Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

mackers88 wrote: »

Thanks guys
I think I,ve been thrown a bit of a curveball by Thomson,
As I said ,I put in an unspecified amount claim to court to address the interest issue - I did not ask for the FX rate to be backed up to the delay event - I assumed there without specifying it,.


I phoned Mcol today as I was expecting a court missive through after Thomson had,as I said, emailed the court and copied to me , that they were issuing a cheque at recent FX rate and stating no interest is allowable in County Court Act.
Mcol have told me that the email tells them that Thomson has settled the case, although it was only copied to me, and no negotiation has happened.


They tell me that nothing else happens now at this point. The onus is on me.
I can only ask for judgement at the courts discretion, since T say they are not defending, or re.negoiate with T.


They also say that there will not be a hearing now, so I am not able to put anything further in front of the judge.
It,s either take the money, talk to T, or get a judgement in default, without a chance to argue the toss regarding fx rates and interest.


Any thoughts ??
Appreciated

I must admit I noticed your post last night, and thought I would re-read it this morning with a clear head, but reading it gives me a head ache again....

I'm really struggling to follow any of it, first of all you cannot use MCOL for an unspecified amount AFAIK, it has to be for a defined amount.
Secondly, if you have a live legal case, it can't just vanish because the defendant says it's sorted !

Thirdly If they are not defending ask for Judgment by default.

mackers88

Yes, sorry about that.
I put the claim in on paper. When I referred to Mcol, I meant the money claims centre where everything goes now, and those were the people I spoke to yesterday.
Must admit I was surprised by what I was told - That my case was now on hold since T have told them that they are raising a cheque for £436 which I will receive in 14 days.
I was told I will hear nothing further from the court now, which I was expecting to, and that I simply accept the cheque in settlement and inform the court of that, or ask for judgement in default. ( which may be a better result)
I was told there would not be a hearing now, and any covering letter I include to the judge if I go for J in D, to argue my case for interest and FX ect, is likely to be disregarded.


I,m puzzled - any ideas ?


smartly

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I think you may be right

NoviceAngel

mackers88 wrote: »

Yes, sorry about that.
I put the claim in on paper. When I referred to Mcol, I meant the money claims centre where everything goes now, and those were the people I spoke to yesterday.
Must admit I was surprised by what I was told - That my case was now on hold since T have told them that they are raising a cheque for £436 which I will receive in 14 days.
I was told I will hear nothing further from the court now, which I was expecting to, and that I simply accept the cheque in settlement and inform the court of that, or ask for judgement in default. ( which may be a better result)
I was told there would not be a hearing now, and any covering letter I include to the judge if I go for J in D, to argue my case for interest and FX ect, is likely to be disregarded.


I,m puzzled - any ideas ?

smartly

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I think you may be right

Like I say, A case cannot just be over because the defendant wants it to be. You need to get back in touch with the Court and find out exactly what is happening, if they say the case in settled, ask them on whos authority ?

If you are not happy with the cheque amount, then submit your reasons to the Court and ask for a Judges directions and for it to go to a hearing...

Cheers,

NoviceAngel

batman44

mackers88 wrote: »

Yes, sorry about that.
I put the claim in on paper. When I referred to Mcol, I meant the money claims centre where everything goes now, and those were the people I spoke to yesterday.
Must admit I was surprised by what I was told - That my case was now on hold since T have told them that they are raising a cheque for £436 which I will receive in 14 days.
I was told I will hear nothing further from the court now, which I was expecting to, and that I simply accept the cheque in settlement and inform the court of that, or ask for judgement in default. ( which may be a better result)
I was told there would not be a hearing now, and any covering letter I include to the judge if I go for J in D, to argue my case for interest and FX ect, is likely to be disregarded.


I,m puzzled - any ideas ?


smartly

---

I think you may be right

Dont know what going on here but Money Claims Centre do not give any advice and defo not anything from the defence. The course of action is that after your claim is submitted it goes to the court of your choice, the court then allocates it to a judge who then send out directions only he has the power to hold the case. If they have offered settlement then you should have had the notice from Thomson first! this is your case and the judge does not do anything without you saying or having an input.

If you have had not had anything then let the court know by email, you can log all your correspondence via e-filing.gov.court what ever, just look up your court email address.

