Flight delay and cancellation compensation, Tui/Thomson ONLY

Tigger74_2

I have had emails and telephone calls today from Thomson legal department to confirm they are paying our claim in full for a delay in 2007. Thankyou to everyone for the advice.

JPears

deadlyleadly wrote: »

hi all

just to let u know our good news, after claiming for a delayed flight in sept 14 from manchester to tunisia and not hearing a peep from thomson, just got a letter today confirming our claim and refunding €800 :T:T, was hoping for more as we had a child as well but they said we had a free child place and that doesnt count......guess we shouldnt be too greedy!

Did you pay anything for your offspring- booking fee, luggage, admin fee etc? If so they will be due compensation too, most likely.

LULU5779

Help….

I originally won the first defence of this case which was EC and the second was the 2 year ruling, so was stayed. I have written to the court to ask this to be lifted and compensation to be paid and received the following letter:

General from of Judgment or order

Before district Judge xxxxxxxxx

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

It Is Ordered that

Stay Lifted.

Parties to comply with the order of deputy district judge Ellis dated July 2013 by 29 December 2014.

The matter be listed for a small claims hearing with a time estimate of 1.5 hours on the first open date after 5 January 2015. Hearing notice to follow.

Refer to the small claims mediator.

Dated 1 December 2014


Then is continues about mediation and a trial date. I’ve already been to court and won so why do I have to go back? I thought when the stayed was lifted Thomson should be ordered to pay the compensation. Please can someone help me with this? I can’t understand why Thomson would like this to go back to court as it’s another £170.00 hearing fee plus my appearance £90.00 plus interest plus their barristers fee when they have already lost?

I have phoned the court for clarification and they write to the judge. This letter is dated 1st December and I received it today and we have to comply be the 29th December? I don’t think I will get a response in time. I contacted mediation and they said Thomson hasn’t been in contact yet.

Tigger74_2

LULU5779 wrote: »

Help….

I originally won the first defence of this case which was EC and the second was the 2 year ruling, so was stayed. I have written to the court to ask this to be lifted and compensation to be paid and received the following letter:

General from of Judgment or order

Before district Judge xxxxxxxxx

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

It Is Ordered that

Stay Lifted.

Parties to comply with the order of deputy district judge Ellis dated July 2013 by 29 December 2014.

The matter be listed for a small claims hearing with a time estimate of 1.5 hours on the first open date after 5 January 2015. Hearing notice to follow.

Refer to the small claims mediator.

Dated 1 December 2014


Then is continues about mediation and a trial date. I’ve already been to court and won so why do I have to go back? I thought when the stayed was lifted Thomson should be ordered to pay the compensation. Please can someone help me with this? I can’t understand why Thomson would like this to go back to court as it’s another £170.00 hearing fee plus my appearance £90.00 plus interest plus their barristers fee when they have already lost?

I have phoned the court for clarification and they write to the judge. This letter is dated 1st December and I received it today and we have to comply be the 29th December? I don’t think I will get a response in time. I contacted mediation and they said Thomson hasn’t been in contact yet.

Hi,
The same thing happened to me . I contacted Thomson to advise them the stay had been lifted and a date set for a hearing and within 2 days they contacted me to say the claim was being payed in full.
I hope this helps.

LULU5779

Tigger74 wrote: »

Hi,
The same thing happened to me . I contacted Thomson to advise them the stay had been lifted and a date set for a hearing and within 2 days they contacted me to say the claim was being payed in full.
I hope this helps.

Thank you for your reply, i hope thats the case for me too then.

Gorbar

Congratulations to everybody that as managed to get THomsons to pay them. We gave our claim to Bott & we are still waiting. Bott have been excellent at keeping us up to date,but after reading about people getting paid so quickly it gets annoying not to have heard anything from Bott about our payment. Was told they hope to pay out before Christmas which is only 2 weeks off

flyhigh88

Bott keep sending emails with updates but they're all the same. Still in discussions with Thomson. Has anyone using bott received compensation from Thomson since the October ruling?

JPears

Lulu I think you need to write to the court stating quite clearly that Thomson no whave NO defence to argue and that the defence should be rejected.
As you say you have already won on the EC and Thomson's second argument is pointless as the Court of Appeal and Supreme Court confirmed. Maybe the Judge has not looked at the case in enough detail realising you had alredy won?
Point out to Thomsons in the strongest possible terms that they have no defence and that a further unnecessary hearing will add to their costs.

legal_magpie

It's not as simple as that. There has been no finding on the individual circumstances of Lulu's case so the Judge can't simply strike out the defence willy-nilly. By removing the stay and listing the case for hearing the Judge has forced Thomson's hand. They will probably settle beforehand but if they don't and they settle on the day or run a hopeless defence and lose on the day, the Judge can make an adverse costs order.
JJ

Gorbar

flyhigh88 wrote: »

Bott keep sending emails with updates but they're all the same. Still in discussions with Thomson. Has anyone using bott received compensation from Thomson since the October ruling?

After the one received earlier today, which was the same update we have been getting before, I emailed them & told them how annoying that people who where only delayed in August had been paid. Perhaps a few more people should do the same