Flight delay and cancellation compensation, Tui/Thomson ONLY

1456457459461462945

Comments

  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    jamapo wrote: »
    Received email from EUDELAY this morning asking me to pay £70 into their bank account to enable them to take Thomson to court. Does anyone know if this is correct? I have no problem paying the money if it is the way this should be done. Just want to make sure I'm not making a mistake before I pay it.

    I think you need to be clear about whether you will get that £70 back in any circumstance (ie if you lose) - otherwise it can hardly be described as a no-win, no-fee arrangement! EUDelay pitch their service as NWNF, so this would set alarm bells ringing for me ...
  • Gorbar
    Gorbar Posts: 111 Forumite
    jamapo wrote: »
    Hi guys, After an 18 hour delay last year from Lanzarote, I contacted Thomson. Got usual response extraordinary circumstances etc. Actual reason for delay was a broken toilet! Got in touch with EUDELAY who took up the claim on my behalf. They contacted CAA who ruled in my favour. EUDELAY contacted Thomson and gave them 14 days to settle claim. 14 days been and gone, Thomson haven't even bothered to respond. Received email from EUDELAY this morning asking me to pay £70 into their bank account to enable them to take Thomson to court. Does anyone know if this is correct? I have no problem paying the money if it is the way this should be done. Just want to make sure I'm not making a mistake before I pay it.
    Many thanks in advance for advice given

    We have used EU delay twice. First time against Thomas Crook, paid the £70, then I think another £85, neither would be refunded if we lost. The delay with Thomsons, kept me hanging about for over 6 months then told us we had no case. Was very annoyed because I had informed them I was going to another company last August, they got very annoyed saying that they had done all the hard work. Up to you if you use them, think they are using a 3rd party, somebody by the name of Edward, forgotten surname, but a bit of a Pratt.
  • jamapo
    jamapo Posts: 24 Forumite
    Hi guys, thanks for info. Have looked at eudelays' t & c's and it does state that if the case goes to court I have court fees to pay. I still think that NWNF should mean exactly that though. It does state that if we win, court fees will be refunded. Can I ask Gorbar, did you win? were your court fees refunded? or did you go elsewhere? Oh and it is Edward Wall that is handling my claim. I'm still a bit bemused that even though the CAA approved my claim Thomson didn't even have the decency to respond.
  • Gorbar
    Gorbar Posts: 111 Forumite
    jamapo wrote: »
    Hi guys, thanks for info. Have looked at eudelays' t & c's and it does state that if the case goes to court I have court fees to pay. I still think that NWNF should mean exactly that though. It does state that if we win, court fees will be refunded. Can I ask Gorbar, did you win? were your court fees refunded? or did you go elsewhere? Oh and it is Edward Wall that is handling my claim. I'm still a bit bemused that even though the CAA approved my claim Thomson didn't even have the decency to respond.

    Hi, yes we won our case against Thomas Crook, so we got the £150 back . Yes that is the name Edward Wall. The Greek CAA said the Crooks had to pay they ignored it. Edward Wall having had the case for over 6 months hadn't even had a reply from the Cypriot CAA. They were really on the ball until Edward took over. Hope this helps.
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
    edited 5 April 2014 at 9:54PM
    Vauban wrote: »
    I think you need to be clear about whether you will get that £70 back in any circumstance (ie if you lose) - otherwise it can hardly be described as a no-win, no-fee arrangement!

    Presumably they are making a distinction (which most people wouldn't) between their fees for services rendered and third party costs. (Are those what lawyers call disbursements?)
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    David_e wrote: »
    Presumably they are making a distinction (which most people wouldn't) between their fees for services rendered and third party costs. (Are those what lawyers call disbursements?)

    Yep. But when other NWNF companies don't require you to stump up the court fees, why would you choose one that does?
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
    Vauban wrote: »
    Yep. But when other NWNF companies don't require you to stump up the court fees, why would you choose one that does?

    Indeed! And if they are so confident of winning ....
  • jamapo
    jamapo Posts: 24 Forumite
    Just wanted to give update. Contacted Eudelay with questions re - NWNF but being asked to pay court costs. I asked if we lost the case would I lose court fees I'd paid as I felt that if this were so, then they weren't really a NWNF company at all. Got extremely nice response, detailing all ins and outs, also saying they wouldn't take a case to court if they weren't very confident of winning. Upshot is though that they are willing to pay court fees for an admin cost of £10. I'm happy with that, If worst comes to worst I only lose a tenner not £70.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    jamapo wrote: »
    Just wanted to give update. Contacted Eudelay with questions re - NWNF but being asked to pay court costs. I asked if we lost the case would I lose court fees I'd paid as I felt that if this were so, then they weren't really a NWNF company at all. Got extremely nice response, detailing all ins and outs, also saying they wouldn't take a case to court if they weren't very confident of winning. Upshot is though that they are willing to pay court fees for an admin cost of £10. I'm happy with that, If worst comes to worst I only lose a tenner not £70.

    That's sounds a much better deal. A salutory lesson though that not all NWNF companies are the same, and it's worth reading those T&Cs v carefully. (Others may recall that French company that apparently had the right to jettison your case if they didn't fancy it, but if you then subsequently won would expect a cut in recognition of their earlier "efforts"!)
  • jamapo
    jamapo Posts: 24 Forumite
    Hi Vauban, I thought I had read all t's & c's. They certainly didn't mention court fees in FAQ or in any of their 'use us' details. It was only after being on here yesterday I had a closer look and there it was!. Will teach me to read everything in future. I still think they'll come through for me though. Even more confident now that they've offered to pay court fees. I suppose having the backing of the CAA makes it more likely that we'll win rather than lose. Hope so anyway!
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