Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

If it smacks slightly of greed, why on earth are you claiming? No one is making you. Presumably you will be giving it to a charity?

scorpiouk

Hi all..

(28H delay back to the uk)
Need a few pointers... hope someone can help...

Had a case, went to court, won :beer:
However due to a date issue on the paperwork Tui applied for it to be set aside... :mad:
(disappointing but interstand the reason)

During the hearing for it being "set aside" they asked for it to be stayed pending the Huzzar case.. They got this and were told to inform the court immediately once the verdict was given. After 3 weeks they failed to do this... :mad: So I did!

Now have a new date at the start of Feb.. Does this mean we have to send disclosure documents again 14 days before?

Seen similar cases on here, both in terms of reason and delay but they seem intent on fighting mine... Seems to be over the top in their efforts having lost once and then having the huzzar case confirm the situation... Their travel costs so far are more than my claim!

Thanks All

Vauban

You say you want a few pointers but I can only see one question - the answer to which is yes, unless you have a new order to the contrary (I assume not).

What was the date issue that scuppered your claim?

EDIT: oh that's right - the Court gave TC the wrong hearing date so TC never turned up and you got judgment by default, which was then set aside (rightly). Can't believe the airline is defending this though.

scorpiouk

Vauban wrote: »

You say you want a few pointers but I can only see one question - the answer to which is yes, unless you have a new order to the contrary (I assume not).

Thanks I assumed so.. Point 2 was going to be about unreasonable behaviour and adding interest, but I forgot to add it..

What was the date issue that scuppered your claim?

EDIT: oh that's right - the Court gave TC the wrong hearing date so TC never turned up and you got judgment by default, which was then set aside (rightly). Can't believe the airline is defending this though.

Thats pretty much it.. Gave them 2 dates on consecutive dates, failed to attend either.. Then said it caused confusion. Nothing a phone call could not have resolved!

I keep trying to play it out in my mind, trying to understand what defence they could possible think they have to defend this..

So far I cant find one..

Moneysavingginge

Hi guys.

I sent my first email to Thomson at the start of Nov and was given the usual '28 days' response. I have yet to get a response.

What would be the best course of action now? I can't really issue a NBA yet due to the fact that they haven't let me know what the problem with the place was (8hour delay).

Cheers

Vauban

Moneysavingginge wrote: »

Hi guys.

I sent my first email to Thomson at the start of Nov and was given the usual '28 days' response. I have yet to get a response.

What would be the best course of action now? I can't really issue a NBA yet due to the fact that they haven't let me know what the problem with the place was (8hour delay).

Cheers

They won't tell you until you start legal action. Read my guide - it's all in there.

Moneysavingginge

Vauban wrote: »

They won't tell you until you start legal action. Read my guide - it's all in there.

Aww yeah, I completely forgot about your guide. Cheers

MasterPoo

Morning,

So I'd like to start getting prepared with taking Thomson's to the Small Claims Court as I've yet to receive even a letter of acknowledgement. To recap:

1. I sent initial email via website, received an automated response.
2. Heard nothing after 14 days I'd stated in the email.
3. Followed up with a NBA - 14 days is up Tuesday, 9 December 2014.
4. Still no contact made by them

5. Next step Small Claims Court: How much will it cost me? According to my calculations and googling, a claim of Euros1800 is about £80, does this sound about right?

6. Aslo when I wrote my initial email I neglected to state the 8% Interest, but in my NBA letter which I sent recorded delivery I included this, "...as you have failed to respond within the 14 days I am not seeking Euros1800 plus 8% interest..." I think that is how I worded it, my question is;

If I were to take this to court or settle out of court, can the 8% interest be included? Or do I have to write it off as a mistake on my part for failing to state this in my original email?

Thanking you.

Vauban

MasterPoo wrote: »

Morning,

So I'd like to start getting prepared with taking Thomson's to the Small Claims Court as I've yet to receive even a letter of acknowledgement. To recap:

1. I sent initial email via website, received an automated response.
2. Heard nothing after 14 days I'd stated in the email.
3. Followed up with a NBA - 14 days is up Tuesday, 9 December 2014.
4. Still no contact made by them

5. Next step Small Claims Court: How much will it cost me? According to my calculations and googling, a claim of Euros1800 is about £80, does this sound about right?

6. Aslo when I wrote my initial email I neglected to state the 8% Interest, but in my NBA letter which I sent recorded delivery I included this, "...as you have failed to respond within the 14 days I am not seeking Euros1800 plus 8% interest..." I think that is how I worded it, my question is;

If I were to take this to court or settle out of court, can the 8% interest be included? Or do I have to write it off as a mistake on my part for failing to state this in my original email?

Thanking you.

£80 sounds about right - if there are three of you, you'll need to use the 1 paper form, rather than MCOL. You can check the latest fees online. If it goes to a hearing, you will need to pay a hearing fee as well (again, dependent on the size of your claim - maybe about £150?). The other side refunds you these costs if/when you win.

You have advised them you want to claim interest, and so long as this is included in the formal court claim form, then a judge will consider it in the normal way. Whether interest is included in an out of court settlement is a matter between the two parties.

My guide talks you through some of this, so is probably worth a read if not seen already. And the "Taking the airlines to court" thread will be useful too.

Edit: £80 to start, then £115 for the hearing (assuming the interest doesn't push you over the threshold). Details here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

MasterPoo

Thanks Vauban.

The original claim was for €1800, delayed flight was Feb 2010. Is the
1. 8% interest pa? (8% x 4 years + €1800=€2376)
2. therefore bringing my total claim less court cost €2376.00?

I will go back and reread, thank you.