Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

MrsChewy wrote: »

Update on Claim,
Along with lots of others received a cheque from Thomson in December for my 2 claims. Went back asked for full payment of court cost and have finally received a cheque for another £300.00 which I have now accepted in full and final settlement total claims £4200. Interesting bit is that during this time I asked for judgement on the 2 claims which I was given. However, the claims were dealt with by 2 different judges one gave me 8% interest from the date of the flight and the other 8% but only from the date of the claim not the date of the flight. When I challenged this the judge said at the date of the flight the law as interpreted did not allow for interest!!

Very interesting point about the interest, AFAIK, interest is payable, at the discretion of the Judge from the flight date...

'DISCRETION' is the key word here

Congrats on your success and well done

Cheers.

NoviceAngel

legal_magpie

It may depend on the precise wording of the claim for interest. It should have claimed as "Interest at 8% per annum from the [date of flight] until payment or judgment pursuant to (etc). You then calculate the interest up to the date of issue and add that figure to the basic amount of your claim and the total goes in the amount claimed box. Note that Money Claim online is more complicated

Mark2spark

NoviceAngel wrote: »

My golly gosh, you're actually giving them a chance Mark2spark? I'd have Thomson in the dock by now , To be serious yes, do what our Mark2spark says, they may even cough up once they know that they're not dealing with a push over!

Well the point of writing 'one more time' N.A. was because NBA hadn't been issued, so you'd have to do that anyway, and you're also given them fair warning that you know that they're going nowhere with that excuse - you never know, it might speed the payout!

slg_sue

I have an ongoing claim and am using Bott & Co as I do not want to ruin the chances of the other 14 people in our party getting compensation (if I lost I would feel terrible!)
Our claim has been ongoing since Jan 2014 and had notification from Bott that they had issued court proceedings over a month ago. I believe that Thomson had until 20 Feb (Friday last) to issue a defence and have yet to find out if they had done that as when I called early Friday evening and this morning the legal manager who would know was not in the office.
Obviously I have emailed today to get an answer when he is in the office, but what is the probability that they haven't? I am going with my instinct that they have, but live in hope!!!
The reason for our delay was that a previous flight picking up from Mexico had a technical fault which caused our flight delay. 8 or so hours from Gatwick to Sanford Florida!

andresykes

Just got back from court - Thomson didn't turn up.

The Judge awarded us in full including 5 3/4 years of interest at 8% to be paid within 14 days.

He dismissed their argument of exceptional circumstances citing a lack of evidence, lack of proof and a misconceived defence.

He was happy with my argument and document bundle, and he was a really, really nice chap. Lots of annoyance over the last 2 years to get to this point but today was worth it all.

Many thanks to everyone who has posted replies to my questions and all the other really useful posts as well.

Tyzap

Marvellous result!

Well done for sticking with it.

ZeeWrath

so I've just had a holiday with thomson with delays on both ways for long haul flights.

I've had a read of the guide but I'm unsure if I will have a case

the first leg, the plane was late landing(approx 1-2 hours) but they said there was a medical emergency on board, later on they realised they under fueled it so people who boarded had to exit, wait and board again. This led to a 5hour ish departure delay and we touched down just under 4 hours late. Any ideas how it works if only part of the delay was caused by exceptional circumstances?

At the time they refused to hand out any food/drinks vouchers as the plane wasn't going to be over 4 hours late, which it was. I had a meal in the terminal so i'm going to try to claim for that

The second was a 22 hour delay, they blamed bad weather diverting our plane on a previous flight(2 flights before ours) and they sent a replacement plane at the "earliest possibility". But I'm not sure if this meets the conditions of them doing everything possible to stop the delay.

I've sent through a template detailing the delays and waiting for them to comeback

Tyzap

Hi ZeeWrath,

If your saying the incoming flight landed 1-2 hours late because of a medical emergency on the previous flight and then an additional delay for refuelling. All resulting in your arrival at your destination about 4 hours late then yes you have a valid claim. Read Vaubans superb guide tho and pay close attention to the distance and times to qualify. Just under or just over 4 hours is important.

The second 22 hour delay is also valid as it was a knock on that affected your flight.

Good luck.

bigmama1

I can't keep it quiet any longer! I haven't given any details before but at the end of January this year I decided to write to Thomson telling them my husband and I were considering resubmitting our claim for compensation to the court.

For those of you who might remember our hearing last year, the judge decided to base his decision on paper work alone even though we had specifically requested an oral hearing to refute Thomson's defence.

We have been quite stressed regarding the judge's decision and are at present making a complaint about the judicial handling of our case also! That's another story though!

In my long letter to Thomson I presented my proof regarding their incorrect statements and even used their own disclosure and Daily Operations reports. I gave them all the information which I was going to be using in resubmitting a claim to the court.

I also mentioned that my husband and I wished to reduce the need to go to court again which would subsequently incurr Thomson a lot of expense with a barristers fees and court costs etc. We were seeking an amicable result from Thomson Airways.

Well today, I telephoned Thomson Flight Delay Team and spoke to the Manager. He told me a cheque had been sent out for £900 already! I informed him the cheque hadn't been received as yet and that the amount was wrong! He agreed! He told me that this would be a part payment and the court cost and the rest would follow. Interest will be back dated to December 2010 but at only 4% but as I didn't wish to push my luck I agreed to 4%! After all it is nearly another year of interest added to our claim!

He told me to contact him in 2 weeks if we haven't received our money. I've marked it on our calendar already!

I was told by everyone to let it go but I think as I had put a good letter together telling them the mistakes in their evidence, they have decided to save their money by not going to court. Not bad for an OAP of 73 years of age!

So now only have 2 weeks to go, I hope, but I feel confidant everything will be ok.

The Manager was a very nice man and I was really happy he had seen sense and had dealt with our letter quickly.

ZeeWrath

Tyzap wrote: »

Hi ZeeWrath,

If your saying the incoming flight landed 1-2 hours late because of a medical emergency on the previous flight and then an additional delay for refuelling. All resulting in your arrival at your destination about 4 hours late then yes you have a valid claim. Read Vaubans superb guide tho and pay close attention to the distance and times to qualify. Just under or just over 4 hours is important.

The second 22 hour delay is also valid as it was a knock on that affected your flight.

Good luck.

Thanks, so it seems all incidents relating to the previous flights are irrelevant?

I didn't check the time as we landed just estimated it after, cant find any info on the web when it landed. But it seems i need the doors open time anyway. Hopefully thomsons reply will clear it up

Good to know you think I have a case. Whether thomson see it that way though...