Court success thread

JPears

Well done. :j:j

fd1972uk

Congrats.


FD

Cubatony2002

OK, here goes. The date was 16th August 2012, the flight was TOM162 from Manchester to Punta Cana, the delay was 5 hours and Thomson believed that this delay was due to 'Extraordinary Circumstances'.

Following the usual fobbing off and having to resort to court proceedings we found out from Thomson bundle the that the 'Extraordinary Circumstance' was a problem with the ground sensor (this indicates the orientation of the aircraft, whether it is on the ground or in the air). According to a witness statement these were parts that don't have to be replaced every so many flying hours in accordance with the manufacturers guidance. Things were looking bleak…until the statement then mentioned that the spare part was available in Manchester but the specialist tooling was in Luton and had to be sent by taxi.

To cut a long story short we will never find out if the judge thought this was an 'Extraordinary Circumstance' (as Thomson argued) or bad planning and entirely in their control (as I was planning to argue). Post Huzar Thomson have relented and I type this with one eye on the cheque that will ensure there will be a turkey on the table this Christmas at CubaTony Towers.

Thanks to everyone who gave advice and help (particularly Vauban, Legal Magpie, Centipede100 et al).

To everyone who is still fighting…KEEP FIGHTING.

Though part of me wishes that we could have our day in court…WE WON.

Vauban

Many congrats CT: a ground sensor fault is no more extraordinary than a pig in mud. Pathetic that the airline took so long to settle, but I hope they settled up IN FULL. Merry Christmas indeed! Ho ho ho ...

CM66

chili2001 wrote: »

Finally after over 2 years (and 2 children) TC have agreed to settle out of court as my solicitor wrote to them last Friday offering a deal of 3% interest plus costs instead of 8%.
They practically bit his hand of and I should have the cheque by the end of the month.
Still will never fly with them ever again though. Cheers everybody! :beer:

Congrats!

Good to know someone on my flight has been successful. I gave up as work commitments got in the way but have re-contacted them this week to see if I get any further this time........

A_Flock_Of_Sheep

I wanted to add to this thread my success against Thomson in relation to my claim for delay dating back to 2008.

I went through the EC and 2 year bar stays and have come out the other end. The court awarded full costs for my time, parking, postage, phone calls and full 8% interest in addition to the statutory compensation.

My heartfelt thanks go to Centipede100, Vauban, 111KAB and Legal Magpie for their continuous support throughout the process. I know Vauban was aware at time I was ready to throw in the towel and give up.

Glad I didn't. All of you have taught me the attribute of patience even though I am an old lady!

Much Love to you all x

PS: I now have to traipse into town to pay the cheque in. Came in just nicely before Christmas !

JPears

Congratulations and well done.

Vauban

Well done FoS - I am genuinely delighted for you. Thomson's messed you around dreadfully - and then sought to evade their legal obligations. It's great that such a big company has been brought to heal by an ordinary passenger. I hope you enjoy not only the money for Xmas, but the satisfaction of not being taken for a ride: it takes courage and patience to stand your ground, and Professor the Lord Vauban Salutes You!

NoviceAngel

Well done A flock of sheep , 8% interest almost unheard of excellent result, glad you persevered

Vauban wrote: »

Professor the Lord Vauban Salutes You!

Not happy with Jedi Master - it's Professor the Lord Vauban now! I wouldn't argue though :A

JPears

PtL Vauban was his first step into the big lights and showbiz world of Flight Compensation. Jedi Master is more down with the kids, hip n happin'. Respect, innit?