As part of any settlement it is between you and Thomson not the court, this has to be private if you have not had any hearing. You negotiate interest with Thomson as part of settlement, once you have agreed that had the cheque then you let the court know.

mackers88

Thanks for your input.
I,ve only received a copied email from T, of the email addressed to the judge. This was a couple of weeks back, and I had expected some sort of court direction letter, which I am told will not be forthcoming.
I have not been in touch with T since receiving the copy email, as I thought it was in the hands of the court/process, and it was obviously not addressed to me specifically as an offer to settle. It was addressed for the attention of the judge, and as CPR(part27)Directions.


I imagine I,ll have to go for J in D, but won,t get a face to face hearing out of that I don,t think.

What does anyone think ?

batman44

mackers88 wrote: »

Thanks for your input.
I,ve only received a copied email from T, of the email addressed to the judge. This was a couple of weeks back, and I had expected some sort of court direction letter, which I am told will not be forthcoming.
I have not been in touch with T since receiving the copy email, as I thought it was in the hands of the court/process, and it was obviously not addressed to me specifically as an offer to settle. It was addressed for the attention of the judge, and as CPR(part27)Directions.


I imagine I,ll have to go for J in D, but won,t get a face to face hearing out of that I don,t think.

What does anyone think ?

If you have had no direct communication from Thomson of offer to settle save costs and they have just gone past you to court then contact the court or email saying that settlement has not been agreed and you wish to carry this on. If you have paid a hearing fee then carry on, if not the ask the court to proceed with action to hearing. If the hearing has not taken place and you have agreed to judgement without hearing then you need to go down the baliff route at court.

Have you paid any hearing fee? What stage is your case at?

CPR part 27 is allocation to track, let the court know that settlement has not been offered and you wish this to go to hearing. Do not tick the judgement without hearing box on the directions questionaire. Obviously you need to find out why you are not party to CPR 27 if Thomson are, this is YOUR case not thomsons YOU decide all that happens.

mackers88

Cheers again
No hearing as yet - just at the stage where T have not put in defence, but have mailed the court as I said. They have said they will be sending me a cheque for £436 (600eu) + £70 costs thus far. They are disputing (in their email to court) any interest which I am asking the court to decide ( County court Act - compensation not damages = no interest )


So don,t know if much to go for with next step Request for Judgement

Organgrinder

Hi

I contacted Thomson regarding a 4 hour delay to Bulgaria.

They provided the following response.

Thank you for taking the time to contact us regarding your flight delay claim.

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM2688 Manchester to Sofia and our delay handling logs show that the flight was delayed due to adverse weather conditions on the previously scheduled flight. This then caused a knock on effect to your flight.

So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

10.Weather conditions incompatible with the safe operation of the flight.

An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

Thank you again for contacting us.

Am I correct in assuming they are just fobbing me off - isn't a knock on irrelevant? I am sure "the flight" pertains only to the flight that was delayed not any subsequent knock on effects.

Thanks in advance

batman44

Mackers88
Oh right, if you have not been to court the interest is not payable its olny at the descretion of the judge at a hearing. You could tell Thomson the you will not settle if no interest is included. But on the other hand take what they offer and run if interest is the only hold up.

batman44

Organgrinder wrote: »

Hi

I contacted Thomson regarding a 4 hour delay to Bulgaria.

They provided the following response.

Thank you for taking the time to contact us regarding your flight delay claim.

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM2688 Manchester to Sofia and our delay handling logs show that the flight was delayed due to adverse weather conditions on the previously scheduled flight. This then caused a knock on effect to your flight.

So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

10.Weather conditions incompatible with the safe operation of the flight.

An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

Thank you again for contacting us.

Am I correct in assuming they are just fobbing me off - isn't a knock on irrelevant? I am sure "the flight" pertains only to the flight that was delayed not any subsequent knock on effects.

Thanks in advance

Am I correct in assuming they are just fobbing me off - isn't a knock on irrelevant? I am sure "the flight" pertains only to the flight that was delayed not any subsequent knock on effects

Yes your right

Take them to court, the reg specifically state weather only affects a particular flight on a particular day. Yours was knock on so compo is payable.