Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

In relation to the above doris case, it is interesting to note that in the regulation 261/2004 under denied boarding, it states that compensation is payable immedialtley.
Therefore in a denied boarding case, one should have more confidence in furthering the legal process to gain the compensation at the exchange rate on the day of the incident. And by delaying the payment due the airline has incurred a debt where interest is due.
It is notable and curious that the same stipulation is not made for cancelled or delayed flights in the regulation.

legal_magpie

Doris: They are right about the exchange rate. The rate allowed by the Court is at the date of payment. Yes, you do have to show a sterling equivalent at the time of issue but this is so that the Court can work out the correct fee. The rate may go up or down between issue and payment or judgment.
However, they are wrong about interest. if you included interest in your claim, you are entitled to it. They have kept you out of your money for years and forced you to sue them to get compensation. So I recommend that you reject the offer and press on.

If they subsequently agree to pay interest but hold firm on the exchange rate point, then I would give in provided that they also pay your court costs. But if they maintain their stance that they won't budge on either point, you have nothing to lose by taking it all the way.

DorisTrousers

Thanks, as ever.

Last question, do I reject by e mail or is there a special form I need to fill out and send to the court?

legal_magpie

Write to the airline but If the offer was in an official court document you should send a copy to the Court.

DorisTrousers

I received an e mail, with the court copied in.

I guess I maybe wait a day or so to see if anything comes from the court, or maybe e mail the lady at Thomsons back directly?

prezzo

Hi

Just thought I'd post an update on here, as like some, until this week I was beginning to wonder whether Thomson pay any attention to Resolver and if it worked at all. It took 82 days but I received a cheque yesterday for £564 (2 passengers). Letter was dated 4th December, which was actually a few days before I escalated the claim to the Civil Aviation Authority, so it does appear that despite not responding Thomson are doing something to address these claims.

One thing of note about the CAA, they are a lot more responsive. After emailing Resolver support I was given a link directly to submit a complaint to the CAA, had several requests from them for further information and confirmation they had contacted Thomson, all in the space of 3 days. If you haven't tried this yet here's the link I used:

CAA Complaint

So stick with it, it does work :T

cbrpaul

I just tried to use Prezzo link and I got this auto response from it after putting my details in , seems CAA cant help after all .


I departed from Palma De Mallorca.




The CAA does not investigate complaints where the flight departed from another EU Member State. Your options are to either contact the relevant national enforcement body for aviation in that country yourself or, if you prefer, we can forward the complaint to the relevant national enforcement body. Please see this page for more details http://www.caa.co.uk/default.aspx?catid=2211&pageid=12725

Layny

Thanks to following this page I have been successful in getting compensation for 2 people returning from Cuba in November 2012 after a 36 hour delay. Thomson stonewalled me for a long time and eventually I got the CAA involved. Can't recommend them highly enough as recieved £861 within 2 weeks of contacting them! The online form for them is very user friendly.
Thankyou to those on the forum who give up their time and expertise helping people to understand the claim systems

Cookie62

I had a valid 4 hour flight delay claim, a flight from Malaga to Bristol airport on 27th September 2015. In spite of numerous letters, emails and telephone call I still have not had a formal response from them.
I loved the holiday but the flight back delay did cause some issues for us getting back home from the airport and the delay was due to a member of staff being ill. Do I have to escalate the claim or can I go for county court action. I am so disappointed Thompson cant be bothered to respond that they have received my claim after 3 months.
After reading all these comments looks like I could be waiting at least 12 months!

Tyzap

Cookie62 wrote: »

I had a valid 4 hour flight delay claim, a flight from Malaga to Bristol airport on 27th September 2015. In spite of numerous letters, emails and telephone call I still have not had a formal response from them.
I loved the holiday but the flight back delay did cause some issues for us getting back home from the airport and the delay was due to a member of staff being ill. Do I have to escalate the claim or can I go for county court action. I am so disappointed Thompson cant be bothered to respond that they have received my claim after 3 months.
After reading all these comments looks like I could be waiting at least 12 months!

Hi,

You need to take charge of the situation that you are in, don't allow the airline to give you the run around.

1st step is to have a good read of Vaubans great guide, it will tell you how to deal with this situation yourself.
https://www.dropbox.com/s/w6hmpy5ysxpck6k/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf?dl=0

Here is a link to an article which is very helpful from Bott and Co, who are my recommendation if you decide to go with a NWNF solicitor.
https://www.youtube.com/watch?v=4VCH2h9EM2s

Once you have had a read post any further questions here and you'll get help.

Good luck.