Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

karl60 wrote: »

The only negative is that Thomson have paid interest at 4% rather than the 8 % claimed, and I have to claim my court fee back from the court as the case never got there. Thanks everyone for their help in the last 18 months.

Glad it was sorted in the end. Thomson have now given up on any more legal challenges (except on a case by case basis).
If the Court fee they mention was the hearing fee and you are applying in good time, Thomson are right as the Court will refund it. But this doesn't apply to the issue fee which is not refundable and which Thomson must pay. If this is the case you should press on with the case.
JJ

karl60

Thompson have paid my claim, but have paid interest at 4% rather than the court rate of 8%. I queried this with them and have the following reply. I would be interested to know what anyone thinks of the validity of this argument.

Re your question on the 4% interest:

The Claimant’s right of interest is by virtue of the County Courts Act s.69 – the 261/2004 Regulations make no such provision for interest.

“ the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.”

A number of years ago the Court did state 8%, however it is fair to say this was when interests rates were considerably higher.

We have made the commercial decision to pay 4% interest, provided that interest is claimed on the original claim form

We will argue that the dispute in question is not debt related and as such should not attract a rate of 8%, which we believe to be excessive; hence 4%

If you wish to reject our offer then we shall advise the Court, please post your cheque back to me – we do NOT allow the acceptance of part-payment.

scorpiouk

Hi All,

Just to update the forum and thank everyone for the advice over the years...:beer:

I was in court today, 2nd time due to a court issue..

Despite been told up to 48 hours before that they would be attending, TUI didn't turn up..

They submitted no updated defence..

Judge was very nice, studied my arguments, said he agreed with me completely. Was very displeased with the no show of TUI :j

They now have 14 days to pay.:T
Assuming an appeal is unlikely on the grounds of not showing up, and submitting nothing to the court..? Cant imagine it would be looked at favorably.


There is a bit more on this... There is a solicitor representing a group of people that were on the same flight.. They have asked for details such as case number, court, defence they use etc..

Am I ok to give these details? Court, judge, case number should all be public knowledge?

What about the rest?

I am inclined to help all I can as the treatment by TUI has been appalling. It also feels the right thing to do, helping fellow passengers albeit via their solicitor.

Thanks

JPears

karl60 wrote: »

Thompson have paid my claim, but have paid interest at 4% rather than the court rate of 8%. I queried this with them and have the following reply. I would be interested to know what anyone thinks of the validity of this argument.

Re your question on the 4% interest:

The Claimant’s right of interest is by virtue of the County Courts Act s.69 – the 261/2004 Regulations make no such provision for interest.

“ the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.”

A number of years ago the Court did state 8%, however it is fair to say this was when interests rates were considerably higher.

We have made the commercial decision to pay 4% interest, provided that interest is claimed on the original claim form

We will argue that the dispute in question is not debt related and as such should not attract a rate of 8%, which we believe to be excessive; hence 4%

If you wish to reject our offer then we shall advise the Court, please post your cheque back to me – we do NOT allow the acceptance of part-payment.

Karl this is fairly typical practice as Thomson know they can get away with it. If you took you case forward, a judge would probably look very unfavourably on a litigant going to court just to argue over the interest rate.
Indeed some would argue Thonson have been generous to give you 4%. Other airlines are not giving any interest.

Vauban

Well done Scorpiouk - good to see the airline behaving disgracefully to the bitter end! (Hope you got some costs awarded too?)

scorpiouk

Vauban wrote: »

Well done Scorpiouk - good to see the airline behaving disgracefully to the bitter end! (Hope you got some costs awarded too?)

Yes some costs but not amazing..

Vauban

scorpiouk wrote: »

Yes some costs but not amazing..

Yes. That's the downside of the small claims court, though frankly if Thomson's behaviour doesn't constitute unreasonable I don't know what does!

Do feel free to share your knowledge with others - these judgements and submissions are all public documents.

Roywad

Just had a letter from Liverpool County Court informing me that the Defence to my claim is now struck out for non compliance with the Order and it is for the Claimant to request judgement. I sent a letter to Liverpool CC and Thomsons the day after the Order date ( 18 December ) in which I enclosed a copy of my claim and thought I had asked for judgement so I am wondering what exactly I have to do/send them to request judgement.

JPears

Roywad, there maybe a specific form N- something you need to complete to enter for judgement?

Vauban

Roywad wrote: »

Just had a letter from Liverpool County Court informing me that the Defence to my claim is now struck out for non compliance with the Order and it is for the Claimant to request judgement. I sent a letter to Liverpool CC and Thomsons the day after the Order date ( 18 December ) in which I enclosed a copy of my claim and thought I had asked for judgement so I am wondering what exactly I have to do/send them to request judgement.

It's worth you giving the court a quick call to check, but there is a formal form you can complete called an N225 (http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n225-eng.pdf) where you can confirm that the Defendant has no defence and request immediate judgement. You'd fill in sections A, C and D I think.

Perhaps Legal Magpie or someone could confirm whether this is right?