Flight delay and cancellation compensation, Tui/Thomson ONLY

Big_Al_1000

Some advice please
I recently obtained a CCJ against Thomson for a 12 hour delay on a flight to Barbados from Doncaster in February 2011. I accepted an offer from Thomson as a part settlement but when I asked for a breakdown on how they arrived at this figure I got no answer. I then went ahead with a court hearing and the judge awarded me a further £200. Surprise, surprise they haven't paid me this extra amount.
How do I get them to pay. One option is the bailiffs but there is no guarantee of success. If they aren't successful what happens then, can I take the matter elsewhere. The sheriffs would be a better bet but the amount has to be over £600.


Thanks for all the advice in this forum that got me this far. I just need to finish it off now.


Big Al

NoviceAngel

Hi,

I'm a little confused so I thought I would break your post down and try and follow it all.

Big_Al_1000 wrote: »

Some advice please
I recently obtained a CCJ against Thomson for a 12 hour delay on a flight to Barbados from Doncaster in February 2011.

Ok, you went to Court, won your case and have a CCJ against Thomson. Well done.

Big_Al_1000 wrote: »

I accepted an offer from Thomson as a part settlement but when I asked for a breakdown on how they arrived at this figure I got no answer.

Hang on, why would Thomson offer only a part settlement, the Judge has given you a Judgment for a specific amount when you won your CCJ ? This makes no sense.

I would also say, it doesn't matter how they've worked it out EC261 compensation is a specific amount. It doesn't take any working out, plus you have been awarded a specific amount in your Court judgment.

Big_Al_1000 wrote: »

I then went ahead with a court hearing and the judge awarded me a further £200. Surprise, surprise they haven't paid me this extra amount.

Eh? So after winning your compensation and getting your CCJ you had another hearing, and was awarded a further £200?!?! Why ? What was this for?

Big_Al_1000 wrote: »

How do I get them to pay. One option is the bailiffs but there is no guarantee of success. If they aren't successful what happens then, can I take the matter elsewhere. The sheriffs would be a better bet but the amount has to be over £600.


Thanks for all the advice in this forum that got me this far. I just need to finish it off now.


Big Al

Yes you can instruct CC Bailiffs but this would be unusual step given you have a CCJ. Although we have seen the odd case get to this very high stage, they should now just pay up. What is their reasoning for not paying the Judgment?

If you instruct bailiffs, then it is highly likely that they will be successful it's a very easy win for them. It's called a 'Warrant of execution' and can be done easily. If the Company were to have no assets then the bailiffs would be unable to recover any monies for you and you would be left with a CCJ against them, highly unlikely.

Yes large high court Sheriffs go for larger awards, but with the extra £200 awarded on top of the EU amount, what was the total of your award plus compensation?

I hope you can explain a lot more, this one does puzzle me.

Cheers,

NoviceAngel

Steg65

Any Advice please. Has anyone else been having problems with Thomson over refund for delayed flight?
I first applied for my compensation 18 months back for a delayed flight from October 2010. Me and my son was delayed for approx 22 hours in Egypt. First I was told that there was an appeal going to challenge decision of compensation for delayed flights over 2 years old. Wehad to wait till after that. There appeal was turned down which ment we was entitled to compensation. I contacted them a few months after decision and was told they had closed down my case and had no record of me. I resent all my paper work via email and recorded post as they also told me they had not received documentation I sent.
Finally a decision to pay approx £890 for 2 people was made February 2015. I was told cheque was with finance, we would receive it within a week.
After phoning back each week I was told there's a backlog. I will have to wait up to 28 days to receive it. Now am being told after 28 more days cheque is lost in post. They will now have to cancel cheque and re issue it. Which now will take 6 to 8 weeks I am told. How many other people's cheques have been lost in the post? I told them yesterday I will be reporting them as I have heard other people's cheques have vanished into thin air. Is this a way of holding onto people's compensation money longer! Are Thomsons in some sort of breach by doing this? I have given them one more week to investigate if cheque has been posted before I allow them to cancel it. After me saying am going to report them to a governing body, I was told a manger is now looking into.
Any advice on who I can contact to complain about the way Thomsons acting. Also does it really take 6 to 8 weeks to issue one cheque?
I will keep you posted of my outcome.

