Flight delay and cancellation compensation, Tui/Thomson ONLY

Penycae

:After writing to Thomson following a long delay in August 2016, I had a letter in December stating we were due compensation but nothing came. I then went to CEDR and despite agreement from Resolver, Thomson did not respond with anything. I then went to Bott &co after taking to Court, Thomson now say that they dispute it as compensation has already been paid. Im not sure what is next!

JPears

If you went to court why did you go to Bott & Co?
If you've submitted court papers, and you sure you haven't been paid, procede with court action stages.

Penycae

No, I mean the Court issued formal proceedings. Now waiting for 'Directions' from Court for formal hearing.

Vauban

Penycae wrote: »

:After writing to Thomson following a long delay in August 2016, I had a letter in December stating we were due compensation but nothing came. I then went to CEDR and despite agreement from Resolver, Thomson did not respond with anything. I then went to Bott &co after taking to Court, Thomson now say that they dispute it as compensation has already been paid. Im not sure what is next!

Sorry this is just really confusing. Resolver have nothing to do with CEDR - so I don't understand what you mean about "agreement". Did you take your case to CEDR, and did they find in your favour? If so, you should be pressing CEDE to push Thomson to pay up. By instructing a NWNF lawyer, you'll now lose a third of your award - which is just a waste of money in the circumstances.

Penycae

Yes, Im sorry but the whole thing is confusing and frustrating. CEDR did find in my favour but told me they could do nothing further and the only other thing I could do was to go to a solicitor. Im well aware that this will take a share if I receive anything. I dont see it as a waste of money. I was just presenting my situation as I thought it may help others, it was not my intention to confuse anyone.

Tyzap

Penycae wrote: »

Yes, Im sorry but the whole thing is confusing and frustrating. CEDR did find in my favour but told me they could do nothing further and the only other thing I could do was to go to a solicitor. Im well aware that this will take a share if I receive anything. I dont see it as a waste of money. I was just presenting my situation as I thought it may help others, it was not my intention to confuse anyone.

Hi penycae,

What CEDR are telling you is not good enough. This is what their rules say about this situation...


5.3 If the adjudicator finds that the passenger’s claim succeeds in full or in part, he or she can direct the airline to:

5.3.1 Provide the passenger with an apology;
5.3.2 Provide the passenger with a product or service;
5.3.3 Take some practical action;
5.3.4 Do something about one or more of the passenger’s bills;
5.3.5 Make a payment to the passenger, the total value of which shall not exceed £10,000.00 (including VAT).


They need to do what they say, or they will have no credibility, just like the CAA, they will just be left out of the loop with PAX's going directly to MCOL where a payment can and will be enforced.

If CEDR are not willing or able to to force the airline to pay up they should spell this out clearly in their rules so as not to fill claimants full of false hopes.

JPears

And if they are telling you to go to a solicitor as the only option, that is terribly misleading too as it will cost you as you will find out. In a case like yours you should be able to issue court proceedings yourself.
I should be seeking the costs Bott charge you back from CEDR. Who regulates the ADR system? I can find nothing on the website. The complaint process is limited to the way your case is handled. Clearly in your case, being told to go to a solicitor is unacceptable, so you should have cause for complaint.
However, the rules also state that you must inform the CEDR within 20 days of their decision, that you agree. Did you do this? Otherwise the decision becomes non-binding.

Ian_Langley

We were delayed 5-6 hours at Manchester Airport flying to Cancun on the 14th June 2017. At the time we were told by the captain that the plane was delayed due to the original plane being struck by lightning. But this was on a previous flight that was going to Cuba? (2 flights earlier). It was only when the flight landed in Cancun that it was decided (due to the holes in the wings) that the Plane would be replaced by another plane, Which then took off to go to to Manchester. On that basis does this constitute being the airline fault or an act of god, which is the line Thomson are taking.

Caz3121

Thomson thread here https://forums.moneysavingexpert.com/discussion/4384699
put the flight details through a couple of the NWNF sites (EUClaim, bottonline) have a search for Vauban's Guide (google) on what to do next

Leighs369

So it's abit of a long story, bare with me.... we originally booked to go to Florida but my partner was made redundant and we had no option but to pay £250 admin fees to change the holiday to a week in Turkey.... anyway, we were due to fly 7th April 2018 but Thomsons called us yesterday to tell us they've cancelled our flights, they're no longer flying on that day and we are entitled to a full refund or change of holiday. We've opted for the full refund but now they're saying they will not refund the admin fees as it was our choice to change the holiday. Can I argue this? My point is... yes it was my choice to change the holiday to this new one? But i paid the admin fees in good faith thst this new holiday would go ahead, I did not cancel the new holidays flights they did. So what exactly have I bothered paying this admin fee for? Can I fight for this money back or not?