Flight delay and cancellation compensation, Tui/Thomson ONLY

sallysaver

expats wrote: »

I was on this flight, and on my return I used Resolver to start a claim for delay with Thomson. Apart from the standard automated replies to acknowledge receipt of my complaint nothing else happened.

So, I decided to use a NWNF solicitors firm which is well known on this forum. They have contacted Thomson with my claim, but thus far have had no response, and a further reminder has been sent.

I'm not surprised though, Thomson has a lousy reputation for poor communication, they probably hope that by ignoring claims they'll simply go away.

Hi
Regarding the communication problem with Thomsons,, I used the template letter on MSE as my first means of communication with them and sent it signed for. There was absolutely zero acknowledgement. I rang them and spoke with the delightful Emma who told me they didn't acknowledge any paperwork but did agree it was a bad thing. So I think the online communication gets an automatic response but there is little else. She told me we were on day 28 and they work in a 56 day cycle. I'm sure she knew more than she was letting on at the time of the phone call, as 4 days later the refusal arrived so I'll let you come to your own conclusions.

heavenscent

111KAB wrote: »

Personally I think you are worrying far too much. If your solicitor has agreed to take on then he must have thought you stood a good/reasonable chance and it you want to ensure he is fully briefed instruct him (after all you are, in effect, paying him) to read Vauban's guide - references everywhere on this thread.


After he has read said guide yours should be a 100% case in your favour. If you want to check on your household policy it needs to be from the year of the policy ie your delay was in 2010 you need to approach your insurers on that date.


I doubt very much that any insurer will accept the risk for the cover you require - not that it is a great risk just that the necessary research to ascertain the level of risk would not be worth the effort. NO ONE on this delay forum (insofar as I am aware) has had costs awarded against them.

I have spoken with the solicitors this morning to put my mind at rest. Apparently it's not necessary for me to take out insurance and I have misread the contract (easily done at 2 am hehe!). Apparently they arrange for legal expense insurance at no cost to me. This is their wording so to say I was a little confused! But they are now going to issue Court Proceedings so I will let you all know how the case proceeds. Bott and Co are handling my case and I have only heard good things about this firm so put my trust in them coming to a successful conclusion.


"Also although we have retained the right in the Conditional Fee Agreement to ask you to pay disbursements we reasonably anticipate that we will not have to ask you to fund any such item but rather Bott and Co Solicitors Limited will fund the disbursements on your behalf and ordinarily seek to recover these sums from the airline. You are responsible for payment of your opponent’s costs if the court orders you to pay them e.g., if your case is unsuccessful but we will arrange legal expense insurance (at no cost to you) which would pay those costs if your claim is unsuccessful.
At this juncture we should also point out that you may have pre-existing legal expense insurance e.g., holiday insurance that would cover the cost of making this claim. The most likely source of such insurance is attached to your holiday insurance or to a household buildings and contents policy. We ask that you check the terms of any such policy and if you have any legal expense insurance already in place, please send us a copy of the policy. If you are not sure whether a policy has legal expense insurance attached to it, please send us a copy of the policy to consider for you. If we do not hear from you on this point we will assume that you do not have pre-existing legal expense insurance in place. You give us the authority to deduct our charges and disbursements from the damages received before remitting the balance to yourself."

heavenscent

NoviceAngel wrote: »

Costs are normally only ever awarded if either party acted wholly unreasonably and simply losing your case if not acting unreasonably.

Thank you NoviceAngel. My solicitors said exactly the same thing to me when I contacted them this morning. Will let you know the outcome of my case once the Court Proceedings have been issued.

Vauban

heavenscent wrote: »

Thank you NoviceAngel. My solicitors said exactly the same thing to me when I contacted them this morning. Will let you know the outcome of my case once the Court Proceedings have been issued.

You are in excellent hands with Bott & Co - so you can just sit back and wait for your money!

sandramay

expats wrote: »

I was on this flight, and on my return I used Resolver to start a claim for delay with Thomson. Apart from the standard automated replies to acknowledge receipt of my complaint nothing else happened.

So, I decided to use a NWNF solicitors firm which is well known on this forum. They have contacted Thomson with my claim, but thus far have had no response, and a further reminder has been sent.

I'm not surprised though, Thomson has a lousy reputation for poor communication, they probably hope that by ignoring claims they'll simply go away.

It seems there are 3 of us who are claiming for this flight so let's update when ever we have any info. I still have not received my rejection letter only the verbal from Emma but that was nearly 2 weeks ago, but it is in the hands of a NWNF so hope we will all get a positive outcome on this.

expats

sandramay wrote: »

It seems there are 3 of us who are claiming for this flight so let's update when ever we have any info. I still have not received my rejection letter only the verbal from Emma but that was nearly 2 weeks ago, but it is in the hands of a NWNF so hope we will all get a positive outcome on this.

I think it's just a case of being persistent, and as you say hopefully all claimants on our flight will get paid out.

I was in a party of six, but the others have continued with the next step after using Resolver, ie going to the CAA. From what I've read here and elsewhere though the CAA have no powers to force airlines to pay compensation, so I'd rather shortcut the system by using a claims solicitor even if I won't collect as much after fees.

I'll feel better once court proceedings are initiated by the solicitor, that way I know things are really moving, though I appreciate these things take time.

I seem to remember that the captain, when making the announcement about the faulty radar, mentioned a replacement part was available in the UK, or in the US. He said they had decided to get the one from the UK. I suppose that was because it was able to be sent over on their normal flight going out to Punta Cana. I wonder how much less of a delay there would have been if the part had come from the US?

I'll be sure to update here as and when there are developments.

Neil_and_claire

Hi All

Update! Having posted on here some time ago regarding my 7 hour delay from Jamacia back in November 2014 with Thomson I finally have the outcome I wanted.

When I originally wrote to Thomson I was sent a letter back confirming the reason for my delay was bird strike. I thought no that is not right. Our flight was delayed due to the Dreamliner aircraft being delayed the day before due to technical issues as told by the pilot. So the aircraft was delayed in theory over almost 24 hours without us even knowing! So I wrote back to Thomson asking them to look into my complaint more as I was not happy with the outcome.

Low and behold I came home today to a letter from them. They told me they have looked into the internal airline reports which states our flight had actually been delayed as a result of operational issues. Behind it was a cheque attached for £873.00!!! Persitance pays off guys! Thank you to everyone who has given me advice and where to go to find out information! I hope everybody else gets the outcome that I did today!

NoviceAngel

Congratulations I knew you'd get a result in the end!

Cheers,

NoviceAngel

expats

Neil_and_claire wrote: »

Low and behold I came home today to a letter from them. They told me they have looked into the internal airline reports which states our flight had actually been delayed as a result of operational issues. Behind it was a cheque attached for £873.00!!! Persitance pays off guys! Thank you to everyone who has given me advice and where to go to find out information! I hope everybody else gets the outcome that I did today!

Well done, it's nice to get a result. :T

Neil_and_claire

Thanks so much guys! I'm over the moon!!!