Flight delay and cancellation compensation, Tui/Thomson ONLY

mac101_2

Thanks to everyone on here I received a cheque from Thomson for the £870 for the delay back in 2011. My initial claim was rejected on "exceptional circumstances" but following the Huzar judgement I resubmitted my claim and after a final NBA got my compensation.

Thanks to everyone on here for the encouragement to keep going and especially to Vauban for his excellent guide and advice!

mackers88

Your case seems remarkably similar to mine dating back to 2009.
Again, I,m in the court process, and after Thomson saying they were defending, they are now not apparently, although I,m waiting on court confirmation on that.
I,m interested to hear that you got the FX rate at the time of the delay and interest.
I have made a claim for an unspecified amount, with interest added at the courts discretion. At a hearing which I intend to go to, I,ll also raise the FX question.
Just at the moment, Thomson have offered compensation at recent FX rate, but wil defend my right to any interest, citing this compensation payment is not a "debt" and so non-qualifying for interest under the County Courts Act.
Can I ask you a favour ? It would be hugely helpful if I could quote your case at my hearing, as an example of FX rates being granted at the delay time rate, and Thomsons willingness to pay interest in some cases.


If you were able to give me those details , I would really appreciate it.
Regards

utigers

Hi all, just wondering if someone with experience in these matters can offer guidance and whether I should proceed with this claim.

I seem to tick all the boxes for a claim, the delay was due to a technical fault soon after take off, we landed and then waited.

Now the delay was 'only' 6 hours, however what REALLY annoys me is the likes off Thomsons charging huge premiums for Easter holidays . Well now I may have a chance to get some back?

Is it worth doing the template form? Is the compensation purely based on delay/distance formula set out in the guidelines? So you dont even have to show any costs incurred for the delay?

Thanks for any replies.

Vauban

utigers wrote: »

Is it worth doing the template form? Is the compensation purely based on delay/distance formula set out in the guidelines? So you dont even have to show any costs incurred for the delay?

Thanks for any replies.

Start by reading my guide.

utigers

Cheers Vauban good guide.

Will start off and see if Thomsons have a claim page.

Any ideas on the success rates?

NoviceAngel

mackers88 wrote: »

Just at the moment, Thomson have offered compensation at recent FX rate, but wil defend my right to any interest, citing this compensation payment is not a "debt" and so non-qualifying for interest under the County Courts Act.

Hmmmm,
(the argument is that this isn’t a claim for damages or debt and therefore isn’t covered by S. 69 of the County Courts Act)

But we don't talk about that, just quote DJ Jenkinson http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

But be careful about interest, it's totally at the discretion of the DJ.

Cheers,

NoviceAngel

mackers88

Thanks for your reply.
Any advice on whether it,s worth going for the FX rate at the delay event date, when I go to hearing ? - not sure of any precedents for this.
Also, you are sounding a bit cautious on the interest side of things - Are there any downsides to going for it ? I realise it,ll be at the judges discretion


Could I possibly not get the hearing costs returned perhaps if I continue with it and don,t get a backdated FX rate and interest ?
Thanks again for any pointers

Big_Al_1000

Many thanks for all your suggestions to my problem with Thomson and the final payment problem. Today almost a week overdue I received a cheque from them for the correct amount so now the matter is finally closed.
With regards to mackers88 I have no problem with using me as an example. I initially filled in the money claim form citing the exchange rate at the time of the delay and working out interest at 8%. The first cheque Thomson sent me, although there was no details of how they worked it out, seemed obvious that they used the rate at the time of their offer which was a great advantage to them.
At the hearing the judge reminded me that the interest rate was at his discretion and he thought 8% was excessive so agreed on 4% and he asked me for the exchange rate at the time of the delay.


Once again many thanks to all who support the forum.
Big Al

NoviceAngel

mackers88 wrote: »

Thanks for your reply.
Any advice on whether it,s worth going for the FX rate at the delay event date, when I go to hearing ? - not sure of any precedents for this.

You could try but DJ Jenkinson has said it should be the rate of exchange at the date you commence Court proceedings. Even DJ Jenkinsons decision is not binding on other Judges although it's said to be persuasive.

mackers88 wrote: »

Also, you are sounding a bit cautious on the interest side of things - Are there any downsides to going for it ? I realise it,ll be at the judges discretion

No down sides at all go for 8%, if you get 4% then that's a good result. The only reason I'm cautious is that I know the airlies have had some success with the S69 'not bebt or damages' line.

mackers88 wrote: »

Could I possibly not get the hearing costs returned perhaps if I continue with it and don,t get a backdated FX rate and interest ?
Thanks again for any pointers

You DO get all your costs paid if you win your case, if you lose you do not. It's entirely up to the Judge to award interest or not, and also to decide at what date the conversion should take place. There are no 'landmark' cases I'm afraid, the nearest we have is the one mentioned above.

Cheers,

NoviceAngel

Dougie34

Hi guys,

Been following the forum for a while and the advice is great.

We submitted a claim to Thomson for a flight delay in July 2009 (Dominican republic flight out of Manchester caused by a technical issue) and are currently awaiting their response. The claim was initially submitted direct in December 2014 and followed up in February 2015 when we were advised that it was under review.

When I advised that i was aware that the claim had to be brought within six years due to limitation (due to expire July 2015)I was told not to worry about this and that this wouldn't apply as the claim was submitted within this time frame.

Is this right? I have advised that I would put the claim in the hands of solicitors but don't want to lose this right if we don't receive a satisfactory response.

Am I right in thinking that if we don't receive a satisfactory reply and it goes past the limitation date in July 2015 we will lose our right to issue court proceedings?

Any advice is appreciate and keep up the good work!