Flight delay and cancellation compensation, Tui/Thomson ONLY

stevew48

legal_magpie wrote: »

Not entirely correct I'm afraid. See CPR PD 12 5.2.


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12/pd_part12


" Where default judgment is given on a claim for a sum of money expressed in a foreign currency, the judgment should be for the amount of the foreign currency with the addition of ‘or the Sterling equivalent at the time of payment’.

Of course this applies to a default judgment but I see no reason why this would not apply to judgment after a trial.
JJ

I have finally agreed settlement with Thomson on my claim submitted in Feb 2013 for a 12 hr delay Bham to Barbados 7th Jan 2011. I initially quoted CPD 16 9.1 (3) but they responded as above and would not budge though I did manage to get 5% interest as opposed to the 3% they initially offered. Total £1184 for two passengers but have to wait up to 28 days for cheque.!!!!!!
Many thanks to the stalwarts who have kept the forum alive with excellent guidance and advice. In particular Vauban, Legal magpie, JP Pears and 111KAB to name a few.

:beer::beer:

Steve w

legal_magpie

Well done Steve. Good outcome

gloriatabby

Received an e mail back from Thomson (thanks dxc_chappie) but in it they have told me not to disclose its contents!!!!!!!!!!!:rotfl:

Vauban

gloriatabby wrote: »

Received an e mail back from Thomson (thanks dxc_chappie) but in it they have told me not to disclose its contents!!!!!!!!!!!:rotfl:

It is entirely up to you whether to disclose the contents or not! Unless you have settled and explicitly agreed not to disclose publicly the details of that settlement, then you are under no obligation to keep quiet. Airlines try to shut you up because they hate folk reading about others' successes.

In fact, even after I beat Monarch in court they sent me a document to sign, along with the cheque, agreeing that the settlement of the claim was private and confidential. This was nonsense, not least as I'd just read my story in the Daily Mail!

So here's hoping you've got a victory, and that you tell us about it - not least to give others hope.

gloriatabby

That's what I thought. I got a very quick reply to my email saying I was going to ask the court to lift (partial) stay. They said they are reviewing all cases and a payment has been raised in my case and to allow 28 days. I emailed straight back asking them to confirm that this would be for the full amount claimed and with interest added up to date but I have heard nothing back after a week. I have been expecting a negotiation phone call. I was waiting to see what happened before posting but then I re-read their email and noticed that and it amused me.

Kew73

Have just phoned Liverpool CC for an update on my case (requested stay to be lifted by email, cc'ing Thomson 4/11) and apparently it was passed to a DJ on 18th so waiting for the file to be handed back.

I did point out that Thomson were meant to have provided an update within 14 days of the SC decision but 3 weeks have now passed with no word. The lady said that the DJ would be reviewing the 'whole' file - so assume this will not escape their attention!!

She also mentioned that they are dealing with 100s of cases, all of which are being handled by the same DJs so the process will take a bit longer than 'normal'.

NoviceAngel

Kew73 wrote: »

She also mentioned that they are dealing with 100s of cases, all of which are being handled by the same DJs so the process will take a bit longer than 'normal'.

That's good news and that means we should get some consistency from the Courts, if it's a team of Judges that are specifically dealing with the airline cases.

MasterPoo

Still no reply from my email of 4.11.14, so now I will send the NBA letter via email and recorded delivery tomorrow. Hopefully it doesn't require any further action to get them to respond/acknowledge receipt.

Bobbieandrupert

Just got home to a cheque from Thomson. For £1040 for compensation and court costs. My case had been put on hold pending the Supreme Court decision. I wrote saying can you now pay on the basis of that decision. Glad it's all over :rotfl::rotfl::rotfl:
I have posted original under name of percypoppit - my flight was to Jamaica in 2012 June

NoviceAngel

Congrats and well done, please post in the court success thread to give inspiration to others like me - still waiting for Jet2 to see sense ❗️