Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

I thought the sum you claim is conditioned by what is in your particulars. And - though I'm not a lawyer - the CPR directions seem clear (albeit not entirely consistent with the practice directions LM usefully cites):

"9.1! Where a claim is for a sum of money expressed in a foreign currency it must expressly state:

(1) that the claim is for payment in a specified foreign currency,
(2) why it is for payment in that currency,
(3) the Sterling equivalent of the sum at the date of the claim, and
(4) the source of the exchange rate relied on to calculate the Sterling equivalent."

Does this mean you must make the claim at one rate, but that it is paid out at another rate (on the day of judgement)?

dxc_chappie

Vauban wrote: »

I thought the sum you claim is conditioned by what is in your particulars. And - though I'm not a lawyer - the CPR directions seem clear (albeit not entirely consistent with the practice directions LM usefully cites):

"9.1! Where a claim is for a sum of money expressed in a foreign currency it must expressly state:

(1) that the claim is for payment in a specified foreign currency,
(2) why it is for payment in that currency,
(3) the Sterling equivalent of the sum at the date of the claim, and
(4) the source of the exchange rate relied on to calculate the Sterling equivalent."

Does this mean you must make the claim at one rate, but that it is paid out at another rate (on the day of judgement)?

I hope so, I'll be 200 quid better off!

Viper10

So, today I have received an email from the CAA in support of comp claim against Thomson. They said according to EC 216/2004 it was not 'extrodinary circumstances' and advised Thomson to stump up...

Thomson have refused so CAA recommend court action. What's best then seeing as though I have CAA back up, should I sort myself or go through a no win no fee firm to take out the hassle? Suggestions greatly appreciated

111KAB

Viper10 wrote: »

So, today I have received an email from the CAA in support of comp claim against Thomson. They said according to EC 216/2004 it was not 'extrodinary circumstances' and advised Thomson to stump up...

Thomson have refused so CAA recommend court action. What's best then seeing as though I have CAA back up, should I sort myself or go through a no win no fee firm to take out the hassle? Suggestions greatly appreciated

Your call. DIY = fair degree of work, a little risk but 100% reward. NWNF = no work, no risk, 70%+ reward.

Jerry2014

Viper10 wrote: »

So, today I have received an email from the CAA in support of comp claim against Thomson. They said according to EC 216/2004 it was not 'extrodinary circumstances' and advised Thomson to stump up...

Thomson have refused so CAA recommend court action. What's best then seeing as though I have CAA back up, should I sort myself or go through a no win no fee firm to take out the hassle? Suggestions greatly appreciated

It may be that once you issue the court claim Thomson will settle, especially after the Supreme Court decision and the CAA's position. However they may not.

If you have to attend court it is a fair amount of work as you have to fully research your case. You also have to pay the application fee and court hearing fee (when you win Thomson pay this back to you).

If your claim is for over 600 euros keeping all the payout may be worth the effort. If is is a small claim I think the NWNF could be attractive as your fee will be quite modest for the time you will save.

I did it myself but was surprised how long it took me. At least a couple of days.

Vauban

Good advice from Jerry.

razorsedge

batman44 wrote: »

first question - yes!

Upshot - Any issue beyound the airline control ie. Weather, ATC, Third party, Bird strike. All beyond the airlines control, anything else is the responsibility of the airline that includes tech issues.

I suggest you read the Huzar thread from the start to give you a better understanding of where things are at now.

Hey batman44, Don't go and give Thomson some hope of beating me in court over a birdstrike claim!

Birdstrikes are inherent to the operation of anybody flying planes through skies that are full of birds!!!;)

Star9272

Viper10 wrote: »

So, today I have received an email from the CAA in support of comp claim against Thomson. They said according to EC 216/2004 it was not 'extrodinary circumstances' and advised Thomson to stump up...

Thomson have refused so CAA recommend court action. What's best then seeing as though I have CAA back up, should I sort myself or go through a no win no fee firm to take out the hassle? Suggestions greatly appreciated

Just as a matter of interest were you returning to the UK? They wouldn't help me & on their site it states -
The CAA say
Where were you flying from?

Unfortunately we cannot take up your complaint under the following circumstances:

If it is about a cancellation, delay, downgrading or an instance of denied boarding and your flight is departing from another (not UK) EU country you will need to contact the relevant national enforcement body for aviation in that country.

batman44

razorsedge wrote: »

Hey batman44, Don't go and give Thomson some hope of beating me in court over a birdstrike claim!

Birdstrikes are inherent to the operation of anybody flying planes through skies that are full of birds!!!;)

Not my opinion on the birdie strike, it's what Martin said on this morning the other day. i agree with you but hey.

gloriatabby

Well done:beer:
Please can you (or anyone else) tell me what e-mail address to use to see if they will now settle before the court case. The original after travel email address I used is no longer in use and none of their subsequent correspondence has included an email address and going via their website means doing it as if raising a new issue.
Just before the Supreme Court's decisions I heard from the court that they would be hearing the case on the extraordinary circumstances defence sometime in the new year but that it would be stayed on the two year defence.