Flight delay and cancellation compensation, Tui/Thomson ONLY

nquire76

Two years after initial claim and some 85 individual communications between myself, Thomson's and the Small Claims Court, Thomson have settled in full.
No further queries or arguments after the Supreme Court finally accepted the common sense decision that technical failures are part and parcel of running an airline and are not "exceptional".
Two years of educating myself in the vagaries of European and British law. My thanks to Vauban, 111Kab, Mark2.Spark and numerous others for pointing me in the right direction, and, to all contributors to this forum for some very interesting and entertaining reading.
Now it is over I will have to find another topic to exercise my aged brain.
I will post the details on the success Forum.
Goodbye to you all and success to those still endeavouring to elicit a positive decision from Thomson's.
Nil Desperandum.

dxc_chappie

ErnieW wrote: »

Hi All, I haven't been on here for a while but after the recent High Court Cases I thought I would contact both court and Thomson to get on with my case as it had been deferred from last year. I received an email from Thomson wanting to settle the claim, after all the hard work of banging everything together, the emails, the letters the court bundle this time last year I thought great what a relief.......however a few things have really knarked me.

1 - The exchange rate they have offered is leaving me around £100 short of what I applied for in the bundle (exchange rate at date of delay). They are quoting a CPR practice direction 40B - It is ordered that the defendant pay the claimant the euro or the sterling equivalent at the time of payment. They have stated the amount awarded will be that of the date of judgement and in this case, settlement between the parties.

2 - Interest Rate - Originally offered 3% but now offering 5%

3 - They are not compensating a loss of a day's earnings due to the delay of £130 either which i have claimed for.

So to cut a long story short....I'm delighted they have offered to settle but a bit done over the above points....however I don't want this to drag on and its a nice amount of around £1700 and I really do want to take it and close the matter once and for all....any feedback welcome and thanks to several guys on here for all the help 12 months ago, you know who you are.

1. CPR 40B is for judgments and orders, not settlements. You might want to refer them to CPR 16 section 9.1 which states you can use the rate at the date of your claim.

2. Stick to 8% - it will cost them more to go to court! A Judge may award 5 or 3 or 0, but will give Thomson a hard time for not settling sooner!

3. Loss of earnings/annual leave is £90 per person per day (CPR 27)but you can also include other expenses e.g. travel. This can only be awarded by the court so if you are not prepared to negotiate you will have to let it go to court or try to force Thomson.

You are in a strong position and almost there. Good luck with finalising your claim.

andresykes

Hi. Does anyone know the situation is when a passenger has subsequently died some time after their delayed flight? My father dies in 2010 after a delay in 2009 and he was on a flight with my mother (who is still alive). Can she claim compensation for bother her and my late father?

ashymcfc

hi, earlier this year i went through the process but got fobbed off by thomson saying a technical fault to an earlier aircraft caused the delay and it was extraordinary circumstances. i sent another letter arguing the case but fobbed off again.

i have waited for the court case to be settled but just wondering where to go from here, is it the court route or are people just writing again asking(telling) them to reconsider or sending NBA's?

cheers

Vauban

andresykes wrote: »

Hi. Does anyone know the situation is when a passenger has subsequently died some time after their delayed flight? My father dies in 2010 after a delay in 2009 and he was on a flight with my mother (who is still alive). Can she claim compensation for bother her and my late father?

I believe that the "estate" of your father (presumably your mother) can bring an action in court, and therefore that it is legitimate for her to claim for them both in the first instance.

Vauban

ashymcfc wrote: »

hi, earlier this year i went through the process but got fobbed off by thomson saying a technical fault to an earlier aircraft caused the delay and it was extraordinary circumstances. i sent another letter arguing the case but fobbed off again.

i have waited for the court case to be settled but just wondering where to go from here, is it the court route or are people just writing again asking(telling) them to reconsider or sending NBA's?

cheers

If you have not written to them since the Supreme Court's decision, you might want to write to them one last time giving them 14 days to settle. If it was a technical fault with the plane, it is very unlikely to be classed legally as "extraordinary".

nicki_d987

Hi everyone,

Just an update from me, I sent both the court and Thomson a letter (and numerous emails and online form submissions) after the Supreme Court refused the Huzar appeal. I asked the judge to remove the stay based on the fact Thomson's defence was solely tech faults fall under extraordinary circumstances. (BTW I never received this defence from Thomson, I only have a copy because the court sent it to me).

I phoned the court yesterday having not heard from them or Thomson, they told me that my file was with a judge, but they had received a letter from Thomson on 19.11.2014 asking for the stay to remain. (I don’t know why, as the court lady wouldn't tell me the contents of the letter).:mad:

My issue is this, is it standard practice for Thomson to completely exclude me from communications they have with the court concerning my case? I certainly send them copies of everything I send to the court?

Secondly, as recently it appears on this forum that there have been lots of settlements from Thomson, it appears this is not going to be the case for everyone as this is a post-supreme court decision correspondence from Thomson asking for the matter to remain stayed.

Nicki

Vauban

I think you should complain to the Court Manager that there is correspondence between the Court and the Defendant which is deliberately not being shared with you. This is not in the interests of justice and you would like the matter to be brought to the attention of the judge and for any correspondence to be shared.

It would be very interesting to see a copy of this letter in due course.

gloriatabby

Yes - I thought you were both meant to send copies of everything to each other but they haven't done so with me either. Strange that they are trying to keep the stay. It might just be to allow time to reach a settlement as in case of nquire.
By the way- well done nquire

legal_magpie

In my dealings with Thomson I found that they followed two rules.

Rule 1. Thomson will do whatever they like.

Rule 2 See rule 1.

Despite that I got full delay compensation and another £500 for the way they treated us during the delay period.
JJ