Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

lovesavingmoney56 wrote: »

Thanks for the advice and also to 111KAB. I'm still undecided on the best course of action, but your advice has reiterated that it could go either way if I pursue it. Also thanks to everyone on this forum for all of the posts and advice. I have followed the forum avidly over the last 18 months. Without this forum and reading everyone else's stories and advice, I definitely wouldn't have had the courage or confidence to pursue my claim. Power to the people!!!:D
Merry Christmas to all.

:beer:

All I know is that in my case (Worcester Court) I applied for 8% and was awarded 5%. I honestly believe that it was just easier for the judge to work out 10% then halve it. Speaking to the judge after the case he fully understood my reasons for taking Monarch to court (he had been delayed by Ryanair) and seeking 261/2004 compensation however he pointed out the 8% figure was at his discretion and it was an historical figure established when interest rates were high.


He said he would frown upon anyone who attended court merely to get an increase in exchange rate/interest and or expenses if the airline had already been reasonable in terms of meeting a claim as he regarded this as a complete waste of court time in trying to prove a point/glean an extra few quid.

legal_magpie

It is rather unfair to call Thomson's stance "bully boy tactics". They have made you an offer and you are free to accept it, reject or make a counter offer. Their point about costs is certainly not bullying. It is exactly the same point we make when pointing out that the Defendants' arguments are specious, namely that if they run the argument at trial and lose, we will apply for an unreasonable costs order.
As to the points you make:

1. When judgment is entered in a foreign currency the relevant rate is at the sterling equivalent at date of payment, not the date of the claim. If the rate is adverse now, then that's unfortunate. It might have gone up.

2. Interest is always in the Court's discretion. Most solicitors claim at 8% because that is still the rate on judgment debts over £5,000.

It is entirely up to you whether you press on but if you fail, having been warned, Thomson may well seek their costs of the unnecessary hearing. Of course they may back down.

Goagoer

Payout!!
I received a very nice Christmas present in the post this morning.....a cheque from Thomson for the full amount I claimed!
Thank you for all the advice and support over the last year.
One last bit of advice please.....Thomson say I need to claim the court fee back from the court. Do I just include this claim in the email I'm going to write to the court telling them the claim has been settled?

legal_magpie

If by "the Court Fee" they mean the hearing fee and there is more than 7 days before the hearing (i.e. the full hearing of the case), then they are right. You should write to the Court, tell them that it's settled and requesting a refund of the hearing fee. If they are talking about any other Court fee, e.g. the fee you paid to issue the proceedings, they are wrong.

JPears

legal_magpie wrote: »

It is rather unfair to call Thomson's stance "bully boy tactics". They have made you an offer and you are free to accept it, reject or make a counter offer. Their ......
1. When judgment is entered in a foreign currency the relevant rate is at the sterling equivalent at date of payment, not the date of the claim. If the rate is adverse now, then that's unfortunate. It might have gone up.

2. Interest is always in the Court's discretion. Most solicitors claim at 8% because that is still the rate on judgment debts over £5,000.

It is entirely up to you whether you press on but if you fail, having been warned, Thomson may well seek their costs of the unnecessary hearing. Of course they may back down.

This assuming a judgement has been made though. If the airline are making an offer, pre judegment, surely the applicable rate should be at the time of the incident/delay/cancellation/denied boarding, since the compensation is technically payable at the time of the incident?
I would be inclined the call the airlines bluff and push for the highest figure by haggling to a midpoint....

legal_magpie

JPears wrote: »

I would be inclined the call the airlines bluff and push for the highest figure by haggling to a midpoint....

So would I but sometimes you have to look at the bigger picture and move on. Having said that, if Thomson are faced with several hundred people all making the same point, that advice might apply to them.

Harrys_gran

Cheque arrived !!

Lovely surprise today with a cheque from Thomson in settlement of 2006 claim that had been stayed in Court. Interest only at 4% but I still feel a moral victory for perseverance.

Many thanks to all on the forum for their help and advice and to those wondering if its worth the bother be brave and bite the bullet.

Power to the little man (or woman) !!

philhigg

I suffered a 3 hour plus delay with Thomson in 2013. I wrote to them in October 2014 and received no reply, so I have written again. I posted the original letter via recorded mail so I know they received it. According to the general advice, I should now contact the European Consumer Centre in Spain because the delayed flight took off from Mahon. Their contact form uses an out of date version of Adobe Reader and I can't download it. From experience could you advise me if I can jump straight to making a claim and if so do I use Money Claim Online. Thanks in advance for any advice.

legal_magpie

Yes, you can go ahead and issue Court proceedings now but read Vauban's guide first. See note at start of this page (Post 6101)

HarryH321

I'm very pleased to say that using the help provided by you guys on here and after sending Thomson two emails within 3 months. First an initial letter and then a notice of action threat. Today on the 24th of December I received a cheque for £951 from Thomson! A pretty good Xmas Treat! This was for a 6+ hour delay on TOM314 of this year which was delayed due to operational problems with the Dreamliner. Thank you guys!:beer: