Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

legal_magpie wrote: »

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

But isn't the norm that Judge contacts defendent to ask why the defence shouldn't be struck out?
The inconsistancies of what should be a uniform legal sytem in the small claims courts continue to baffle me.:cool:

legal_magpie

It will amount to the same thing in the end

Roywad

I thought I'd posted this but it hasn't appeared yet. Sorry if it doubles up.
I received a cheque more or less out of the blue from Thomson's in 'full and final settlement of my claim'. I took the very helpful advice from forumites of keeping the cheque, not presenting it and writing to Thomsons to tell them that I rejected it and I made a counter offer. Basically their offer ( based on full price ticket fares and 4% interest ) was about £500 short of what I was claiming so I wrote and said that I would accept £250 less ( reducing my claim of 8% interest to 5% and using a currency exchange rate of December 2014 rather than January 2011 - the date of the flight ) I also asked if the cheque I had received could be used in part payment.
I have not heard anything since and wondered whether I should inform the court of what has transpired as I am worried that the offer and counter offer may negate the fact that Thomson's have to contact the court by 4pm on 18 December to say why their defence should not be struck out. Thomsons may claim to the court that the settlement is under negotiation and they might use this as yet another delaying tactic.

flyhigh88

Gorbar wrote: »

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

I tried emailing them and got a very snotty reply about how many cases they have, and how hard they are working to get it cleared.

They still seem to have plenty of time to advertise on their Facebook page for more clients!

Vauban

Roywad wrote: »

I thought I'd posted this but it hasn't appeared yet. Sorry if it doubles up.
I received a cheque more or less out of the blue from Thomson's in 'full and final settlement of my claim'. I took the very helpful advice from forumites of keeping the cheque, not presenting it and writing to Thomsons to tell them that I rejected it and I made a counter offer. Basically their offer ( based on full price ticket fares and 4% interest ) was about £500 short of what I was claiming so I wrote and said that I would accept £250 less ( reducing my claim of 8% interest to 5% and using a currency exchange rate of December 2014 rather than January 2011 - the date of the flight ) I also asked if the cheque I had received could be used in part payment.
I have not heard anything since and wondered whether I should inform the court of what has transpired as I am worried that the offer and counter offer may negate the fact that Thomson's have to contact the court by 4pm on 18 December to say why their defence should not be struck out. Thomsons may claim to the court that the settlement is under negotiation and they might use this as yet another delaying tactic.

I have received a number of reports of Thomson's doing this. I advise people to write back, accepting the check as part-payment of their claim and insisting that if the balance is not paid immediately you will proceed to the hearing.


It's quite naughty of the airline to do this - I assume they think that most people will simply accept a bird in the hand, as it were. But you are quite within your rights to insist on the full amount claimed, particularly as the airline has no defence.


I know of one case where Thomson's apparently made an offer for about half the amount being claimed. The claimant said she would not accept, and it proceeded to court where the judge award her everything she claimed for - double the amount that the airline had offered. So don't feel intimidated.

Roywad

Thanks Vauban. But why would Thomsons go to court if they'd already made an offer which would I suppose admit their liability to the claim?

Gorbar

flyhigh88 wrote: »

I tried emailing them and got a very snotty reply about how many cases they have, and how hard they are working to get it cleared.

They still seem to have plenty of time to advertise on their Facebook page for more clients!

Your lucky I didn't get a reply.

NoviceAngel

Roywad wrote: »

Thanks Vauban. But why would Thomsons go to court if they'd already made an offer which would I suppose admit their liability to the claim?

It would be usual for an offer to settle to be made without prejudice and not accepting any liability in the case.

1st_tee

Hi I have been chasing Thomson's for 5 weeks now.I have Sent all the relevant letters and emails and two weeks ago a NBA by recorded delivery.

I have had no responses of any kind so intend taking them to court.

Does anyone know a no win no fee solicitor who would be able to take on this case.

NoviceAngel

1st_tee wrote: »

Does anyone know a no win no fee solicitor who would be able to take on this case.

Hi,

I haven't used them myself, but Bott & Co who famously won the Huzar case, seem highly regarded generally on here.