Flight delay and cancellation compensation, Tui/Thomson ONLY

nigelpm

bigmama1 wrote: »

What I don't understand is that surely, if claimants have had a court decision in their favour, why would Thomson be allowed to request a stay as they PLANNED TO APPEAL TO THE SUPREME COURT? A decision has been made and should be paid by Thomson. Thomson haven't even got a Supreme Court date yet! All claimants decisions given in court cases should be paid out until Thomson MIGHT/EVENTUALLY get a Supreme Court date. This is just more delaying tactics by Thomson and shouldn't be allowed.

Yep, agree with you.

However, there is some pragmatic logic from the court IMHO in that in the (highly unlikely) event Thomson did successfully appeal they wouldn't get their cash back.

The court here is very much erring on the side of prudence.

nigelpm

LULU5779 wrote: »

great!! When i won the EC battle but the 2 years defence was stayed back in september i was told Jan 2014 which turned out to be June 2014 so no doubt Oct 14 will be April 2015.

Yep. Same for everyone in this position I would think and highly likely it won't get sorted until 2015 at the earliest.

dxc_chappie

retatco wrote: »

My stay was only for Dawson but now they are asking for Huzar as well.

At my hearing last year they did not contend the EC, only the 2 year limitation. My case was also stayed only for Dawson after Thomson wrote to the Court in Oct last year, but then a month later they wrote another letter to the Court requesting a stay based on Dawson and Huzar.

After the Dawson appeal was dismissed last month I wrote to Thomson requesting payment which they declined on the understanding Jet2.com were appealing to the SC on Huzar and that they would be seeking to appeal on Dawson. Nonetheless, I wrote to the Court asking for the stay to be lifted and directions given - haven't heard back yet.

If/when the Huzar appeal is heard by the SC, and if it succeeds, I fully expect Thomson to then claim ECs despite stating in writing in their skeleton argument they were not raising any issue except with limitation period.

Good fun this, isn't it?

bigmama1

nigelpm wrote: »

Yep, agree with you.

However, there is some pragmatic logic from the court IMHO in that in the (highly unlikely) event Thomson did successfully appeal they wouldn't get their cash back.

The court here is very much erring on the side of prudence.[/QUOTE

They shouldn't expect any money back as the law at the time of judgment should be in place. Until the law is change, on appeal, IMO the compensation should only change after a decision. Some of these compensation claims go back over a year and Thomson must not be allowed to avoid paying compensation under the CURRENT LAW.

I would also add that anybody who has their case stayed will be able to claim 8% interest until a future decision.

Goonie

Is there anyone else on here who was delayed on TOM773 returning from Sharm el-Sheikh to Manchester on 13th June? Anyone heard back from Thomson yet?


It's been over two weeks since I sent my letter, signed for, and no response. I guess the next step is for me to read all the FAQ's as to what to do next?

emma4rd

My partner and I were delayed by just over 20 hours on a flight back from Mexico due to technical problems. I have e-mailed Thomson through the complaints procedure and had an e-mail to say technical issues cannot be helped please claim through your insurance. Where do I stand on this, what is the best thing to do next. Whilst we were on holiday we heard of multiple delays in different flights by Thompson.

David_e

emma4rd wrote: »

, what is the best thing to do next.

Have a look at the thread "Flight Delay Compensation Important Info - Please check before posting"

Jerry2014

I would also add that anybody who has their case stayed will be able to claim 8% interest until a future decision.[/QUOTE]

8% interest tax free is certainly good news for the claimant and bad news for Thomson. In their defence submission to me Thomson have disputed 8% is an appropriate rate. However it is the official rate, and I note other claimants have been awarded this rate.

Doncal

TOM 182 flight to Mexico 11.05.14
I have read posts from a few people who have been unsuccessful in their claim for the delay on this flight. Don't give up as I have just received a cheque for the full €600 per person.

Thanks for the help and advice given on this forum.

David_e

Jerry2014 wrote: »

8% interest tax free is certainly good news for the claimant and bad news for Thomson. In their defence submission to me Thomson have disputed 8% is an appropriate rate. However it is the official rate, and I note other claimants have been awarded this rate.

Interest is at the sole discretion of the judge so, yes, claim it but don't be too disappointed with less.