Vauban

Steg65 wrote: »

How many other people's cheques have been lost in the post?

Not heard of many.

Steg65 wrote: »

Is this a way of holding onto people's compensation money longer! Are Thomsons in some sort of breach by doing this?

I doubt it. And no.

Steg65 wrote: »

Any advice on who I can contact to complain about the way Thomsons acting. Also does it really take 6 to 8 weeks to issue one cheque?

You could write to customer services, or the Chief Executive: but it's not going to make any difference. It shouldn't really take 6-8 weeks to issue a cheque, but at least you're getting your money.[/quote]

Steg65

Thanks for reply Vauban.It's a nice Result for me finally being offered compensation. Just feel they are messing people around before parting with money.
Hopefully threat of reporting them will speed things up.
The annoying part of this was they told me to call back each week for progress on cheque. Which I did, And I was on Hold for a minimum of 1 hour to 3 hours listening to Bohemian Rhapsody by queen sound track over and over!!

Vauban

Steg65 wrote: »

Thanks for reply Vauban.It's a nice Result for me finally being offered compensation. Just feel they are messing people around before parting with money.
Hopefully threat of reporting them will speed things up.
The annoying part of this was they told me to call back each week for progress on cheque. Which I did, And I was on Hold for a minimum of 1 hour to 3 hours listening to Bohemian Rhapsody by queen sound track over and over!!

Indeed - I understand the frustration. The trouble is, I think, that some of these airlines set themselves against paying this compensation, so never developed the systems to cope. And when they finally ran out of legal options, they realised they don't have the people or processes to pay out promptly. Two airlines who've handled this issue much better at easyJet and BA: and they pay out pretty speedily, normally. At least you're nearly there now ...

razorsedge

Steg65 wrote: »

Any advice on who I can contact to complain about the way Thomsons acting. Also does it really take 6 to 8 weeks to issue one cheque

I would issue an NBA giving them 14 days to pay and then start court action if they have not paid you by then.

m4rkje

I was delayed for ~22hrs and raised the relevant paperwork etc and mailed Thomson 3 times.
I received 3 rejection emails all different but none affording liability so have succumbed to going vie Bott&Co on a NWNF basis. Initial findings look positive as they have agreed to take my case on - sure they wouldn't if there was an element od doubt


so... should all go well, I am happy to take what's left of the pay-out after B&C take their well earned %


BUT


Having been fobbed off by numerous ridiculous excuses think 'technically' that Thomson have lied to me and I personally am out of pocket by whatever B&C have taken


Do I have reason to go back and reclaim the monies that B&C have taken from me?

JPears

No, they did the work to get you your compensation.
Only thing you can do is report airline to CAA fo their behaviour in your claim. But it'll make no difference.

Big_Al_1000

Novice Angel
Thanks for your reply and now I will fill in what has happened since this saga started.

The delay was in February 2011 and Thomson categorically refused to pay any compensation. It was in Jan 2013 that I saw a tv programme on flight delay compensation and contacted Thomson again. Over a series of letters to them they refused compensation on the two year ruling. I also complained to the CAA and they eventually came back and said it was extraordinary circumstances even though I had a letter from Thomson at the time stating it was a technical problem with a leak in the hydraulic system on the landing gear.

From the forum I was aware of the Huzar and Dawson cases so decided to await the Supreme court decision before taking any action. As soon as the ruling was announced I sent a NBA letter and got no reply so I started a CC money claim against them. I then recieved a reply from the court saying they were going to defend the case. So I set about producing a bundle for the court appearance. All this was carried out as per Vauban's guide.

Out of the blue on Dec 22nd I received a cheque from Thomson for £1156 for the statutory compensation plus 4% interest. I wrote to Thomson asking for a detailed breakdown of how they arrived at this figure but as usual got no reply. So I went ahead with a hearing as they did not defend the case. At the hearing the Judge thought that 4% was a fair rate but he used the exchange rate from the date of the delay and worked out how much Thomson owed me. This amounted to £200 (which included the hearing fee) more than the cheque I had already received.

This should have been paid to me this week but as I said I have not received anything. If I apply for a Warrant of Control this will entail a further fee and there is no guarantee that the bailiffs will get any money. I was asking if anyone had experience of enforcing a CCJ.

Big Al