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    • bagand96
    • By bagand96 25th Jan 18, 7:56 PM
    • 2,855 Posts
    • 1,778 Thanks
    bagand96
    I still struggle to see why Thomson get away with it? If that was any other form of contract (because thats what a package holiday is) they would be responsible? But hey ho.
    Thomson are not getting away with anything. The EU law is clear, you claim against the operating airline. You may feel that Thomson are liable but that is not the case. Volotea are.

    Your flight was a Volotea flight with a VOE flight number. When you book Thomson holidays from Southend they tell you Volotea will operate the flight.

    If the flight had been on Thomson Airways, on a TOM flight code, your claim would be with Thomson Airways (point of note here as well - it would be Thomson Airways liable - not Thomson Holidays. Same name, same group, but different companies). This is perhaps where the confusion with the CAA came from? Did you explicitly tell them you were on a Volotea flight?

    Anyway, the rest of the advice here is sound. Claim against Volotea, following the various guides here. It may be a long road, t may well be quite complicated with an airline based in Spain. But as you say you are entitled to it.
    Last edited by bagand96; 25-01-2018 at 7:59 PM.
    • gregb
    • By gregb 25th Jan 18, 8:11 PM
    • 4 Posts
    • 0 Thanks
    gregb
    Yes the CAA were informed. It was all in black and white and they provided the link to CEDR, so that's the route i went.
    But thanks for clarifying. I'll start the process rolling over the weekend
    • inspireme247
    • By inspireme247 30th Jan 18, 2:26 PM
    • 177 Posts
    • 60 Thanks
    inspireme247
    I've posted my case against TUI via http://forums.moneysavingexpert.com/showthread.php?t=5785953

    Please can I have your opinion?
    You will only fail to learn if you do not learn from failing.

    Save 2015 - #097 £600/£7000
    CC Outstanding #1: £2544 02/2017 #2: £398 09/2015 #3: £363 08/2015
    • jacqhale
    • By jacqhale 2nd Feb 18, 1:40 PM
    • 307 Posts
    • 415 Thanks
    jacqhale
    We had some good news this morning! Letter from the court saying as Thomson did not reply to the claim form they are being ordered to pay us our compensation, interest and expenses. Comes to about £1900 for the 4 of us, it was a Rhodes > Bristol flight back in May 2017. I have no idea how long it will take them to pay but it's a step in the right direction at least.
    • legal magpie
    • By legal magpie 2nd Feb 18, 3:59 PM
    • 860 Posts
    • 381 Thanks
    legal magpie
    It!!!8217;s very unusual for Thomson to miss a court deadline. You can enforce the judgment whenever you like. You don!!!8217;t have to wait for them to pay. Get the sheriff to levy on an aircraft!
    • JPears
    • By JPears 2nd Feb 18, 4:09 PM
    • 3,600 Posts
    • 1,000 Thanks
    JPears
    Did you apply for judgement by default?
    Remember Thomson could still apply for set aside, but they would have to provide the judge with good reasons.
    Time takne to get money?
    As long as you let them.
    You may need baliff/sheriff to get payment. Lets hope not.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • pfogg
    • By pfogg 6th Feb 18, 5:40 PM
    • 3 Posts
    • 0 Thanks
    pfogg
    Thomson flights
    Did anyone travel on the Thomson flight from Montego Bay to Manchester on 21st June 2012? If you did, have you got the flight number, and have you made a claim for the delay? Thanks
    • davestones
    • By davestones 12th Feb 18, 4:43 PM
    • 20 Posts
    • 8 Thanks
    davestones
    I have won a case against TUI on CEDR on 25 Jan and TUI uploaded a letter confirming this and asking for bank details. I sent these and it marked the case settled however they are yet to pay, I have also sent them a chaser email to their flight delay claims email addresss with no response.

    What is the next step in getting them to pay? Do I have to start a court action or is there any other mechanism I can twist their arm with? Social media seems useless as they have just referred me to their email address in the past!
    • smartly
    • By smartly 12th Feb 18, 6:54 PM
    • 95 Posts
    • 44 Thanks
    smartly
    Email their legal department, it has been posted before if you search.
    • JPears
    • By JPears 12th Feb 18, 10:26 PM
    • 3,600 Posts
    • 1,000 Thanks
    JPears
    Let CEDR know that they have not paid. They can't/won'tdo anything much. And then progress your complaint to the CAA.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • mooretr
    • By mooretr 14th Feb 18, 5:20 PM
    • 8 Posts
    • 3 Thanks
    mooretr
    Re Flight 616 BHX - LRM
    CEDR found in my favour this morning. CEDR process has been quite painless. Now to get them to pay up the compensation!
    • JPears
    • By JPears 14th Feb 18, 5:23 PM
    • 3,600 Posts
    • 1,000 Thanks
    JPears
    Good luck - see posts above!
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • wilding45
    • By wilding45 14th Feb 18, 8:28 PM
    • 1 Posts
    • 0 Thanks
    wilding45
    CEDR award isnt the end
    CEDR has found in my favour and have notified me that they are in meetings with TUI about why they have not paid agreed amounts .

    In my case CEDR did not have to make a ruling as the airline offered to pay a fixed sum - which is overdue. I may therefore have to go to court anyway - so the best solution is probably to send letter before actoion stating that you would like to mediate but have heard that offers are made and not honoured so you will be going to court unless the money appears. You should not be looked down on by the court as the other side do not deserve the benefit of the doubt.
    Last edited by wilding45; 14-02-2018 at 8:28 PM. Reason: spelling
    • legal magpie
    • By legal magpie 14th Feb 18, 9:42 PM
    • 860 Posts
    • 381 Thanks
    legal magpie
    Tui failing to honour CEDR awards is becoming all too frequent. Perhaps the press or TV would be interested especially as the CAA doesn!!!8217;t seem to be doing anything to force their hand.
    • JPears
    • By JPears 14th Feb 18, 10:04 PM
    • 3,600 Posts
    • 1,000 Thanks
    JPears
    Please a make complaint to the CAA. They have washed their hands of the whole farce and debacle of what is supposedly UK A and EU law.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 14th Feb 18, 10:45 PM
    • 1,341 Posts
    • 626 Thanks
    Tyzap
    Re Flight 616 BHX - LRM
    CEDR found in my favour this morning. CEDR process has been quite painless. Now to get them to pay up the compensation!
    Originally posted by mooretr
    Thats great news, well done

    Lets hope others also get their compensation too.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • smartly
    • By smartly 14th Feb 18, 11:10 PM
    • 95 Posts
    • 44 Thanks
    smartly
    I think you can post a claim now through this website ( MSE ) which uses Resolver.
    • legal magpie
    • By legal magpie 15th Feb 18, 12:23 AM
    • 860 Posts
    • 381 Thanks
    legal magpie
    There's no point in using Resolver when CEDR have already found in your favour. If you were now to issue Court proceedings, TUI wouldn't have a leg to stand on.
    • smartly
    • By smartly 15th Feb 18, 9:02 AM
    • 95 Posts
    • 44 Thanks
    smartly
    My post was a general post, not specific to previous failure to pay.
    • Kate’s
    • By Kate’s 4th Mar 18, 5:39 PM
    • 1 Posts
    • 0 Thanks
    Kate’s
    Re flight from Sanford to Gatwick TOM013 11 Oct 2012
    I have written to Thomson before regarding this flight but got an email back saying that as the captain of the flight sustained an injury before the flight was due to depart, hence an overnight delay, they would not be obliged to pay compensation. It says that it was an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken.
    Just hoping that someone could point me in the right direction, is it worth trying to claim again. Surely they should of had stand by staff
    Thanks.
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