of course)
If it is necessary I will send them the whole lot as I do not want to give them any room to complain to the court about me.

Also is there an exact date yet for the Dawson appeal as I am sure they will go down that road eventually

111KAB

Have not got Dawson Appeal date to hand however unfortunately you do need to copy everything you have sent to the Court to Thomson. In my case the barrister (representing Monarch) didn't know the law anyway plus the copy papers I had sent to Monarch they neglected to send to the barrister. It is not really a matter of Thomson complaining rather they could say that you have failed to provide them with the information submitted to the Judge. Yes they must have 100's of copies so you would think it about time they understood the law!