Court success thread

leylandsunaddict

Why have you posted this in the court success thread, when you didn't even start court action?

Orange_Smartie

Wanted to give an update in my case which settled today for almost £3,000.

Our flight delay went back to December 2010 and occurred travelling from the UK to Dominican Republic.

Thomson initially said no compensation was due as the claim was outside two years. After a couple of further letters in which I pointed out their errors, I was forced to issue a claim in June.

When I received their Defence it made no mention of the two year rubbish nor did it claim EC's. Their Defence was based on blaming another airline, saying they had sub-chartered the flight and that the other airline was therefore the Operating Air Carrier.

As a safeguard, I sent a letter before action to the other airline who responded by saying Thomson were responsible.

A few days ago I received notice of directions with a hearing date for December. I was just about to make a application to add the other airline to the proceedings when this morning a letter arrived from Thomson offering to settle for half the compensation due and court fees.

I sent them an email rejecting the offer and advised that I would only settle for the full amount due plus court fees. I advised that I would be prepared to drop any claim for interest if the matter was settled this morning.

Low and behold, minutes after sending the email, I got a phone call agreeing to settle on my terms and an email followed shortly after confirming this.

From what I have read of late, there have been a few attempts by them to try and pay less than what's being claimed. My advice is hold out.

I'm going to book myself and family a nice little holiday with the money and it will come as no surprise that I won't be using Thomson!!!!!!!!! :beer:

Vauban

Well done OS! Great result!

Goniners

leylandsunaddict wrote: »

Why have you posted this in the court success thread, when you didn't even start court action?

Please read the start of the thread before one of the stalwarts shouts at you!

Dr_Watson

Details over on the Ryanair thread..
http://forums.moneysavingexpert.com/showpost.php?p=63352383&postcount=519

:beer:

Vauban

Well done Dr W. Your path was idiosyncratic but you trod it well!

Mark2spark

Congrats to the Doc! :T

JPears

Excellent news. Well done the Doc

laticsforlife

I have posted my sucess on the Thomson thread but not on here;

My Court date was Friday 13th Septmeber (good job not superstitious) in Tameside District Court.

Upshot was that the Judge awarded 4x €400 in my favour as Thomson's evidence was unclear and contradictory.:j

Slightly worrying was the Judge being seemingly convinced with the concept of their argument that if they could prove EC's and it was a prior flight, becuase an EC was the root cause (lightning strike), it would have continued to be an EC to my flight even though a different aircraft entirely.:eek:

He didn't grasp the concept of "all resources at their disposal", nor the clear dicta in the cases I brought that said they can't keep using EC's on later flights, stressing 'particular flight'.

But in the end because I won, I breathed a rather large sigh of relief.:money:

It is worth re-working a reasonable interest calculation to give out on the day as 8% is something they do argue afterwards; I ended up with 1% (£100 actually) which looking back is quite low from 2008 to 2013.:(

Also consider arguing for a days Court cost for loss of leave/salary which is in the CPR rules somewhere.

NB I only saw the money on Friday after they phoned me Tuesday (I was about to phone them as two weeks had passed - spooky timing). Vanessa (Chima maybe?) took my bank details; payment was in my account 4 days later. :j :beer:

Daisysmom

Im not sure if I count towards court success but I settled with Virgin through mediation yesterday so am very pleased .... would like to say Thanks to Centipede 100 especially but to everyone on here that has provided me with a lot of information therefore giving me the confidence to actually take on Virgin Atlantic!!! If I hadn't read through hundreds of posts from your good selves, then I would never have had the nerve to take them on myself so

THANKS TO ALL THE LOVELY PEOPLE ON HERE THAT ARE HELPING OTHERS LIKE MYSELF TO GET WHATS RIGHTFULLY THERES XXXXX

I wouldn't hesitate to do it again xxxxxxxx