Horwich pensioner sues Tomason Airways after eight-hour flight delay

The Bolton News: Ken Chaisty, Sean Heywood, paralegal, and Matthew Stokes, solicitor Ken Chaisty, Sean Heywood, paralegal, and Matthew Stokes, solicitor

A PENSIONER has won a payout from travel giants Thomson Airways after a legal battle.

Ken Chaisty, aged 71, organised a family holiday to celebrate his 65th birthday in 2007.

It included a flight to Tenerife and a cruise around the Canary Islands.

But the holiday got off to a bad start when Mr Chaisty, his wife and two sons were held up when their Thomson Airways flight was delayed by eight hours.

It meant the family was too tired to enjoy the first few days of their holiday and instead had to catch up on lost sleep.

Mr Chaisty, of George Street, Horwich, said: “They told us it was down to a faulty fuel gauge eventually but at the time there was a real lack of information.”

Mr Chaisty was frustrated by the experience and wrote to Thomson but was told no compensation would be forthcoming.

He then forgot about the ordeal until he saw an article in a national newspaper five years later.

Mr Chaisty said: “A man had won compensation after a delayed flight and he was telling others to take the big boys on — so I did.”

He contacted Joe Egan’s solicitors, in Bolton town centre, and worked with solicitor Matthew Stokes and paralegal Sean Heywood.

UK law states such claims must be filed within six years and Mr Chaisty filed his case with just weeks to spare.

Mr Stokes and Mr Heywood then began research and preparation and on April 4 they fought Mr Chaisty’s case at Bolton County Court against the airline’s barrister.

They had originally applied for a delay to the proceedings but a judge ruled the case should be heard on the day and found in favour of Mr Chaisty.

He was awarded 1,200 Euros in compensation — 400 for each member of the family. Thomson Airways could choose to contest the decision as long as it does so within 30 days of the hearing.

Mr Chaisty said: “From the day I walked into Egan’s those lads were brilliant to me.

“They were interested in helping me from the word go. For me it’s not about the money at all. I want to publicise this because I hope other people might see it and think, like I did, maybe I can take these people on and win.

“It’s a moral victory and a victory for the common man.”

The Bolton News contacted Thomson Airways but a spokesman said the firm does not comment on settlements.

Comments (10)

Please log in to enable comment sorting

11:56am Wed 16 Apr 14

goldie47 says...

well done.....far to many airlines get away with ripping off clients over delays
well done.....far to many airlines get away with ripping off clients over delays goldie47
  • Score: 4

1:34pm Wed 16 Apr 14

LordLeverhulme says...

"Tomason Airways" eh?
More quality journalism.
"Tomason Airways" eh? More quality journalism. LordLeverhulme
  • Score: 16

4:30pm Wed 16 Apr 14

Chrome1 says...

Oh here we go. Flippin six years later and the old bugger still hadn't got over the delay. I hope the airline contests the fine. Compensation seekers are a cancer on our society, as well as politicians, I hate them too.
Oh here we go. Flippin six years later and the old bugger still hadn't got over the delay. I hope the airline contests the fine. Compensation seekers are a cancer on our society, as well as politicians, I hate them too. Chrome1
  • Score: 5

5:33pm Wed 16 Apr 14

sublimity says...

When you pay for goods or services and do not get what you were promised, surely you are entitled to compensation. If you bought a new shirt and half of the buttons fell off the first time you put it on, you would want either compensation or a new shirt. Or are you the type of person that would sew the buttons back on yourself and say no more about it?
When you pay for goods or services and do not get what you were promised, surely you are entitled to compensation. If you bought a new shirt and half of the buttons fell off the first time you put it on, you would want either compensation or a new shirt. Or are you the type of person that would sew the buttons back on yourself and say no more about it? sublimity
  • Score: 4

6:12pm Wed 16 Apr 14

Sexybum123 says...

What a joke after all this time?? He must be really traumatised
What a joke after all this time?? He must be really traumatised Sexybum123
  • Score: 5

6:56pm Wed 16 Apr 14

TDK123 says...

' Morally bankrupt pensioner temporarily wins compensation ' should be the headline in my opinion. What a greedy cretin along with Egan solicitors who are as bad trying to drum up a bit of business from spurious claims.

