Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

Scruffywuffy wrote: »

Thanks for that - I will do that - but can't Thomsons just say that they were too busy or come up with some other excuse - I know that some claims were paid out during the period Thomsons were ignoring me !!!!


I wondered if they did have a policy of ignoring compensation claims until an actual claim was issued but because of the fact that I know from here, some claims were settled before issue that didn't seem to be the case.

I wouldn't pre judge what might happen once the CAA receive a complaint. It will certainly get the airline looking over its shoulder tho😄
Good luck.

bobobski

I'm at the third stage with Resolver now for a delayed flight coming back from Cape Verde on 1 September this year. I'm also at the third stage for a Thomas Cook flight to the Dominican Republic three years ago. No reply from either company so far except one auto-response. My plan is to wait until the three weeks suggested by Resolver expires, then report both companies to the CAA. Ignoring compensation claims is equivalent to denying them, which is illegal since they are legally bound to pay that compensation (assuming all the criteria are met etc).

I am also a lawyer and this is also not my field, but I know enough to see the court as a last resort. I will use it, especially since the above advice suggests that issuing the Claim Form/Particulars is enough to get a response out of them, but I won't be taking it lightly.

I don't know about you guys but I find it very hard to stay calm and neutral in this process - in my case (Cape Verde) we were 9 hours delayed due to overfuelling of the plane (by 2 tonnes?!) and a failing engine, then over-hours staff, and we were not even given a free glass of water. Absolutely fuming but what can you do except play the waiting game and incrementally apply the pressure...

Incidentally, has anyone managed to get over the statutory amount? I was denied my legal rights (food and drink), had a staff member yell at me for no reason, have receipts for food to be refunded etc...

legal_magpie

bobobski wrote: »

Incidentally, has anyone managed to get over the statutory amount? I was denied my legal rights (food and drink), had a staff member yell at me for no reason, have receipts for food to be refunded etc...

Yes, I did because as well as claiming the statutory compensation for the delay I also included a claim for £500 arising out of what happened as a result of the delay, namely being messed around while the flew us from Gran Canaria to Tenerife and then being messed around by a night reception clerk at the hotel who probably took lessons from Basil Fawlty. Plus the fact that I had deliberately chosen to come home on the Saturday so as to have a day at home before returning to work. This didn't happen because of the 19 hour delay. Thomson settled my claim in full on the morning of the hearing.
BUT this was a week after the Huzar case was decided in Manchester so Thompson's barrister (who wasn't aware of the case) was rather wrongfooted by me and by the Judge. So I can't guarantee that I'd have won at a hearing. But go for it.

DorisTrousers

I am SO sorry for wasting the time of all the good people on here again but..

Got home today to a letter from Thomsons. They don't have my phone number so so I was expecting either an offer or a request to call them.

Instead, I got a notice of their defence which was that

1. The claimant failed to particularise their claim. The claimant should be compelled to provide the following information

a) Booking reference
b) Flight number

2. The defendant reserves the right to amend the defence subject to the receipt of the aforementioned

A few questions, if I may.

Are they just pulling my chain or what? Am I obliged to have quoted the booking reference on the court papers? I am at home now so cannot remember if I quoted the flight number, but I am pretty sure they only have one flight in and one flight out per day so how hard could that be to trace if I told them the date?

Do I reply to Thomsons, do I reply to the court, or both? If so, do I make it clear that this is clearly a stalling tactic or attempt to make me give up? Any ideas on how to word any reply?

I've spent the court fee now, so I am determined to see it through, but I just need a little helping hand I guess.

Thanks for listening.

111KAB

DT - they are pulling your chain but tug back. Sounds as though you have these details so you may as well supply them.
Write to the court advising that you believe that Thomson's are wasting both yours and their time however in the interest of resolving this matter speedily the flight number was ....and the booking reference was .....
Copy to Thomsons .... if you want to include any expletives on their copy .... up to you.

legal_magpie

What they are doing is called "putting you to proof". They are entitled to do this and they use a pro forma defence template. If you have the information there is no harm in supplying it but legally you don't have to unless the court specifically orders you to. So no need to worry. If you don't have the info you can say so later

DorisTrousers

Strongly worded letter sent to the court re blatant delaying tactics, but also, as suggested by 111KAB, with the appropriate booking reference and flight number. Noticed on Thomsons letter that they had quoted their own internal reference, which corresponded with the one quoted on an e mail receipt from them for when I paid for some champers on the plane on the way out (wife's birthday was on that day, no real extravagance when compared to the fallout if I had not bought it), so that proved without doubt that they knew who I was and had all the various details all along!!

Sent copy to Thomsons, whilst taking the opportunity to further remind them that I have kept all correspondence from them on the matter, especially the ones where they mentioned "knock on effect" and operational issues". Hopefully, that may encourage them to see sense and settle. Not overly keen on a court appearance still, although I will if they continue to play silly !!!!!!s.

Watch this space....

legal_magpie

Generally sending strongly worded letters either to the Court or to the airline does little good. The Court won't act on them. You've started court proceedings so just press on with them professionally

howticklediam

DorisTrousers wrote: »

DorisTrousers

I love your name and you deserve to win for that alone!

If I was a Judge....

But then again, no....

Momaz

I've recently had great news in that Thomson have finally settled my claim in full for a 24 hour delay on our flight to Mexico in Jan 15. The delay was due to a medical emergency on the preceding flight into Manchester from Barbados which had to divert to the Azores. Thomson initially refused to compensate claiming exceptional circumstances. After numerous back and forth via letter we contacted the CAA who agreed that we had a valid claim but that they couldn't make the airline pay out. As a last resort we started court proceedings which at the point of Thomsons being asked for their defence they settled in full and also refunded our court fees. The advice on this forum was invaluable and I would like to thank everyone for this as had we gone to court, we would have been able to build an pretty good defence. My advice is don't give up and although it didn't come to actual court proceedings, we would have seen this through to the bitter end if necessary