Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

I think you should repeat, for clarity, that this is the last letter you will send them and give them a clear timeline to respond. The rest is immaterial.

matt2baker

Vauban wrote: »

I think you should repeat, for clarity, that this is the last letter you will send them and give them a clear timeline to respond. The rest is immaterial.

Many thanks

legal_magpie

bizzybus wrote: »

Does anyone know if interest is payable on the compensation due as first claim was back in 2011 and refused under tech.probs

Interest will be awarded if you commence Court proceedings and you claim it in your claim form. If you don't claim it you won't get it.
If you do issue proceedings I recommend that you claim interest at 8% p.a. backdated to the date of your flight. 8% is the rate still payable on judgment debts and many DJs will allow 8% if it is claimed
JJ

Angelasashes

:j

Hi,
I made a court claim against Thomson back in June the judge asked them for lists of other claims settled on this flight what evidence there witnesses would be giving if called any other courts where the same case had been heard, these were to be given to the cout by 4pm 17th September, ive yet to receive any notice that these were ever filed at court as now 2nd Nov and with the supreme court outcome wondered if I should just email Vanessa Chima asking her to get Thomson to pay up as no legal response over the claim for a faulty aileron delayed 10 hours.
Any opinions appreciated
thanks
Anj

Vauban

I think you should write to the Court and ask them if this information was provided. If not, you should ask for this to be brought to the judge's attention. At the same time, you should write to the airline to ask if they are continuing to defend the claim, in the light of the Supreme Court's decisions.

Bonters

gingertomic wrote: »

Hi


Does anyone know if there is an official definition of what constitutes a root cause of the delay? The reason I am asking is my family & I were delayed 8hrs on a Thompson flight from lanzarote - Manchester in Feb. I made a claim for compensation which was rejected as the root cause was passenger illness (which I have no issue with).
However we were told that the plane was damaged upon landing at Bristol.There were then issues in getting another plane sourced, which added significantly to the delay. By the time this had happened the original crew were out of hours. These 2 additional points caused the majority of the delay. Personally I would say that this was 2 root causes, and the secondary root cause (damage / requirement for new plane / out of hours crew) contributed more to the total amount of the delay? Is there a definition for root cause, or circumstances of if there are 2 root causes which one should take precedence? I'm not sure if I should challenge or not? Any ideas would be gratefully received? Thanks

'Passenger illness' sounds a bit too glib to me. A whole plane-load of passengers not boarding and taking off because one person is ill? Why would they? Whoever is ill can be treated and then sent home later on another flight? It sounds like the excrement of a bovine to me. I'd pursue it for sure. My own claim has long since been in the hands of Bott & Co, and there has been nothing to report for Months now, due to the prevarication by the airlines. However, the Law Firm are now all action and will be inviting Thomson to settle outstanding valid claims. I'll gladly update as and when and I have direct access to one of their fine solicitors. I think solicitors so often get flak, and often rightly so, but a round of applause is due to Bott & Co for their dogged persistence, and significant legal victories on this situation. Been a great help to everyone.

Goonie

I sent an NBA on 20th October. I am yet to receive a response but I was wondering, is it worth sending another letter or email on the back of the recent news on Huzar / Dawson? Or should I just wait for the reply to my NBA?

Vauban

The point about an NBA is that it is the last letter you send before starting legal action. If you send another letter, it suggests you're not serious about taking action. I'd stick to the deadline you've given them (presumably 14 days?).

Goonie

Vauban wrote: »

The point about an NBA is that it is the last letter you send before starting legal action. If you send another letter, it suggests you're not serious about taking action. I'd stick to the deadline you've given them (presumably 14 days?).

Ok thanks. I actually gave them 21 days so they have until next Monday.


The reason I was thinking to contact them again is due to the outcome of the appeal, basically they now have to pay don't they? So just a little nudge to get my money to me I'll wait though

legal_magpie

This is one of the very few occasions where I would disagree with Vauban. While I agree that the NBA is the last step before issuing proceedings, the impact of the Supreme Court decision is so important that it is worth sending a follow up letter giving them another 7 days to avoid the hassle of commencing court proceedings. You certainly don't have to do this and you would be justified in commencing proceedings once the NBA runs out.
JJ