Flight delay and cancellation compensation, Tui/Thomson ONLY

batman44

halcy0n wrote: »

Hi there. I have just posted a comment regarding a part admission received today. I noted your post with comment that states that you received a payment based upon the historic exchange rate at the time of your delayed flight plus interest. My offer is based upon a current exchange rate and they have said that interest is not eligible????? This makes a huge difference (in excess of £1000 presently) as the pound is so strong against the euro presently. Also, because the claim dates back to 2009 the interest is quite significant as the claim was for four people. Can you advise at all??? The post I am referring to was from user name SMARTLY posted on 24 March 2015. I am not allowed to copy in their post as I am new to this forum!

First the offer would seem reasonable for the following reasons,

1. The exchange rate is in euros to the pound at the time the euro would have been around 0.87, so just check historic rate via google. You need to convert the other way round as the compensation is in euros - so how many euros in a pound not how many pound for a euro, you will find quite a big difference.

2. Interest is only payable if it gets to court or hearing, they do not have to pay any interest at all, even then its down to the judge on the day. You need to way up is it worth your while taking this all the way, if you think you have a strong case then yes go for it.

legal_magpie

I beg to disagree about the interest. You have been kept out of your money for 6 years and are entitled to interest as of right as you have started court proceedings. The rate of interest is at the Court's discretion but not the principle. Whether it's worth the hassle of going to court is another matter but I would bet that the airline will increase the offer to include interest, perhaps at 4%, if you stick to your guns.

smartly

My historic exchange rate and interest was payable as Thomson did not put in a defence. If you issue court proceedings and on your claim stated plus interest then you would be entitled to what the judge awarded if it got that far, if you did claim you may need to may a counter offer of say 4% to see if they will agree to that. With regard to the historic exchange rate I don't believe there is any rule that states what rate should be payable - just that the regulations state the compensation becomes payable on the date of the delay. So it's mostly down to interpretation as I understand it.

JPears

I think you have to look at this realistically (and haggle)
The judge, given past experience, is likely to award at the exchange rate at the time of you legal claim commencment, I believe this been tested in a case, so hagle on that hstoric exchange rate.
Judges rarely award interest at the stipulated 8% unless the airline has acted unreasonably, like not turning up to court. More usual 4%, if at all.
When did you start legal actin? When did you put your claim into airline?

jimmin

Hi what flight number where you on, we had a delay of 25.5 hrs on tom113 from dominican Punta cana to man,

jimmin

jimmin wrote: »

Hi what flight number where you on, we had a delay of 25.5 hrs on tom113 from dominican Punta cana to man,

Thomson flight tom113 delayed 25.5hrs due to technical fault weather radar failed. Claim submitted 22nd dec 2014 . Just had letter back saying fault was extraordinary circumstances" discovery of hidden manufacturing defect by the air carrier( this is often noted by unusual failure of the same aircraft part" therefore they are rejecting claim under regulation of 261/2004 of the European union. Any body having similar problems and knows best way forward?

111KAB

Check if other flights delayed as you don't mention if radar was plane (seems likely) or airport located. If on plane likely you have valid claim - read Vauban's guide and go from there.

Tyzap

jimmin wrote: »

Thomson flight tom113 delayed 25.5hrs due to technical fault weather radar failed. Claim submitted 22nd dec 2014 . Just had letter back saying fault was extraordinary circumstances" discovery of hidden manufacturing defect by the air carrier( this is often noted by unusual failure of the same aircraft part" therefore they are rejecting claim under regulation of 261/2004 of the European union. Any body having similar problems and knows best way forward?

http://www.flightdelays.co.uk/blog/2015/1273/how-safe-is-it-flying-with-thomson

tulsidas

Hi my first post.
Finally thomson have rejected my claim stating "Extraordinary circumstances" because the the delay was due to "pitot heat defect".
The flight was in August 2011 and was from punta cana(DOM REP) to EMA..
Should i now try NWNF eg Bott ?

111KAB

tulsidas wrote: »

Hi my first post.
Finally thomson have rejected my claim stating "Extraordinary circumstances" because the the delay was due to "pitot heat defect".
The flight was in August 2011 and was from punta cana(DOM REP) to EMA..
Should i now try NWNF eg Bott ?

Read Vauban's guide first then decide whether to DIY or NWNF.