Flight delay and cancellation compensation, Tui/Thomson ONLY

Ningaloo

Thank you again to everyone on the forum for all their help.

Received cheques today for flight delays in 2010 and 2014 both long haul so quite a nice amount.

Can confirm that interest at only 4% and current exchange rate being used rather than at the time. No breakdown in letter which is very cowardly of Thomson. My court bundle had to be in by the 24th December, had I submitted my bundle I would still have gone to court to get every penny out of them.

It's been a long struggle but totally worth it.

Vauban

SEW56: Yes, there doing this to a lot of people. See #6057 (two pages back).

SEW56

Quick question... accepting the cheque as PART PAYMENT stating that a full settlement is required or I continue to the reconvened court case is acceptable? I have read the thread but wanted to be sure of my legal position.

JPears

SEW56 - I think the collective wisdom would be yes, as long as your communications states that you do not accept this as full and final settlement, but a part payment towards the total amount. Detail/breakdown your claim clearly.
And put a time limit on for resolution.

nicki_d987

Hi,

I have repeatedly phoned Thomson since my local court advised them to settle my claim. Today I actually managed to speak to them, they have agreed to settle my claim, however, its £125 less than I was claiming as they used yesterday's exchange rate and 4% interest. I was as clear as I could be as to my reasoning behind my claim figures, but they refused to budge at all.

Can someone please give me the rule which states exchange rate should be from date of delay? (I have the legal bits for the interest, but want to be 100% sure of my facts before I speak again!)

Thanks

Vauban

nicki_d987 wrote: »

Can someone please give me the rule which states exchange rate should be from date of delay? (I have the legal bits for the interest, but want to be 100% sure of my facts before I speak again!)

Thanks

Have a look at page 290 of this thread - there's a discussion (and some disagreement) there.

Gorbar

Some of Bott & co clients are getting their payments. They won't be paying out all at once but over a period of weeks, will also take 6 weeks to reach your bank account

MGOR

Well yesterday was the deadline given by the Court and surprise surprise payment arrived today for £2.2k. I was claiming for £2.8k. They've advised interest was 4% and includes court costs but doesn't appear to include the allocation cost. I assume the exchange rate is as of today which reflects the difference. I'm inclined to accept in part payment and chase for the rest by telling the Court the matter has not been settled in full. However I was once advised by a solicitor in a different scenario not to accept a part payment as it makes fighting for the smaller difference 'uneconomic' which is why smaller amounts are often offered as settlement. Thoughts? It is encouraging they are paying out

Vauban

MGOR: £600 is a lot of money (to me anyway!) - I'd play hardball and tell them to shove off!

chrissygo

Flight to Barbados in April 2014 - delayed 4.5 hours going out and 3.5 hours returning. Submitted claim to Thomsons in May, which they not surprisingly rejected. As a result of the Huzar case, I resubmitted my claim. Weeks went by trying to get them to just acknowledge they had received my letters and emails (let alone a reply). In the end, I got the email addresses of the MD and CEO and bombarded them with emails. I eventually got a reply rejecting my claim as they are now declaring the delays were caused by technical issues due to a manufacturing fault. What a load of tosh !. See response below. CAA are aware of their new games and have asked them to elaborate but, to be honest, I am not going to wait. I am going to submit a claim through the courts. I suppose its against TUI rather than Thomsons??? I have asked for the email response to be put in a formal letter to me and to also state it is in response to the resubmission of my claim as they never mentioned this. They really are a shambolic organisation, especially as a day after receiving this email, they sent another one saying they are going to investigate it but it will take 56 days !!!


"I would like to apologise for the delay in responding to you. Collating the accurate and relevant information is taking longer than anticipated due to the volume of correspondence received. As I'm sure you can appreciate, we wish to spend time ensuring that we have gathered all of the correct information in order to assess your claim correctly in line with the regulation and CAA guidance.

We invest significantly in operational initiatives, engineering excellence and having a modern fleet; they all help to keep the frequency and duration of delays to a bare minimum. As a result, for the past few years, Thomson Airways has been one of the best performing airlines in the UK and has been able to keep the title of most on-time charter airline.

We can assure you that the maintenance of our aircraft is taken extremely seriously. As well as complying with stringent requirement imposed on all airlines by various pieces of legislation, we undertake a process of monitoring all faults on our aircraft so that, if necessary, we can adapt our maintenance process accordingly.

Along with our routine maintenance procedures, an aircraft will undergo a number of pre-flight safety checks. Only when both the engineer and the pilot are satisfied the aircraft is fit for service will the aircraft be able to depart.

Having reassessed your flight in line with the EU Regulation 261/2004, I can confirm that your flight TOM61 was delayed on 13th April 2014 due to technical issue that is classed as manufacturing fault.

In light of the root cause of your delay, in line with the CAA Guidance on exceptional circumstances this is an event that we would consider to be an extraordinary circumstance, and therefore compensation is not payable under the circumstances. ".