Sublimity your analogy is gibberish. If a shirt is faulty yes take it back, its faulty and covered under the sale of goods act.

When Mr chaisty booked the holiday . he signed a booking form which forms the contract between him and the holiday co where by signing he agrees to the t&c's. Holiday companies t&c's are that ' from time to time things go wrong and flights are delayed ' etc ..you would get approx £40 compo. Awarding £400 is hugely more than the cost of the entire flight.

Have a look at Thomas cook they almost went bust a couple of years ago. Its muppets like chaisty who will be surprised when thousands more idiots jump on the band wagon with these spurious claims and send companies under just so they can get their 5 pieces of silver.

Even if they don't , who ultimately pays for these greedy morons? You and I when the costs are passed on in the form of higher holiday costs , same as car insurance companies with spurious crash for can claims.

I sincerely hope Thomson blacklist chaisty and look forward to their successful challenge of this nonsense.
' Morally bankrupt pensioner temporarily wins compensation ' should be the headline in my opinion. What a greedy cretin along with Egan solicitors who are as bad trying to drum up a bit of business from spurious claims. Sublimity your analogy is gibberish. If a shirt is faulty yes take it back, its faulty and covered under the sale of goods act. When Mr chaisty booked the holiday . he signed a booking form which forms the contract between him and the holiday co where by signing he agrees to the t&c's. Holiday companies t&c's are that ' from time to time things go wrong and flights are delayed ' etc ..you would get approx £40 compo. Awarding £400 is hugely more than the cost of the entire flight. Have a look at Thomas cook they almost went bust a couple of years ago. Its muppets like chaisty who will be surprised when thousands more idiots jump on the band wagon with these spurious claims and send companies under just so they can get their 5 pieces of silver. Even if they don't , who ultimately pays for these greedy morons? You and I when the costs are passed on in the form of higher holiday costs , same as car insurance companies with spurious crash for can claims. I sincerely hope Thomson blacklist chaisty and look forward to their successful challenge of this nonsense. TDK123
  • Score: 5

7:23pm Wed 16 Apr 14

wsw69 says...

Well done.

And to all you idiots out there with your negative comments, are you saying you would just let them get away with stuff like that? You two-faced bunch of miserable sh*tes!
Well done. And to all you idiots out there with your negative comments, are you saying you would just let them get away with stuff like that? You two-faced bunch of miserable sh*tes! wsw69
  • Score: 0

7:28pm Wed 16 Apr 14

sublimity says...

TDK123 - the analogy is not gibberish at all. In both scenarios the consumer doesn't get what they should have got. Domestic law gives the shirt buyer a remedy. European law gives the the traveller a remedy. In both scenarios the provider of the goods or services fails to deliver and that failure leads to consumer entitlement. Your penultimate paragraph demonstrates what really concerns you is the effect on your pocket. I can't speak for the motivations of Mr Chaisty or the solicitor but it's quite obvious what yours are.
TDK123 - the analogy is not gibberish at all. In both scenarios the consumer doesn't get what they should have got. Domestic law gives the shirt buyer a remedy. European law gives the the traveller a remedy. In both scenarios the provider of the goods or services fails to deliver and that failure leads to consumer entitlement. Your penultimate paragraph demonstrates what really concerns you is the effect on your pocket. I can't speak for the motivations of Mr Chaisty or the solicitor but it's quite obvious what yours are. sublimity
  • Score: 1

12:23am Thu 17 Apr 14

keithyno.1 says...

