Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Goagoer wrote: »

A couple of weeks ago I applied for judgement as Thomson hadn't complied with a court order due 6th May.
This morning I've received a copy of an order telling Thomson that unless they comply with the previous order by 23rd June the Defence will be struck out and judgement entered for the Claimant's for damages to be assessed.
I don't see why they are being given this extra time but I'll just cross my fingers and wait.
Thomson certainly can't accuse the court of not being lenient with them.

I understand the frustration: the judge in my case gave Monarch two separate attempts to get their act together (as well as accepting very late submission of documents). At times it felt very unfair.

But default judgements seem to be relatively easy to set aside. So the advantage of this "one last chance" approach is that, if the airline doesn't heed it, you'll likely get your money - and some costs too!

tigerstar

Hi all, I too have had comp turned down by Thomson re a 21hr delay from Dom Rep last June. I was so fed up of corresponding with them that I issued proceedings at County Court.

I didn't hear anything for ages and presumed Judge waiting for Huzar decision.
However I received a letter/ directions dated 6th June with a Court date. So obvs they weren't waiting for Huzar!

In light of Huzar, what would be the best course of action? Does anyone know if Thomas are writing to people offering compensation? Should I write to them asking them to reconsider my comp? Should I write to Court guiding them to Huzar? Or should I just go to Court?

Anyone with any suggestions/ knowledge would be greatly appreciated!

Thanks in advance.

David_e

tigerstar wrote: »

Hi all, I too have had comp turned down by Thomson re a 21hr delay from Dom Rep last June. I was so fed up of corresponding with them that I issued proceedings at County Court.

I didn't hear anything for ages and presumed Judge waiting for Huzar decision.
However I received a letter/ directions dated 6th June with a Court date. So obvs they weren't waiting for Huzar!

Have you had a defence from Thomson? It's a while since I looked at the process but I thought that happened within a couple of weeks of the claim being made.

tigerstar wrote: »

In light of Huzar, what would be the best course of action? Does anyone know if Thomas are writing to people offering compensation? Should I write to them asking them to reconsider my comp? Should I write to Court guiding them to Huzar? Or should I just go to Court? .

Assuming your case was "technical issues", I would write to Thomson (not Thomas!) suggesting that they save themselves further time and expense by settling your claim (incl court costs to date) now. Maybe sprinkle your letter with a few quotes from the Huzar appeal judgment (in so far as they apply to your delay) so they know you know what you are talking about.

tigerstar

Thank you for your prompt reply

Thomson filed their defence citing 'technical fault' saying that the aircraft suffered from an anti-skid defect. They are going down the old Ex Circ reason, that Huzar has now cleared up.
They are also being sticklers saying that they even want proof we were on the flight. I have kept our boarding passes though.

I'll write to Thompson rather than a random Thomas ;-) and pepper it with quotes from Huzar.

Hopefully, they'll just cough up- but I thought that when I first wrote to them...!

David_e

tigerstar wrote: »

I'll write to Thompson rather than a random Thomas ;-) and pepper it with quotes from Huzar.

If you can find quotes that address as specifically as possible the type of fault (and cause thereof) they have described, that should hopefully focus their minds on the inadequacy of their defence and encourage them to see sense and pay up. Good luck!

paul1672

Cupcake77 wrote: »

Hi

Finally I've found someone on the same flight as us :-)

Are you taking further action? I completely agree, exceptional circumstances shouldn't be happening on a daily basis which going by other posts, this is what they are saying.

I am waiting to hear back the reason for the 22 hour delay. Have they given you a reason for that one?

Hi, we were on the same Sanford flights too. We are currently going through the complaint route with thomson but it's turning into a big joke as when I originally phoned them they said to just email in the complaint which I did and 28 days later no reply so I phoned, only to be told the original advisor had given me the incorrect email address and it had just bounced back to me, even though it categorically said they had received my email and to expect a reply within 28 days. So, the incompetence continues...
Gave up the email route, packaged the template letters for both delays along with a 2 page complaint letter and claims for food at airport and compensation for pre-booked seats along with photocopies of all boarding passes and food receipts just in case they try and say we weren't even on the damn plane and sent them via recorded delivery.
Expecting a fight for the lot to be honest

Good luck with your complaint

Paul

Cupcake77_2

paul1672 wrote: »

Hi, we were on the same Sanford flights too. We are currently going through the complaint route with thomson but it's turning into a big joke as when I originally phoned them they said to just email in the complaint which I did and 28 days later no reply so I phoned, only to be told the original advisor had given me the incorrect email address and it had just bounced back to me, even though it categorically said they had received my email and to expect a reply within 28 days. So, the incompetence continues...
Gave up the email route, packaged the template letters for both delays along with a 2 page complaint letter and claims for food at airport and compensation for pre-booked seats along with photocopies of all boarding passes and food receipts just in case they try and say we weren't even on the damn plane and sent them via recorded delivery.
Expecting a fight for the lot to be honest

Good luck with your complaint

Paul

Hi Paul

I agree. It's definitely not going to be easy. We sent both letters in separate envelopes via recorded delivery. They have replied to one, but deny receiving the other. I have now emailed it and will put another copy in the post Monday.

Tracking the flights those days, it all seems a bit suss. Does quite tally up and as I said, I'm pretty sure the lightening strike took place a couple of days before we departed. Plenty of time to sort something out. I don't want to feed information to Thomson though incase we do go to court and they have time to think of some story beforehand.

I think we will continue fighting though as the customer service we received at Gatwick and Sanford was beyond a joke. Rude doesn't even cut it. I haven't even written to them about that side, I have just sent the standard template letter so far.

bigmama1

Well, I have finally finished preparing my bundle! It's due at the Court by 26th June.

I have a couple of questions regarding my skeleton argument which I would be pleased to get confirmed though, from the knowledgeable ones on this forum.

1) I know I can hand my skeleton argument to the Judge, on the day of Court hearing, but do I also have to give a copy to the Defendant on that day?

2) I have prepared a few questions to be asked. Do I give these questions, in writing to the Judge and Defendant on the day? Or keep them to myself until asked for "any questions".

I am also going to add the recent decision re the Huzar appeal in my skeleton argument.

Thank you every one who have given me the "strength" to proceed with my claim. If it wasn't for you all I might have given up.

111KAB

1) Yes three copies, one for you, one for judge and one for defendant.
2) I included questions in the skeleton.
3) Good luck!

bigmama1

Cupcake77 wrote: »

Hi Paul

I agree. It's definitely not going to be easy. We sent both letters in separate envelopes via recorded delivery. They have replied to one, but deny receiving the other. I have now emailed it and will put another copy in the post Monday.

Tracking the flights those days, it all seems a bit suss. Does quite tally up and as I said, I'm pretty sure the lightening strike took place a couple of days before we departed. Plenty of time to sort something out. I don't want to feed information to Thomson though incase we do go to court and they have time to think of some story beforehand.

I think we will continue fighting though as the customer service we received at Gatwick and Sanford was beyond a joke. Rude doesn't even cut it. I haven't even written to them about that side, I have just sent the standard template letter so far.

We went to Sanford in 2010 with Thomson and experienced the same problems. Delayed for hours. I claimed for meals and compensation for lack of trained competent staff! I got full reimbursement! You go for it. Thomson might eventually get the message that they can't treat customers like that.