Compensation for delayed flights Discussion Area

JPears

"Thomson said it operates a fair and thorough process to deal with compensation claims in line with the EU Delay Claims Regulation.

"We also believe that any money due to customers should go in its entirety to them, therefore we will not process any claims submitted via unregulated third party delay claim management companies, who routinely take a large percentage of the payment as commission. In this situation we invite customers to submit their claim directly to us to be processed."
Is that sounding like something one might find in a field full of cattle?

samwardill

JPears wrote: »

"Thomson said it operates a fair and thorough process to deal with compensation claims in line with the EU Delay Claims Regulation.

"We also believe that any money due to customers should go in its entirety to them, therefore we will not process any claims submitted via unregulated third party delay claim management companies, who routinely take a large percentage of the payment as commission. In this situation we invite customers to submit their claim directly to us to be processed."
Is that sounding like something one might find in a field full of cattle?

To be honest, I think it would be a good thing if claims that were paid without question were not paid via NWNF lawyers. The NWNF lawyers should earn their money IMHO.

I do think that it might also make sense if the courts were allowed some discretion to award legal costs in the event of vexatious defense of EU261 claims. I think this would have some basis in law (but I'm no expert).

samwardill

Vauban wrote: »

https://www.theguardian.com/business/2016/dec/09/ryanair-says-womans-delay-claim-must-go-through-irish-courts

Not sure how this squares with the Rehder judgement - airlines' T&Cs don't over-ride binding European case law, fortunately!

Swiss air tried this on with me ~10 years ago. They didn't get very far and they settled.

JPears

samwardill wrote: »

To be honest, I think it would be a good thing if claims that were paid without question were not paid via NWNF lawyers. The NWNF lawyers should earn their money IMHO.

I do think that it might also make sense if the courts were allowed some discretion to award legal costs in the event of vexatious defense of EU261 claims. I think this would have some basis in law (but I'm no expert).

True, however my dig was that Thomson in particular, reject, out of hand, the majority of claims, process very few, and payout on even less, usually only when court appearance is looming.

Vauban

samwardill wrote: »

To be honest, I think it would be a good thing if claims that were paid without question were not paid via NWNF lawyers. The NWNF lawyers should earn their money IMHO.

I agree that it would be good if there didn't have to be involvement from NWNF lawyers too: much better if everyone got paid their full entitlement without having to jump through hoops.

But let's be honest here: since the Sturgeon judgement the airlines have pursued a systematic campaign to oppose the fair implementation of the Regulation's protections, misrepresenting the law and frustrating passengers who tried to claim. It was only after one NWNF fee and one determined passenger took an airline to task, all the way up to the highest courts, that airlines began to pay passengers properly when a claim was due - and some still play silly !!!!!!s.

So I will take no lectures - none whatsoever - from airlines crying foul about being called out on their tactics, criticising NWNF lawyers who have done far more than the CAA was ever prepared to do to see proper rule of law observed in this area. Thomson's statement is frankly pathetic.

Zoe1989

I'm having trouble making a claim for our delayed flight to Larnaca in September this year. We have used the advised resolver site to contact small planet airlines for a flight which was delayed by 9.5 hours. 2 emails have been sent to small planet of which we have received no response apart from one automated response to say the email was received. We have then followed the next step of contacting the CAA. This was over a month ago now, and we have had nothing back from them at all. Not sure what our next step should be? It seems that despite the law, companies can just get away with ignoring it so that they don't have to pay out what they owe Does anyone have any advice on what we should do next?

Caz3121

Its worth reading the Small Planet thread https://forums.moneysavingexpert.com/discussion/4788467
and have a read of Vauban's guide re starting court proceedings

Grey_Critic

Airlines suggest that they do not put obstacles in the way of people claiming! >>>

I am nearing the end of my claim with Thomson and that is not my experience.
It would seem that Thomson will only make payment once it has been adjudicated on by CEDR but to go down that route you still have to go through the hoops as I did by constantly chasng them via resolver or going it alone. CEDR will not take your case on until you do so.

To me that is just a way for Thomson to drag their heels and hope you will give it up as a bad job.

samwardill

Grey_Critic wrote: »

Airlines suggest that they do not put obstacles in the way of people claiming! >>>

I am nearing the end of my claim with Thomson and that is not my experience.
It would seem that Thomson will only make payment once it has been adjudicated on by CEDR but to go down that route you still have to go through the hoops as I did by constantly chasng them via resolver or going it alone. CEDR will not take your case on until you do so.

To me that is just a way for Thomson to drag their heels and hope you will give it up as a bad job.

Because CEDR charge you in the event of a denied claim (whereas a NWNF lawyer does not) then I think it is not at all acceptable to force people down the CEDR route.

legal_magpie

No-one is forced down the CEDR route. It is entirely voluntary and you are free to use it or not. But although a NWNF lawyer won't charge if you lose, they won't usually accept a case unless they think it's a winner. There have been some exceptions such as Huzar and Dawson which they took on to establish important points of law (and won both in the end)