Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

Angelasashes wrote: »

Thanks,
I would have assumed that they are indeed TUI so would not have mattered but if they felt it was wrong in the first place can I not just argue that they defended the claim without raising issue and they have also made me an offer surely making it clear that they are indeed the defendant.
I would have thought the fact that they made an offer not stating "without prejudice" so can produce it in court would be enough to convince a judge that they are the defendants.
I sent them my bank details to see if they still wanted to pay me but not responded to any mails since I said I would accept their offer. any further help appreciated

Oouch that is what I think!

It could persuade a Judge to think 'hell yeah'

or...........

It could persuade a Judge to think 'hell Nooooooooooo'

I still think you should be very careful given that you have technically served the wrong claimant.

I do quite genuinely wish you all the luck in the world,. Please come back to us all with feedback from tomorrows events.

I'm truly sorry for giving you my honest opinion.

I hope tomorrow that you will be posting 'NoviceAngels advice was wrong!' I successfully sued Thomson for XXXX amount! Good Luck!


Cheers,

NoviceAngel


PS regarding the 'without prejudice' element of your claim I go back to an earlier post of mine nothing to do with EC261 but worthy of note....

I was somewhat confused with the heading of Mr xxxx’ letter namely ‘WITHOUT PREJUDICE’. I am aware that this term is often used as a precursor to legal action, and should contain an offer to settle the dispute, prior to legal proceedings commencing. Just to confirm at that stage I had not commenced any form of legal action against BT Directories. My letter to BT Advertising dated the 25th July was conciliatory in nature and ended with ‘I await your comments and suggestions on a way forward that some trust and professionalism can be restored to our business relationship’. In fact I believe that the term was incorrectly used on this occasion according to DTM Legal LLP, ‘the content of the communication must be a genuine attempt to settle the dispute.’ and ‘Simply including the words ‘Without Prejudice’ in a communication will not prevent the content from being admissible in Court if the document is not a genuine attempt to resolve the dispute.’ It is my assertion that xxxxx’ letter to me fails this test significantly and as such if this case continues to a full hearing it is my intention to include this letter in my court bundle.'

but hadn't they offered you a settlement?

NoviceAngel

Angelasashes wrote: »

I initially accepted their offer of £1039

Just perhaps you should????

dan12345

Well tomorrow is the deadline in my unstayed Bott and Co case for Thomson to file a defence. Any views on what I may hear (hopefully) tomorrow?

I just wanted to add that an earlier poster commented on Bott and Co dragged their feet with filing at the court.

In our case they acted very quickly; I guess they may prioritise on the size of the claim?...we were 5 travellers, long-haul with the longest delay, hence 27% of a big claim for Bott. Anyone else think this may be what they are doing?

Dan

ashymcfc

im trying to find a template letter for sending a NBA, i have seen Vaubans guide but it mentions the Sturgeon case and not the dawson and huzer case's.

does anyone know where there is one or has written one themselves and wouldn't mind posting?

also do i send it to the same postal address as the first letter or is there a new address for the NBA's.

cheers

nigelpm

twirlerdee wrote: »

hi, does anyone have any idea how long Thomson are taking to pay out claims that have been 'stayed' ?
I know they must have thousands of cases waiting but what are they classing as prioity?
My solictor recieved email from Thomspson on the Monday following the Supreme court ruling, stating that they were now re-assessing claims with a view to paying out but have heard nothing from Thompson or the court since.

Wouldve been lovely to have the money in the bank for christmas.......

Didn't realise they were. I think you need to apply to the court to have the stay lifted in the first instance.

NoviceAngel

@Angelasashes

Any news on how things went today?

It was suggested by legal magpie that you should have been ok, and that the DJ would take a very dim view of Thomson trying it on, with regards to the Typo?!?!?

dblue75

I received mine last week in the form of a cheque from them. :beer:

twirlerdee wrote: »

hi, does anyone have any idea how long Thomson are taking to pay out claims that have been 'stayed' ?
I know they must have thousands of cases waiting but what are they classing as prioity?
My solictor recieved email from Thomspson on the Monday following the Supreme court ruling, stating that they were now re-assessing claims with a view to paying out but have heard nothing from Thompson or the court since.

Wouldve been lovely to have the money in the bank for christmas.......

TonyH2014

Thanks to everyone who has given advice on how to claim. I had a near 8 hour delay in October 2010 with Thomson on a flight from Palma to Manchester. Sent an initial letter by recorded delivery post on 11 November (signed for on 12 Nov) and no reply so far so today I've emailed Thomson as well as sending via recorded delivery a NBA.

Hopefully the latter will provoke some sort of response! Will keep the thread updated with any developments.

TonyH2014

I'm kind of where you are at the moment - no response so sending an NBA. I've used Vauban's template (we can always use Dawson and Huzar later if they argue the toss) and sent to the original address as well as also by email. Good luck, keep us all updated!

ashymcfc wrote: »

im trying to find a template letter for sending a NBA, i have seen Vaubans guide but it mentions the Sturgeon case and not the dawson and huzer case's.

does anyone know where there is one or has written one themselves and wouldn't mind posting?

also do i send it to the same postal address as the first letter or is there a new address for the NBA's.

cheers

JPears

TonyH2014 wrote: »

Thanks to everyone who has given advice on how to claim. I had a near 8 hour delay in October 2010 with Thomson on a flight from Palma to Manchester. Sent an initial letter by recorded delivery post on 11 November (signed for on 12 Nov) and no reply so far so today I've emailed Thomson as well as sending via recorded delivery a NBA.

Hopefully the latter will provoke some sort of response! Will keep the thread updated with any developments.

Possible, but don't hold your breath. It usually takes a CC summons to land in the office before they do anything...