Flight delay and cancellation compensation, Tui/Thomson ONLY

Nicktee55_2

I'm about to win!
Flight TOM188 Manchester-Male 26.5.2010
After so much wrangling over the two year stuff, the Supreme Court ruling, and they STILL refused to pay.
I issued County Court proceedings, they STILL refused to pay.
They filed a defence which I could demolish, completely and utterly.
I made an offer to settle, they STILL refused to pay, but at least I got it transferred to my local court.
I paid the court fee, they STILL didn't pay.
I put together the court bundle (130 pages) and served it in time.
Bundle day came and went, but no bundle arrived.
The day after bundle day (today) I received their 'bundle' - 3 pages.
They admit liability and are paying up, declining to pay interest, but otherwise in full.
It's still up to me whether I accept........
To everyone who was on this flight (and had to listen to the captain's verbal diarrhoea!), I now have an admission of liability!
Just goes to show, Thomson will take you to the wire, but they'll pay up in the end, keep going!
Thanks to everyone in here for their help and support, particularly razorsedge - you're all brilliant.
:j:beer:

NoviceAngel

Nicktee55 wrote: »

I'm about to win!
.........
It's still up to me whether I accept........
To everyone who was on this flight (and had to listen to the captain's verbal diarrhoea!), I now have an admission of liability!
Just goes to show, Thomson will take you to the wire, but they'll pay up in the end, keep going!
:j:beer:

Firstly, congratulations what a long protracted battle you've had!

Secondly, I'm surprised that they have offered to settle AND have admitted liability, normally an offer would be as a gesture of goodwill 'save to costs' and would explicitly say without admitting liability.

A good result in the end, I might be inclined in view of the above to ask to settle with a decent interest rate of 4% obviously pointing out that the Court may award 8%. That is obviously your decision. What are your troughts?

Congrats

NoviceAngel

Nicktee55_2

The admission is on their court defence paper (i.e. their 'bundle'):

1. The defendant admits that it is liable to the claimants in the sum of €300
2. (about they're not coming to court), but here's the clincher for all to see..
3. It is admitted that the claimants are entitled to compensation in accordance with article 7 of EC Regulation 261/2004....

My thoughts? We lost most of our first day's holiday as a result of the delay, and until I found out about 261/2004 in MSE didn't realise that we were entitled to compensation. So I went for it. The only reason I have taken this so far is because of Thomson's outright fiction of the two year time limit, their intransigence, even when court cases had ruled against them, and their lack of any meaningful dialogue, even after I'd issued court proceedings. It therefore became a matter of principle, not about the money. Well, they've had to back down in the end, but wouldn't have if I hadn't pushed so hard, there have been times when I've thought of throwing in the towel, but I'm glad I didn't!

I've won, and maybe my victory can encourage and help others as well - that's enough, a bit of interest isn't going to change it that much in the end.

Don't give up, no matter how far Thomson have pushed you, you will win!

Vauban

Well done - great result. (Satisfying, isn't it?)

Nicktee55_2

Yes, I do feel a great sense of satisfaction - it hasn't really sunk in yet that I'm no longer doing battle. Feels good. Thanks again everyone. Anyone else on the same flight feel free to PM me if you want to know more.

razorsedge

Nicktee55 wrote: »

Yes, I do feel a great sense of satisfaction - it hasn't really sunk in yet that I'm no longer doing battle. Feels good. Thanks again everyone. Anyone else on the same flight feel free to PM me if you want to know more.

Nicktee55

I have just sent you an email with my thoughts. I personally believe that all is not what it seems with what Thomson have said to you recently.

111KAB

Nicktee55 - are you sure they have sent you the correct amount (€300) as your post mentions claimantS , a long delay (over 4 hours?) and presume you had court costs???

razorsedge

111KAB wrote: »

Nicktee55 - are you sure they have sent you the correct amount (€300) as your post mentions claimantS , a long delay (over 4 hours?) and presume you had court costs???

11KAB
Well spotted.
The delay was over 3 but under 4 hours BTW (I know because I was there).

I have also dealt with your other observations in my email to Nicktee55, he was kind enough to let me have a full copy. There are a few other things that needed pointing out.

Thomson have only admitted to the Court certain things and requested a hearing in their absence (well, at least this time they were courteous enough to say they were not going to bother turning up!)

However, it is of course entirely up to Nicktee55 how they deal with it.

Nicktee55_2

Yes it is correct, they're sending me €300 per passenger as per the covering letter, plus my costs - the delay was actually less then 4 hours, but impacted significantly our first day at the resort.

retatco

Nicktee55 wrote: »

Yes it is correct, they're sending me €300 per passenger as per the covering letter, plus my costs - the delay was actually less then 4 hours, but impacted significantly our first day at the resort.

Nicktee, if you included interest in your initial court papers (N1?) you are entitled to interest in their settlement figure. It is five years after all.