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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • I believe that because Bott and Co handle the majority of cases and are based in the North West their cases are being centralised in Liverpool. If a case involving a client in, say, Bedford, was going to a full trial the case would be transferred to their local court
  • legal magpie
    You said you were paid extra for your treatment during the delay. Was this part of your original claim? I wanted to claim for that but there didn't seem to be any way of doing that on through MCOL (and it would have been difficult to put a figure on it) Too late now but I'm just wondering because a duty of care is also enshrined in 261/2004 but you don't seem to hear of many people getting compensation for failure in this and if it is law why are airlines not punished in some way when they don't comply?

    Angela'sashes

    What happened regarding typo?
  • Kew73
    Kew73 Posts: 50 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Goagoer wrote: »
    Like Kew73 I received an Order from the court giving Thomson a deadline to state why their defence should not be struck out on the basis there are no reasonable grounds to defend the claim (2 year "rule" was their only defence)
    I've now received a letter stating the claim has again been stayed until 25th January "to enable the parties to attempt settlement" I rang court and was told Thomson had applied for the stay but I have not heard anything from Thomson.
    Does this sound like Thomson are going to pay up?
    Should I contact Thomson to try and move things along a bit more quickly?

    It seems there is no consistency - sounds like I just hit 'lucky'! I would guess they'll probably get round to your case and get in touch when they're ready. You could chase but I'm not sure it will help. In the meantime, any interest you claimed will be accruing...
  • Roywad
    Roywad Posts: 15 Forumite
    Hi,

    Just received a cheque in full settlement from Thomsons re flight TOM 893 from Bridgetown, Barbados to Manchester, due out 24 January 2011 and delayed 52 hours..

    However I had claimed £1600 for my wife and myself which was based on the exchange rate at the time of our flight, my court fee, my allocation questionnaire fee, my hearing fee and postages plus interest at 8%.
    Thomson's full and final settlement cheque payment of £1154, ' includes the value of your claim ( based on full price tickets purchased ), the court issue fee and accrused interest which we have retrospectively calculated from the settlement date at 4% back to the date of your delayed flight. If you have paid a court hearing fee, you must apply directly to the court for a refund '. ( The court fee I was claiming for was the hearing I attended in October 2013 and not for a future hearing. )

    By my calculations, the compensation amount plus my expenses come to nearly £1300 without any interest. I will be writing to them declining their offer.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    I suspect that Thomson told the Court that they intend to pay up and have asked for a stay. Still, the Court should have consulted you and you are entitled to write and complain. Having said that, you should be adding interest calculated until the day you get the money.
  • Roywad
    Roywad Posts: 15 Forumite
    By the way, their letter also says, in bold type, 'The court must be informed immediately that this case has been settled by agreement' and then in ordinary type -' I am sincerely sorry for the disappointment the delay caused you. I hope that despite this matter you'll still consider Thomson when making future travel plans'
    I will be considering Thomson for future travel plans - I will definitely not be using them!
    Should I send the cheque back to them?
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    Roywad wrote: »
    By my calculations, the compensation amount plus my expenses come to nearly £1300 without any interest. I will be writing to them declining their offer.
    Make sure that you either return their cheque or (better) keep it for the time being but DO NOT present it.
    When you write to them rejecting their offer, (you must explain why and put forward a counter-offer) ask whether you may treat the payment as a payment on account. If they agree, you can safely present it. If they don't then you should send it back. Either way you tell the court that you wish to proceed with the case.
    JJ
  • Roywad
    Roywad Posts: 15 Forumite
    Thanks legal magpie.
  • woodcr
    woodcr Posts: 8 Forumite
    thomsons put a stay on my claim till the first of decenber when that passed i contacted them and they said they are settling,today i received a cheque from them for £1056 which which they say is in full settlement but they paid no interest and they equated the 1200 euros to £961.00 plus £95.00 court costs that seems a pretty poor rate of exchange to me but no more than is to be expected of thomsons, but at least i have been paid.:beer:
  • bensonsmum
    bensonsmum Posts: 1,721 Forumite
    edited 3 December 2014 at 4:49PM
    I sent off this morning a letter in the post of a NBA and also sent it via email to Thomson - this was at 11.45 am. I have just checked my emails and they have been back in touch with me already!!! they want to know if I have actually started court proceedings as in - instructed a solicitor or have taken it through the small claims court?

    Looks to me as if they are running scared - well i'm hoping so, as the reason for my claim is they cancelled my flight 48 hrs before I was due to fly and put us on another flight two days later as they hadn't been able to fill the plane due to the previous swine flu epidemic. We were flying to Mexico and no one wanted to go.

    Shall I just re-iterate what I have written in my NBA giving them 14 days to pay up?
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