Court success thread

Bobbieandrupert

I came home to find a cheque from Thomson for £1040 compensationplus court costs. I had written to them saying in light of recent Supreme Court decisions think they should now pay up. Glad it's over but did take a lot of my time up . The flight was tOM 30 to Jamaica 29 th June 2012 :j

NoviceAngel

A good result indeed, congrats and well done!

alberto2012

I have previously attempted and failed in my compensation claim against Thomas cook last year.

I was given a 'technical failure, of a broken fan blade' as the reason.

I followed all advice from this forum, x3 letters to T.Cook and also CAA, who decided compensation was not due.

So following the new ruling this year I sent another letter, over 14 days ago (recorded delivery) but have had no response from TC.

So I am going to go ahead with the small claims court proceedings (Scotland)

Can someone give me any direction in how to go about this, correct procedure to take?

Should I re-contact the CAA once more to see what they conclude, (am I required this or would it be beneficial for court?)

Any advise and help would be great thanks.

alberto2012

Oh oh,

Ive just discovered this statement (from the MSE main guide)

You can also ONLY take your case through the small claims system within six years from the delayed flight in England, Wales and Northern Ireland. In Scotland, you've got five years.

Our flight was in July 2009... So since July this year was our 5 year limit, suppose that's the end of the compensation road for us....:(

111KAB

Alberto - check as your airline was UK/England based and although I presume you either live or flew from north of the border I believe you can still use an English court.

alberto2012

111KAB wrote: »

Alberto - check as your airline was UK/England based and although I presume you either live or flew from north of the border I believe you can still use an English court.

Hi, yes the flight was from glasgow to calgary.

Thats a bit daunting though. In reality would that involve myself having to travel to england to go through a court process?
This compensation claim is getting more complicated by the second..

Maybe i should contact a no win no fee company.

111KAB

alberto2012 wrote: »

Maybe i should contact a no win no fee company.

Doubt a NWNF will take on (but worth trying just to obtain their comment re English v Scottish court application) as once cases get beyond a 4 year period they seem reluctant to take on.


Where these guys make their money is when they have multiple claimants on the same flight .... given the period which has elapsed since your delay it is very unlikely further claimants will come forward hence the instruction to act becomes less attractive to the NWNF.

alberto2012

111KAB wrote: »

Doubt a NWNF will take on (but worth trying just to obtain their comment re English v Scottish court application) as once cases get beyond a 4 year period they seem reluctant to take on.


Where these guys make their money is when they have multiple claimants on the same flight .... given the period which has elapsed since your delay it is very unlikely further claimants will come forward hence the instruction to act becomes less attractive to the NWNF.

We'll there it is, more confirmation that there's no compensation for my wife and I.

This new ruling came around just a few months too late. Gutted.

Gutted and irritated that Thomas Cook have got away with a 22 hour delay that caused my wife and I to lose a day of our holiday..:(

nquire76

TOM 2446 Manchester to Faro June 21st. 2012.
Claim fully accepted and paid last week after another 'stay' notice was issued by the Court to allow time for a resolution to be negotiated after the Supreme Court's decision in the Appeal Huzar v Jet2.com.

len49

Just a note to let you know that Thomas Cook have now settled my case for flight delay compensation.

My court action was sisted (stayed in Scotland) last December awaiting the result of the Jet2.com v Huzar appeal . On 3 November 2014, following the Supreme Court ‘s refusal to allow Jet.com to appeal any further, I contacted TC’s solicitor and asked if his client was prepared to settle. He replied that he was awaiting instructions. I then gave him 14 days’ notice that I would apply for the sist to be recalled and the action continued if they did not settle within that time.

Fourteen days later, having heard no further news, I raised an application with the Sheriff court to recall the sist (stay). This notice was then served on TC. Five days further on a letter from TC’s solicitor offered full settlement including 8% interest and court expenses and asked me to withdraw the sist recall. He said he hoped to arrange payment within 28 days.

I accepted the offer and said that I would withdraw the sist recall application if payment was in my bank before the day when the application would call in court and suggested that this could be done by bank transfer to my bank account.

The money was paid into my account a few days ago and no need to take things any further.

Many thanks to all the resident experts on the blog for the advice that I found invaluable and the encouragement that helped keep me going. I couldn't have done it otherwise.

Good luck to everyone still in the process and keep up the fight and hopefully, in the long term, travel delays will become fewer and shorter.

Cheers

len