Flight delay and cancellation compensation, Tui/Thomson ONLY

tracylou · 14 August 2014 at 11:33PM

dxc_chappie wrote: »

There's plenty of reports on this forum on how useless the CAA are and also reports of non UK CAA findings having no legal standing in English courts. Your experience supports avoiding these toothless time wasters.

I fully expect Thomson will reply to your renewed claim with a statement that they have applied to appeal to the Supreme Court so won't compensate at this time. I also expect that when a legal claim is started they will concoct another excuse not to pay.

If you are not comfortable starting a court claim yourself then handover to a nwnf. One thing you can be sure of: letter writing and providing documentation/information over and over again will not get your compensation as Thomson will happily ignore these or give you the runaround. A court claim is required.

dxc_chappie

You were spot on about the reply I would get from Thomson, below is an extract of their letter today:

"On detailed review of the Courts judgement, we believe that they have made an error in both fact and law when coming to their decision, and for this reason we have made an application to seek a further appeal to the UK's highest court, the Supreme Court"

I've been trying to access the Centipeed100 NBA Letter but keep getting "Invalid post specified". Is there a live link somewhere else? I know there's an NBA in the "Which" link but it's a bit long, however I may have to use if there's nothing else. Any help with the Centipeed100 link would be appreciated. Thanks.

111KAB · 15 August 2014 at 6:22AM

Centipede100 deleted all his posts (I will not go into the reasons why) however as mentioned before a NBA is quite a simple matter ...

1) Title of letter should be Notice Before Action sent to head office of airline - proof of posting required
2) List flight number, date and passengers names
3) List amount of compensation you are seeking in accordance with 261/2004
4) Advise number of days (14/21?) you are prepared to wait otherwise you will submit court claim without further recourse.

Mean what you say - letter should not just be used as a threat - if airline do not pay up and you believe you should receive compensation either take them to court or appoint no win no fee.

LULU5779 · 15 August 2014 at 10:32AM

Short Recap:

25th September 2013 - Won Defence 1 – EC
Stayed Defence 2 – Dawson Appeal

I wrote to the Judge on the 3rd July,14 days after the Dawson appeal as per the judge instruction to request the stay to be lifted and compensation to be paid. The judge then wrote to Thomson asking if they agreed. I phoned the court again this morning and they said Thomson replied on the 12th August and the only details they can tell me at this point is Thomson have requested another stay.

My question is have Thomson actually filed an appeal with the Supreme Court? I have goggled it can’t find anything to say this has actually happened? I thought it had to be done within 28 days from the 19th June?

111KAB · 15 August 2014 at 11:09AM

LULU5779 wrote: »

My question is have Thomson actually filed an appeal with the Supreme Court? I have goggled it can’t find anything to say this has actually happened? I thought it had to be done within 28 days from the 19th June?

They have requested that the Supreme Court consider granting them an appeal. The SC will (or should ) decide whether to permit an appeal to proceed before the year end.

tracylou · 15 August 2014 at 1:49PM

111KAB wrote: »

Centipede100 deleted all his posts (I will not go into the reasons why) however as mentioned before a NBA is quite a simple matter ...

1) Title of letter should be Notice Before Action sent to head office of airline - proof of posting required
2) List flight number, date and passengers names
3) List amount of compensation you are seeking in accordance with 261/2004
4) Advise number of days (14/21?) you are prepared to wait otherwise you will submit court claim without further recourse.

Mean what you say - letter should not just be used as a threat - if airline do not pay up and you believe you should receive compensation either take them to court or appoint no win no fee.

Thanks for that, you've been very helpful. I'll just use the relevant bits in the Which draft then.

I was trying to decide if I should wait until the result of the appeal before I send the NBA, but I'm pretty sure they'll be inundated with claims when (hopefully) their appeal is rejected, so will go ahead now with mine.

