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Flight delay and cancellation compensation, Tui/Thomson ONLY
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8% is the default: judges don't always give it, but it's entirely legitimate to claim for it.
Generally, costs of legal representation are not recoverable on the small claims track. But I'd be surprised if there were any solicitors accepting instruction on this site: who did you engage?
It was a guy called John Josephs from Borneo, Martell, Turner and Coulston. £114 set fee to help provide my defence, although Thomsons requested a stay on my hearing.0 -
VicsSmith - have never seen this firm (http://www.bmtclaw.co.uk/) on this 'site' before however for those using a legal firm suggest no win no fee (which is not MSE by the way) is the way to go and you could do a lot worse (as proven possibly by VicsSmith) than going to the guys who fronted the Dawson and Huzar appeals.
VicsSmith - suggest you revert to BMTC and ask them your questions - after all they have taken your money.0 -
luckyladyme wrote: »can anyone help me to try and find my holiday flight info.
Would you like me to pop round and help you rummage through your attic/cellar/computer/emails/rubbish bins?
Did you register for flightstats? You need to register to get 'historical' info. Otherwise, this post may help you find your information from the holiday/flight provider using an SAR:
https://forums.moneysavingexpert.com/discussion/comment/64424891#Comment_64424891The above is just my opinon - which counts for nowt! You must make up your own mind.0 -
Hi everyone
My family experienced a 13 hour delay to our Thomson flight from Dominican Republic to Gatwick in August this year.
I complained and claimed compensation as per 261/2004, and after a 60 day wait I finally heard back from Thomson yesterday.
They claim that because "the flight was delayed due to a problem with the left hand engine being detected prior to departure... the cause sits under Extraordinary Circumstances" and therefore no compensation is due.
They go on to say that "if the cause of the delay was not the airline's fault, ie the result of extraordinary circumstances, there is no requirement to pay compensation".
And... "the technical problem was detected just prior to departure and was not something that either ought to have been detected during routine maintenance or which occurred as a result of Thomson to implement a satisfactory maintenance scheme".
It seems incredible to me that Thomson claim 'a problem with the left hand engine' was not a result of routine maintenance, but obviously I am not a aviation mechanic and am not in a position to fully understand the extent of the fault and whether this resulted by poor maintenance procedures.
Please can anyone advise me on what to do? Are Thomson correct to cite the 'extraordinary circumstances' claim to avoid paying out compensation for the delay?
Many thanks
Simon0 -
Simon - you should have started here > https://forums.moneysavingexpert.com/discussion/4896454
and in particular read the last link on the first post. But to short cut all that .... just take the idiots to court.0 -
post deleted, operator input error
If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Thanks 111KAB. Apologies, I'm new to this forum and still finding my way around.
I did follow the guidance on the MSE website, and used the template letters - and to be honest fully expected to get compensation as I thought I had Thomson banged to rights!
But am keen to know people's views on whether a 'problem with the left hand engine' counts as extraordinary circumstances.0 -
simple answer - unlikely. But our views mean nothing, a judge will have to decide in small claims court.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
What was the aircarft reg? Is it the infamous 767 that has "issues"?
Not sure about the aircraft reg, but the plane was meant to be the Dreamliner, but this was held up at Cancun (as a result of the mechanical problem) so Thomson flew out a replacement aircraft instead (not a Dreamliner).
The flight number was TOM097: scheduled time of departure 2110 (24 Aug), actual time of departure 1030 (25 Aug). Total delay = 13hrs 20mins.0 -
Simon, I was confusing with Thomas Cook's "lemon" 767, hence deleted post, apologies.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0
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