Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

Judges will nearly always take notice of findings by ombudsmen and decisions of arbitrators/mediators.

xenonsmurf

Hello all, just an update.
Today we received an email from CEDR a few days passed the deadline. saying they have appointed an adjudicator in this dispute. The Adjudicator will now review all the evidence submitted by both parties and provide a written decision which will be available in approximately 14 days.

When I checked the case online it says next step is the 7/1/2017 [FONT=&quot]☹[/FONT] so if its awarded to us. Then there is a 20day wait. So I don’t think anything will really happen until February

The_Racer

I am trying to claim flight compensation for a holiday in July 2016.

After submitting my initial claim, was directed to wait 56 days. This passed and was then told I would have to wait until 90 days due to a backlog of claims when I rung to chase up.

After a few calls getting no where, Thomsons wouldn't even acknowledge they had received my initial claim so after 122 days i started County Court Proceedings.

Thomsons have confirmed the acknowledgement of service request within 14 days but state they intend to defend all of the claim and now have 28 days from date of service of the claim to file a defence.

What tactics can i expect Thomson to adopt next ?

Tyzap

The_Racer,

They will most probably put you to as much trouble as possible playing a game of 'who blinks first'.

Much will depend on how strong (or weak) your case is so without any details it's hard for anyone here to realistically comment.

If you have a strong case and show resolve they will probably agree to a settlement prior to court.

Good luck.

PeterPan1952

Marksfish wrote: »

Well, tomorrow is the final day. As today's post has already arrived, I can't see Thomson complying with the ruling. Time to see what teeth CEDR actually have as I will be contacting them first thing Monday morning.

Well, CEDR gave Thomson 20 working days to pay my claim. I rang them every few days and they kept telling me that they were chasing, but said that Thomson were having difficulties in making the payment. (Rather implied that they had lost their cheque book, or that their pen wasn't working). So I don't think CEDR have any real teeth.:(

When I had received nothing after 53 working days, I put a claim in to County Courts Money Claim Centre (CCMCC). A couple of weeks later, I received my compensation. :j

That just leaves me still claiming Punitive Damages for their unreasonable behaviour and failure to meet the timescales set by CEDR. Still don't know how that will go.

legal_magpie

You will not get "punitive damages". Did they pay your court fee? If not, you can enter judgment for it once the time limit for defence has expired

PeterPan1952

You may well be right, but I am currently minded to keep trying. I'm just drafting the argument, based on the fact that Thomson acted unreasonably by:
a. repeatedly claiming that Extraordinary Circumstances existed, when it should have been clear to them that they did not.
b. ignoring the judgement of a competent authority (the Cyprus NEB).
c. failing to pay within the timescale set by the arbitration service (CEDR).

I'll let you know how I get on.

Marksfish

As expected no payment yet, so I contacted CEDR for their assitance. Seems they will wash their hands of it instead of "chasing".

From: Aviation
Sent: Tuesday, December 13, 2016 5:07 PM
To:
Subject: Thomson Non-Compliance

Dear Passenger,

We have you on our system as somebody who is still awaiting an overdue payment from Thomson with regards to your aviation case with CEDR.

The airline are currently dealing with a backlog of payments and have asked that we request your bank details so that they can arrange a BACs payment. The airline are moving away from issuing cheques and this should also mean the payment will be made as soon as possible. The only details needed are the account number and sort code. If you could please email this across to the head of Thomson’s legal team on *deleted* then he will raise the payment.

Similarly, we ask that all subsequent emails with regards to non-compliance are directed to Mr Schwab.

If you have received your payment, please could you reply to this email so that we can remove you from our list and close your case.

JPears

Marksfish wrote: »

As expected no payment yet, so I contacted CEDR for their assitance. Seems they will wash their hands of it instead of "chasing".

I would be replying to CEDR asking what role they see in enforcing their judgements as airlines are clearly ignoring them.
If they are not going to enforce, quite frankly what is the point of existing in the first instance?

Marksfish

I have had a response from Adrian Schwab already (within 10 minutes), but it is merely passing on my email to someone else. Will give it a few days then go back to CEDR and see what they say.