Thanks again.

marky.fitz · 15 August 2014 at 3:36PM

Hello sorry another newbie here looking for help please.

Myself and wife were delayed back in June 2009 (3 hours 40 minutes departing and also 4 hours departing on way back) from holiday but I have just received a letter from Thomson stating the following.

The Supreme Court in the UK has said that all claims todo with "international carriage by air" need to be brought within twoyears. We, therefore, can't consider claims for flights that were delayed morethan two years ago.

As you may be aware, the Court of Appeal has made itsdecision on the matter of Dawson v Thomson Airways. The Court decided that thecorrect amount of time that passengers can bring a claim for compensation underthe Denied Boarding Regulations is six years.

On detailed review of the Court's judgment, we believethat they have made an error in both fact and law when coming to theirdecision, and It is for this reason that we have made an application to seek afurther appeal to the UK's highest court, the Supreme Court.

Until the Supreme Court has considered the application,we are unable to progress your claim. We kindly ask that you contact us oncethis decision has been received.

I've just spoken to a no win no fee company and they have said they can't persue my claim as I have already made an application (altough the lady said I had a good claim in her opinion). Is this correct or does anyone know a company who can possibly help me?

Thanks in advance of any help or next course of action.

legal_magpie · 15 August 2014 at 5:15PM

What do you mean by "made an application"? Does this mean that you have already commenced Court proceedings? If not, I can't see why a NWNF firm won't act for you. By this I mean solicitors not claims management companies. Have you contacted Bott and Co (with whom I have no connection by the way)?

111KAB · 15 August 2014 at 5:19PM

Most no win no fee not taking on claims over 4 years old plus given the likely time it could take to resolve Dawson -v- Thomson the only possibility could be to commence court action yourself.

dxc_chappie · 17 August 2014 at 4:13PM

111KAB wrote: »

Centipede100 deleted all his posts (I will not go into the reasons why) however as mentioned before a NBA is quite a simple matter ...

This is a shame as all the useful stuff was in easy to find posts at the start of each airline thread. Now it is much more difficult to find and therefore not surprising the same old questions keep getting asked.

tracylou wrote: »

I've been trying to access the Centipeed100 NBA Letter but keep getting "Invalid post specified". Is there a live link somewhere else? I know there's an NBA in the "Which" link but it's a bit long, however I may have to use if there's nothing else. Any help with the Centipeed100 link would be appreciated. Thanks.

I can't help with the Centipede100 link, but here's my NBA which was based on Centipede's:

Dear Sir or Madam,

Re: Compensation claim for delayed flight - Notice Before Action
Booking reference: xxxxx

Further to my letter xxxx 2013 I have not received a satisfactory response to my compensation claim for flight XXXX on xx/xx/2007. The flight from London Gatwick Airport to xxxxxxxx Airport, xxxxxx with a scheduled departure time of xx:xx arrived more than 6 hours late at xxxxxxx Airport, xxxxxx.

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were:
• dxc_chappie
• mrs dxc_chappie
• ms dxc_chappie#1
• ms dxc_chappie#2

My scheduled flight length was approximately xxxxkm, therefore I am seeking €400 per delayed passenger in my party. The total is €1,600 for all passengers plus interest @8% p.a.

Copies of the flight booking, booking confirmation and receipt of final payment were provided with my previous letter xxth xxxxxxxx 2013.

Should you neither settle my claim in full nor provide a full and satisfactory defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.

After I sent this (which was also copied to the airline's company secretary) I got a response in a few days - not the 28 or 56 days rubbish the airlines try to fob you off with. Not a satisfactory response of course so I subsequently started a court claim.

Hope this is useful.

tracylou · 17 August 2014 at 7:29PM

dxc_chappie. Many thanks for taking the time to post your NBA letter above. It's more straightforward than the Which draft and I'm sure others will find it very useful also.

Thanks again for your help.

Flight delay and cancellation compensation, Tui/Thomson ONLY

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