Flight delay and cancellation compensation, Tui/Thomson ONLY

glentoran99

bigmama1 wrote: »

As I said before, Thomson know we have the proof and they know that the judge was wrong in making that paperwork only decision on our claim.

They also know that it would cost them a lot more to go to court and pay for a barrister to attend. So they will indirectly save money to pay our claim now before we resubmit it again.

Can you simply resubmit again? Would you not have to appeal the decision.

Either way I cant see a judge looking favourably on you if they have offered to settle for the statatory amount and the court case is to claim interest

Theres nothing to guarantee had you won first time round you would have been awarded interest

sallysaver

Dingles2015 wrote: »

Technical defect, which they classed as Extraordinay Circumstance !! Heard that somewhere before!!

Thanks for that. Yes, same here, technical defect namely 'pitot heat defects'. Of course, this is the mechanical term, but I seriously believe it is another 'stalling' tactic in order to ward off 'average Joe' Most people would just give up when they read anything like this and of course that is perhaps what Thomsons are looking for. Thanks again - Sally

bigmama1

glentoran99 wrote: »

Can you simply resubmit again? Would you not have to appeal the decision.

Either way I cant see a judge looking favourably on you if they have offered to settle for the statatory amount and the court case is to claim interest

Theres nothing to guarantee had you won first time round you would have been awarded interest

You need to read HM Courts & Tribunals Service publication EX302 where it expressly states "interest under Section 69 of the County Court Acts 1984 at the rate of 8% a year from the date the money became owed to you to date you are issuing the claim and also interest at the same rate up to the date of judgment or earlier payment".

tracylou

bigmama1 wrote: »

As I said before, Thomson know we have the proof and they know that the judge was wrong in making that paperwork only decision on our claim.

They also know that it would cost them a lot more to go to court and pay for a barrister to attend. So they will indirectly save money to pay our claim now before we resubmit it again.

Well done bigmama, and fair play to Thomson to have the good grace to acknowledge that you have a valid claim, even though the Judge ruled in their favour last year.

They seem to be paying out at last, mine came out of the blue at the weekend, and other posters have had similar successes. Maybe they've finally realised it's cheaper for them to pay up rather than have to go through the costly court route.

I'm very pleased for you, hope you get all you're owed very soon.

JPears

bigmama1 wrote: »

You need to read HM Courts & Tribunals Service publication EX302 where it expressly states "interest under Section 69 of the County Court Acts 1984 at the rate of 8% a year from the date the money became owed to you to date you are issuing the claim and also interest at the same rate up to the date of judgment or earlier payment".

bigmama1 - congrats on your persistance.
However, interest awarded is entirely at the judge's discretion. 4% is common, so is nothing at all. 8% very very occasionally, usually when airline haven't turned up and the judge is p****d off.
My advice , FWIW, accept the offer and enjoy.

bigmama1

glentoran99 wrote: »

Can you simply resubmit again? Would you not have to appeal the decision.

Either way I cant see a judge looking favourably on you if they have offered to settle for the statatory amount and the court case is to claim interest

Theres nothing to guarantee had you won first time round you would have been awarded interest

We weren't going back to court to claim interest! The court fees would be more than the interest!

We were unable to appeal the decision as out of time. We were going to resubmit as we were not granted an oral hearing as we had expressly requested. The judge made an error in his judgement by ignoring our written request, therefore, we decided to resubmit our claim as others have already done on this forum.

Vauban

Bigmama: I'm afraid that had you gone back to court your case would have been thrown out as an abuse of process. However unfair you felt the original judgement (and I agree) you cannot re-litigate the same case: you can only appeal - and that wd be very difficult now.

So it's incredible frankly that the airline has agreed to pay you anything at all - and a great result for you. Time to declare victory and enjoy the satisfaction of a great result.

(As others have said, you have no right to interest - that's at the discretion of the judge.)

bigmama1

Vauban wrote: »

Bigmama: I'm afraid that had you gone back to court your case would have been thrown out as an abuse of process. However unfair you felt the original judgement (and I agree) you cannot re-litigate the same case: you can only appeal - and that wd be very difficult now.

So it's incredible frankly that the airline has agreed to pay you anything at all - and a great result for you. Time to declare victory and enjoy the satisfaction of a great result.

(As others have said, you have no right to interest - that's at the discretion of the judge.)

What about the judge's abuse of the system Vauban? We wanted to appeal but at that time could not afford the fee. We also felt so let down at our treatment by the judge that we became ill with stress.

We are now in a better position, as far as mind set, not health though unfortunately. Still the satisfaction of getting our compensation claim being paid will pay for a holiday for us.

smartly

Just discovered that MCOL website is only "down" if you go in using Google Chrome browser, if you use Internet Explorer it works OK

legal_magpie

bigmama1 wrote: »

What about the judge's abuse of the system Vauban?

For the last time, the Judge did not abuse the system. He made a decision which he thought was right on the information and evidence before him. If you felt that he was wrong, your remedy was to appeal which you didn't do.
To have persuaded Thomson to make a voluntary payment after this is an amazing achievement on your part. You have done brilliantly so enjoy your holiday and belt up.
JJ