Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

I won't say congrats yet ... but I think it's only a matter of time.

The CPR for submitting a foreign currency claim says you used the rate at the point of claim (which means, we think, when people submit their papers rather than when the cause of the claim - the delay - arises), but CPR for awarding a default judgement says you use the exchange rate for the date of judgement.

So what to do? Decided which rate is the most advantageous - date of delay, claim or judgement - and then argue for that one. The chances are no one will question it! (But work out what the other ones are too, just in case you're asked.) And don't forget to work out the simple interest owed - as in my experience the judge asked me to do all the maths! (Though you're unlucky to get to a hearing, I suspect!)

dxc_chappie

MGOR wrote: »

The Court have responded to my 1st November letter post Huzar. No response from Thomson yet. The stay is lifted. Thomson have until 18 December to say why their defence should not be struck out on the basis there are no reasonable grounds to defend the claim, judge will then decide matter upon receipt of letter, if no letter received then defence will be struck out and I can enter judgement for the sum claimed. Either party subject to fee can apply to have order set aside. Let's see what happens next and if Thomson respond.

One final point I am still not clear what exchange rate to use - date of travel or today's date. I'm sure it's date of travel but I've seen conflicting views. Is there anything definitive? I know there was a post referring to CPR regulations but that didn't seem to be in English!

Did you not state the interest rate when you submitted your original court claim?

I doubt this will go to a hearing - it's time to contact Thomson again and start putting the pressure on. It's likely they'll want to negotiate the interest rate. You have them squirming now so be sure to include other costs such as all court fees paid and potential hearing attendance expenses.

Roywad

Following the Supreme Court decision I sent a letter to Thomson asking for them to settle my claim ( with 8% interest of course ) and also wrote to Liverpool CC asking for the stay to be lifted. I received a similar response from the court as MGOR. They decided to lift the stay and gave Thomson until 4 pm on 18 December to say why their defence should not be struck out. They also asked Thomson, amongst other things e.g. location of witnesses, to detail the claim number of any other issued claim served on or received by them in relation to this delayed flight - which was TOM 893 from Bridgetown, Barbados to Manchester on 24 January 2011. Will keep you informed of the outcome

MGOR

Thanks for the comments. I claimed for 8% (47p per day!) and an exchange rate at the date of delay. The difference in exchange rate is about £150 in favour of the date of delay. I still fear a curveball from Thomson along the way somehow. After all keep putting up hurdles and some runners may fall. The end however is now hopefully in sight. Time to think about next year's holiday! Who do I choose Jet2 Thomson Monarch?

Vauban

MGOR wrote: »

Time to think about next year's holiday! Who do I choose Jet2 Thomson Monarch?

They are all as bad as each other. I think easyJet come out of this with the most credibility, as well as BA. Easyjet also seem to be the far more punctual airline as well.

dxc_chappie

MGOR wrote: »

Thanks for the comments. I claimed for 8% (47p per day!) and an exchange rate at the date of delay. The difference in exchange rate is about £150 in favour of the date of delay. I still fear a curveball from Thomson along the way somehow. After all keep putting up hurdles and some runners may fall. The end however is now hopefully in sight. Time to think about next year's holiday! Who do I choose Jet2 Thomson Monarch?

If you stated an exchange rate on your original claim I would suggest you stick with that. If Thomson dispute it then let the court decide. I strongly suggest you email their legal team and reiterate exactly what you are claiming and bring to their attention the letter from the court. I very much expect negotiations to then start. I would also suggest standing firm on 8% interest rate - it will cost them far more to attend a hearing to let the court decide.

111KAB

MGOR wrote: »

Who do I choose Jet2 Thomson Monarch?

If that is your choice I would try Cunard.

DASHBOY

Dashboy wrote: »

Hi

I flew with Thomson Tom742 (Dreamliner) this was flying from Glasgow to Sanford Orlando and was scheduled to fly out on the 25th of July 2014, but was delayed 24hrs.

I sent the template letter provided on here to them just over a month ago, but I haven't had any acknowledgement from thomson as of yet.

Any ideas what I should do now?

Many Thanks!

Hi just to update everyone on this received a letter from thomson a couple of weeks ago with a cheque for £938 (600 euros per person).

Very Happy and if it wasn't for this site I would have never have got it :j

MasterPoo

In this day and age when everything I do is electronic it really !!!!es me off that I have to still go all the way to the Post Office!!!! Or when HMRC sends me a Cheque and I have to go deposit it......just really annoys me, especially when the queues are long, so I'm now even more irritated by Thomson that they made me go aaalllllll the way to the post office and stand in a long queue......letter posted first class recorded delivery!

*You Can Run but You Can't avoid the Postman Thomson*

NoviceAngel

MasterPoo wrote: »

In this day and age when everything I do is electronic it really !!!!es me off that I have to still go all the way to the Post Office!!!! Or when HMRC sends me a Cheque and I have to go deposit it......just really annoys me, especially when the queues are long, so I'm now even more irritated by Thomson that they made me go aaalllllll the way to the post office and stand in a long queue......letter posted first class recorded delivery!

*You Can Run but You Can't avoid the Postman Thomson*

You can print your own stamps/labels from the Post Office now - saves going out to buy them.

I hope you remembered to give Thomson your BACS details, otherwise you'll be queuing up in the bank to pay your compensation cheque in....

I'm sure I will savour every moment of that queue, when it's my turn!