I don't think I've ever read such a ridiculous piece of 'news.' So this geezer sues Thomson Airways FIVE years later after his flight was delayed for just eight hours??!! Is it April 1st all over again??! What a sad, sad man. The flight was apparently delayed because of "a faulty fuel gauge"...if you ask me he should be just glad the engineers found the fault and fixed it, enabling him to fly and land safely. And then the family were "too tired to enjoy the first few days of their holiday and instead had to catch up on lost sleep." Aw, the poor mites...what they had to go through. This story is one of the most f e c k i n g disgusting I've ever read, the guy and his parasite solicitor gangsters should hang their heads in shame rather than proudly showing off their fizzogs in this rag as if they've won the bleedin lottery or something. Ultimately, who pays the compensation? WE ALL DO, that is the travelling public who do NOT jump to claim compensation for the slightest inconvenience when it's nobody's fault. Pathetic man, pathetic story!!!!
I don't think I've ever read such a ridiculous piece of 'news.' So this geezer sues Thomson Airways FIVE years later after his flight was delayed for just eight hours??!! Is it April 1st all over again??! What a sad, sad man. The flight was apparently delayed because of "a faulty fuel gauge"...if you ask me he should be just glad the engineers found the fault and fixed it, enabling him to fly and land safely. And then the family were "too tired to enjoy the first few days of their holiday and instead had to catch up on lost sleep." Aw, the poor mites...what they had to go through. This story is one of the most f e c k i n g disgusting I've ever read, the guy and his parasite solicitor gangsters should hang their heads in shame rather than proudly showing off their fizzogs in this rag as if they've won the bleedin lottery or something. Ultimately, who pays the compensation? WE ALL DO, that is the travelling public who do NOT jump to claim compensation for the slightest inconvenience when it's nobody's fault. Pathetic man, pathetic story!!!! keithyno.1
  • Score: 3

1:09pm Thu 17 Apr 14

Lancashire always says...

TDK123 wrote:
' Morally bankrupt pensioner temporarily wins compensation ' should be the headline in my opinion. What a greedy cretin along with Egan solicitors who are as bad trying to drum up a bit of business from spurious claims. Sublimity your analogy is gibberish. If a shirt is faulty yes take it back, its faulty and covered under the sale of goods act. When Mr chaisty booked the holiday . he signed a booking form which forms the contract between him and the holiday co where by signing he agrees to the t&c's. Holiday companies t&c's are that ' from time to time things go wrong and flights are delayed ' etc ..you would get approx £40 compo. Awarding £400 is hugely more than the cost of the entire flight. Have a look at Thomas cook they almost went bust a couple of years ago. Its muppets like chaisty who will be surprised when thousands more idiots jump on the band wagon with these spurious claims and send companies under just so they can get their 5 pieces of silver. Even if they don't , who ultimately pays for these greedy morons? You and I when the costs are passed on in the form of higher holiday costs , same as car insurance companies with spurious crash for can claims. I sincerely hope Thomson blacklist chaisty and look forward to their successful challenge of this nonsense.
I was delayed for Five hours once it didnt spoil my holiday i was fortunately with good company that laughed it off and put it down to experience to loose a few day holiday because of the delay what a load of tripe ....
[quote][p][bold]TDK123[/bold] wrote: ' Morally bankrupt pensioner temporarily wins compensation ' should be the headline in my opinion. What a greedy cretin along with Egan solicitors who are as bad trying to drum up a bit of business from spurious claims. Sublimity your analogy is gibberish. If a shirt is faulty yes take it back, its faulty and covered under the sale of goods act. When Mr chaisty booked the holiday . he signed a booking form which forms the contract between him and the holiday co where by signing he agrees to the t&c's. Holiday companies t&c's are that ' from time to time things go wrong and flights are delayed ' etc ..you would get approx £40 compo. Awarding £400 is hugely more than the cost of the entire flight. Have a look at Thomas cook they almost went bust a couple of years ago. Its muppets like chaisty who will be surprised when thousands more idiots jump on the band wagon with these spurious claims and send companies under just so they can get their 5 pieces of silver. Even if they don't , who ultimately pays for these greedy morons? You and I when the costs are passed on in the form of higher holiday costs , same as car insurance companies with spurious crash for can claims. I sincerely hope Thomson blacklist chaisty and look forward to their successful challenge of this nonsense.[/p][/quote]I was delayed for Five hours once it didnt spoil my holiday i was fortunately with good company that laughed it off and put it down to experience to loose a few day holiday because of the delay what a load of tripe .... Lancashire always
  • Score: 1

Comments are closed on this article.

click2find

About cookies

We want you to enjoy your visit to our website. That's why we use cookies to enhance your experience. By staying on our website you agree to our use of cookies. Find out more about the cookies we use.

I agree