Flight delay and cancellation compensation, Tui/Thomson ONLY
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I flew with Thomson on Jan 9th 2012, Flight TOM082 to Jamaica. We had a 11hr delay. I contacted Thomson re flight delay compensation and received a letter back rejecting my claim due to the problem falling under " Extraordinary circumstances"!
Having seen the posts on this forum, I then completed an online form with the CAA for further investigation. 3 months on the CAA have confirmed that the fault does not fall under extraordinary circumstances and that Thomson have agreed to compensate.
Having spoke to Thomson again today to confirm this, they are forwarding a nice little 1200 euros!!
I initially considered pursuing this claim with a no win no fee agent however this forum made me realise that it was not necessary. The process was so easy. So glad I didn't accept the first rejection!
I would like to thank everyone for the advice on this forum.
:j:j0 -
Good result. Well done. Perhaps the CAA aren't so useless as I have previously said.0
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Hi Bud, I have had no issues with the CAA, they are very helpful with my requests at the moment, also i have had the response back from TC customer relations saying the CAA have asked them to review my case but TC say nahh. I think the message is getting through from passengers.legal_magpie wrote: »Good result. Well done. Perhaps the CAA aren't so useless as I have previously said.Check out Vaubans Flight Delay Guide, you will be glad you did....
:):)
Thomas Cook Claim - Settled Monarch Claim - Settled0 -
flower we await your result!!Case tomorrow 2pm - if it was not for razorsedge and dxc_chappie I would be completely and utterly underprepared.. mind has been slightly taken up with family illness. But no matter what happens big thank you to you guys...:-)
Wish me luck....
BTW has anyone been held in contempt of court yet......
If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Well your be pleased to hear I survived..... I must admit I was absolutely bricking it... on arrival Thomsons barrister introduced herself by handing me the 'Skeleton argument' which she had just that minute handed to the Judge...this obviously did not help matters and immediately sent me into hot flushes...... but guess what I won on both counts.... YEY...... which is what i wanted to shout in court and do a little dance but I managed to restrain myself....
The judge was not a supporter of tying up courts for years with long appeals and immediately refused to stay on either count.
Two years: he summised that the Montreal convention was years old and legislation has been updated and relied on the findings of the two main cases.
Extro circumstances.... relied solely on the Wallentine test and findings of the Huzar case (thanks Mr Huzar).
I must admit it did help when the Thomsons barrister started quoting things that were clearly not in the evidence packs and I pointed out that their witness statements had a fair few inconsistencies and mistakes (thanks razersedge CAPE....)
One extra element I used which I believe went in my favour is that Thomsons are not supplying any stats to which should include other airlines on how many times these component failures are happening. (possibly because this would obviously go against them) I noticed yesterday that another individual was quoting EEC issues - the same as mine - it might be worth setting up an EC thread on this sure Thomson can not keep stating EC if these parts are constantly failing....
Anyway Thomson have been ordered to pay me in 21 days... can't wait - then I will really do a jig
1 downside - would not allow me to claim on behalf of Husband and holiday companions... so not quite finished but will definately sit back and enjoy the next stage.....0 -
Well done Flower - brilliant result. Don't forget to post in the Court Success thread too!0
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Well your be pleased to hear I survived..... I must admit I was absolutely bricking it... on arrival Thomsons barrister introduced herself by handing me the 'Skeleton argument' which she had just that minute handed to the Judge...this obviously did not help matters and immediately sent me into hot flushes...... but guess what I won on both counts.... YEY...... which is what i wanted to shout in court and do a little dance but I managed to restrain myself....
The judge was not a supporter of tying up courts for years with long appeals and immediately refused to stay on either count.
Two years: he summised that the Montreal convention was years old and legislation has been updated and relied on the findings of the two main cases.
Extro circumstances.... relied solely on the Wallentine test and findings of the Huzar case (thanks Mr Huzar).
I must admit it did help when the Thomsons barrister started quoting things that were clearly not in the evidence packs and I pointed out that their witness statements had a fair few inconsistencies and mistakes (thanks razersedge CAPE....)ù
One extra element I used which I believe went in my favour is that Thomsons are not supplying any stats to which should include other airlines on how many times these component failures are happening. (possibly because this would obviously go against them) I noticed yesterday that another individual was quoting EEC issues - the same as mine - it might be worth setting up an EC thread on this sure Thomson can not keep stating EC if these parts are constantly failing....
Anyway Thomson have been ordered to pay me in 21 days... can't wait - then I will really do a jig
1 downside - would not allow me to claim on behalf of Husband and holiday companions... so not quite finished but will definately sit back and enjoy the next stage.....
Great result!
What was the reason for not allowing hubby's and companions' claims?0 -
Well done Flower, great result. And nice to see that at least one DJ has some balls!0
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How long should I wait for an initial response?
I contacted Thomson a week ago (through their on-line form) about a delayed flight. I asked about the procedure for reclaiming the cost of food during the delay, and whether the delay had been because of "exceptional circumstances". My intention was to see if they would offer something like a discounted flight in lieu of the EU compensation...
However, they have not responded at all, apart from an automatic acknowledgement. Should I just wait, or make things confrontational by sending a 'letter before action'? Or do something else?
Incidentally, they completely ignored the law: passengers were not informed of their rights; no attempt was made to provide "care"; no explanation of any kind was given for the delay. In addition, I only found out about the delay when I arrived at the airport: they did not make any attempt to contact passengers and so the final four hours of my holiday was wasted at the airport when it could have been spent happily in-country.0 -
Well your be pleased to hear I survived..... I must admit I was absolutely bricking it... on arrival Thomsons barrister introduced herself by handing me the 'Skeleton argument' which she had just that minute handed to the Judge...this obviously did not help matters and immediately sent me into hot flushes...... but guess what I won on both counts.... YEY...... which is what i wanted to shout in court and do a little dance but I managed to restrain myself....
The judge was not a supporter of tying up courts for years with long appeals and immediately refused to stay on either count.
Two years: he summised that the Montreal convention was years old and legislation has been updated and relied on the findings of the two main cases.
Extro circumstances.... relied solely on the Wallentine test and findings of the Huzar case (thanks Mr Huzar).
I must admit it did help when the Thomsons barrister started quoting things that were clearly not in the evidence packs and I pointed out that their witness statements had a fair few inconsistencies and mistakes (thanks razersedge CAPE....)
One extra element I used which I believe went in my favour is that Thomsons are not supplying any stats to which should include other airlines on how many times these component failures are happening. (possibly because this would obviously go against them) I noticed yesterday that another individual was quoting EEC issues - the same as mine - it might be worth setting up an EC thread on this sure Thomson can not keep stating EC if these parts are constantly failing....
Anyway Thomson have been ordered to pay me in 21 days... can't wait - then I will really do a jig
1 downside - would not allow me to claim on behalf of Husband and holiday companions... so not quite finished but will definately sit back and enjoy the next stage.....
Congratulations!
Big Victory.The above is just my opinon - which counts for nowt! You must make up your own mind.0
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