Flight delay and cancellation compensation, Tui/Thomson ONLY

Roywad

Thanks JPears and Vauban for all your help. Just keeps rolling on doesn't it! Does anyone have a telephone number for the EU Delay Claims team at Thomsons please? Thought I might try them first.

socrates1882

N225 is correct. If you complete and return that the court should enter judgment.

Vauban

I'd get your default judgement first. For the sake a filling a short form, it improves your position immeasurably.

Roywad

Took your advice and phoned the Court. They informed me that they have sent me the appropriate form yesterday. Should arrive soon! Thanks everyone once again for your invaluable help and assistance.

legal_magpie

Yes, it's N225 which covers figures. You need to show the amount of the claim as you claimed it (or if better) today's exchange rate, plus interest to date (if you claimed it). Also make sure you claim any further court fees. If you want anything else, e.g. expenses if you had to go to court, you will have to mention this in a covering letter or by adapting the form if you can but unless the amount is very substantial it may not be worth the hassle
JJ

razorsedge

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.

There is a bit more to the 8% interest rate than they are letting on, it is not just from the CCA s69.
See this for some more info:
https://forums.moneysavingexpert.com/discussion/comment/63979914#Comment_63979914

Jerry2014

I also received a General Form of Judgement or Order from Liverpool County Court today (where my claim was transferred in December).

The Order gives Thomson until 4th Feb to explain why their defence should not be struck out.

Upon receipt of any such letter the file shall be referred to an 'Airline Judge'.

From the previous post it looks as though Thomson are having a job keeping up, or have decided not to spend time replying to the Court.

Funny that, they were so keen on the courts before the Supreme Court ruled.

legal_magpie

Ultimately, the rate of interest is at the discretion of the Court but I always include a claim at 8% per annum backdated to the date on which the money became due or the cause of action arose. In my own case I claimed from the date of the flight. This rate is also the rate on judgment debts of over £5000.


It is all very pontificating about the rights and wrongs of the situation but ultimately, it's a matter of pounds shillings and pence.


If you get an offer including interest at 4% you have to weigh up the hassle of having to attend a hearing plus all the necessary paperwork against the amount in issue.


For example in a claim for £1,000 backdated for 2 years, interest at 8% is £160. At 4% it is £80. So is it worth it? On the other hand, you may think it's a matter of principle and if you dig your heels in and insist on a hearing, Thomson can do the same sums and may reach the same view.


So there's no right or wrong answer here. Just a matter of negotiation and, ultimately, common sense.
JJ

Vauban

Jerry2014 wrote: »

I also received a General Form of Judgement or Order from Liverpool County Court today (where my claim was transferred in December).

The Order gives Thomson until 4th Feb to explain why their defence should not be struck out.

Upon receipt of any such letter the file shall be referred to an 'Airline Judge'.

From the previous post it looks as though Thomson are having a job keeping up, or have decided not to spend time replying to the Court.

Funny that, they were so keen on the courts before the Supreme Court ruled.

I think you're nearly there Jerry - one more heave!

Gorbar

Botts have received another large settlement from Thomsons today. Fingers crossed, might be extra spending money for our holiday next week!!!