Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

Erm, no, f you have paid the court fee Thomson MUST reimburse you for that too. Contact them.

DIYBaldyman

ang576 wrote: »

I know by doing this, they have avoided paying me my £60 court fees and interest but this was cheaper than me paying a Solicitor to submit a claim.
Now to book my next holiday! :-)

You made a claim, they ignored or rejected it. By issuing the cheque after receiving notice of court proceedings without any other correspondence, all they have effectively done is made an offer to settle, most likely without admission of liability.

You don't have to automatically accept their first offer, you are entitled to return the cheque & ask for your court fee to be reimbursed too.

I'm not 100% sure, but if you bank the cheque you may be deemed to have accepted their offer...

JPears

DIYBaldy - it depends on their covering letter. If it says nothing such as full and final settlement, you can bank cheque and write to them stating you have accepted in part payment and want the balance. ie court fee.

legal_magpie

Agreed. Also, if they don't pay the Court fee by the date on which their defence is due (28 days after the date of service of the Claim) you can enter judgement for the Court fee by filling in the request for judgement but making it clear on the request that the bulk of the claim has been paid in that section of the form

ang576

Thanks for that info. When I got home tonight there was a message on my answerphone asking me to ring Thomson's Legal Dept and a number. The number I have rung has put me through to some random board meeting. I have checked on the court papers and I have rung the right number, so guess I will try again in the morning. However, in light of the info you have posted, I will continue with the legal claim as they still have several days left yet before they need to respond. They do not say it is in Full and Final Settlement.

Their letter to me is dated 18th March 2016 and their cheque dated 31st March, although only received today and my claim was issued on 5th April 2016, so maybe they had already decided to settle before I submitted my claim but failed to respond to me in any way. They ticked the box saying they intended to defend all of this claim on 11th April.

What is further confusing is that the cheque was made out to my husband, although I booked and paid for the holiday in question and the claim was submitted in my name?

JPears

So they will have to take that on the chin. Since cheque is dated 31st March, I wouldn't put much store in the "accuracy" of the date shown on the letter.
Remember your legal actiuon is still running, so you can take measures as outlined above by legal magpie.

ang576

Thanks everyone, rang Thomson's and they said their records show that the claim was already paid before the Court papers were submitted and was I happy to accept that in full and final settlement. I advised that the cheque had only arrived yesterday and that I still wanted reimbursing the £60 court fees. They agreed immediately and are sending payment by BACS

JPears

As has been said many times before - Silly Thomsons. Blatant porkies!
Well done.

legal_magpie

A little unfair. They may have sent the letter and cheque before the person who wrote the letter received the papers from the Court. The test a Judge would use was whether the proceedings were issued before the Claimant received the letter and cheque. They have done the right thing now

Gerard_Murphy

At the end of Jan 16 Our plane from Birmingham to Barbados was delayed by 10 hours due to pilot illness. Thomson tell me this was an extraordinary circumstance and no compensation is payable.


Anyone had a successful claim or been fobbed off?


Thanks.


Gerard.