Some of the UK’s largest airlines have failed to pay a combination of over £4million in court judgments, within the court timescales to delayed passengers according to data from the Registry Trust Online, a company that records all County Court Judgments in England and Wales.
The spotlight is certainly on Thomson, with data showing the airline as the biggest offender after failing to pay £2.4million in compensation within the court deadline to approximately 5,000 delayed passengers. Following closely behind is easyJet, who failed to pay £1.5m in compensation to over 3,000 delayed passengers.
Thomson owed its customers the sums largely as a result of compensation under EU261/2004, an EU regulation that is designed to protect the rights of air passengers. But Thomson appears to display ignorance in flouting the court decisions.
This has left many passengers frustrated at the way the airline handled their initial complaints and a large number have instructed solicitors to help recover the compensation due to them.
Many of our customers have tried to recover compensation direct from the airline but been ignored or fobbed off so they have had no other choice but to come to us for help.
Coby Benson, Solicitor at Bott and Co, the leading flight delay compensation law firm in the UK, has seen a trend over the years with Thomson in particular making life difficult for delayed passengers.
“In 2017 we had to issue court proceedings on 73% of our Thomson cases – around 3,000 in total on behalf of 7,000 passengers.”
Mr Benson explained “Many of our customers have tried to recover compensation direct from the airline but been ignored or fobbed off so they have had no other choice but to come to us for help.”
One of those passengers was Nicos Nicolaou from Hertfordshire whose Thomson flight from Stansted Airport to Kephalonia International Airport was cancelled in October 2016.
Nicos initially contacted Thomson to request his compensation under EU261 which they refused and referred him to make a claim against his travel insurance. After finding out about Bott and Co, Nicos submitted his claim through their online flight delay calculator in November 2017.
4 months later, Nicos was awarded €400 in compensation, after the airline failed to respond to the legal action taken by the law firm on his behalf, resulting in Bott and Co having to issue court proceedings against the airline.
“Thomson really are a law to themselves, doing whatever they can to wangle out of their responsibilities” Mr Nicolaou told us.
“They offered me accommodation but that was no good as my trip was only going to be two days long. I had to sort myself out. No matter what I said, they couldn’t help me.
“All I wanted was for Thomson to be a bit more understanding and refund me the cost of the replacement flight I had to pay for and give me the compensation I was rightfully entitled to but they fobbed me off.
“When I realised the only option was to take legal action, I asked Bott and Co to take on the claim as I wasn’t confident in taking the airline to court myself.”
This is evident in the sheer number of cases Bott and Co have won against Thomson by default after the airline fails to respond within the correct time frame after legal proceedings are issued in the small claims court.
But issuing court proceedings can be daunting and there are cases where passengers lose because they haven’t got all the details correct. There are also fees to pay up front, which you don’t get back if you lose.
Bott and Co have paid over £230,000 in up front court fees just on Thomson claims last year alone and a staggering £500,000 since they established their flight delay department in February 2013.
Fortunately for passengers such as Mr Nicolaou, Bott and Co, who operate on a no win no fee basis, have lost only 1% of all claims against Thomson Airways that have gone to court in the last year.
At least there is a crumb of comfort for passengers while they’re waiting at the airport for their delayed flight this summer.
Data source: https://www.trustonline.org.uk/