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    • JPears
    • By JPears 12th Jun 17, 2:03 PM
    • 2,986 Posts
    • 846 Thanks
    JPears
    Google it. We're not allowed to put links in sigs etc (silly forum rules)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Justice13075
    • By Justice13075 12th Jun 17, 2:04 PM
    • 957 Posts
    • 417 Thanks
    Justice13075
    Just Google Vaubans Guide
    • JPears
    • By JPears 12th Jun 17, 2:17 PM
    • 2,986 Posts
    • 846 Thanks
    JPears
    From your post, it would appear that the main and importantly intial delay was caused by the engine issues on the previous but one flight, so a significant knock on effect.
    So you should be able to claim the compensation under reg 261/2004. The bomb scares, IMHO are a red herring thrown into to dissuade you from claiming.
    You can claim both compensation and from your insurance, if it covers it. They are separate items, unconnected other than by the effect ie delay.
    However I wouldn't let either party know about the other as they may use it as an excuse to wriggle out.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • The_Racer
    • By The_Racer 13th Jun 17, 7:42 PM
    • 17 Posts
    • 3 Thanks
    The_Racer
    So after starting legal proceedings in November 2016 for flight delay in July 2016 after getting months of fob off, Thomsons have finally e-mailed me today:

    "I have been handed the Judgement which has been filed in your favour and on behalf of the Airline would like to settle this claim."

    It has asked for bank details and states will settle within days.

    My main piece of advice is download Vaubans guide and stick to it exactly, it will take time but you will get there in the end.

    I personally think its an absolute disgrace the way Thomsons have behaved in this case but the more barriers they put up the more determined it made me to continue.
    • Justice13075
    • By Justice13075 13th Jun 17, 8:12 PM
    • 957 Posts
    • 417 Thanks
    Justice13075
    :b eer:
    • Gdraft4257
    • By Gdraft4257 14th Jun 17, 11:41 AM
    • 1 Posts
    • 0 Thanks
    Gdraft4257
    I submitted a claim for an 8 hour delay to Resolver in mid-April, I escalated it last week as the 56 days had elapsed and I've heard nothing back at all. Any advice of what to do next as there doesn't seem to be a great deal of info on Resolver as to what to do if you have no response?
    • Vauban
    • By Vauban 15th Jun 17, 5:20 PM
    • 4,640 Posts
    • 2,058 Thanks
    Vauban
    I submitted a claim for an 8 hour delay to Resolver in mid-April, I escalated it last week as the 56 days had elapsed and I've heard nothing back at all. Any advice of what to do next as there doesn't seem to be a great deal of info on Resolver as to what to do if you have no response?
    Originally posted by Gdraft4257
    Read what the Racer did (just two posts above yours)
    • sildenafil
    • By sildenafil 22nd Jun 17, 8:16 AM
    • 12 Posts
    • 4 Thanks
    sildenafil
    I was delayed by 10 hours on a flight from Cancun to Gatwick in May. The pilots claimed it was due to the plane being struck by lightning when coming in to land on a previous flight which delayed the inbound flight also. They said the plane needed to be repaired hence the delays.
    Once back in the UK I did a bit of research and found that the flight the pilots were talking about, the time this particular plane landed at Gatwick, there were no reports of thunderstorms in the area. I even went as far as checking weather radar reports which showed the area around Gatwick had no adverse weather whatsoever.

    Having filed a compensation claim for the delay as well as complaining about the diabolical treatment I received from Thomson, I have received a reply from them (22 days later). They are sticking to the extraordinary circumstances of the weather which caused the delay and are refusing to pay any compensation. The other issues I complained about have not been acknowledged (email was also sent to MD).

    Do I have any recourse to escalate this claim? I have kept screenshots of all weather reports etc. Any help would be massively appreciated.
    • Justice13075
    • By Justice13075 22nd Jun 17, 8:28 AM
    • 957 Posts
    • 417 Thanks
    Justice13075
    First put your flight details into bottonline and EuClaim they will tell you if you have a claim. If they do say you have a claim google and download Vaubans guide and go from there. All explained within the guide.
    • Caz3121
    • By Caz3121 22nd Jun 17, 8:29 AM
    • 10,698 Posts
    • 6,984 Thanks
    Caz3121
    Do I have any recourse to escalate this claim?
    Originally posted by sildenafil
    I would first put your flight details through a couple of the NWNF sites; EUclaim, bottonline to see whether they believe there is a case for compensation
    Assuming they confirm there is a claim, have a search for Vauban's Guide and look at the procedure to issue NBA and take them to court
    You can still go to court if the NWNF companies believe there is no claim but it is likely to be much harder work with minimal chance of success (if it was a slam dunk the NWNF's would take it in a shot)
    • sildenafil
    • By sildenafil 22nd Jun 17, 9:19 AM
    • 12 Posts
    • 4 Thanks
    sildenafil
    Thanks for the quick replies. All the sites that I have been on say I am entitled to compensation. However, what I'm wondering is that Thomson will insist it was due to the weather so will keep saying they will not pay out. Has anybody had any previous with regards to proving that the delay could not have been caused by weather and had their compensation paid? I feel like this could take a long time to come to a conclusion.
    • Caz3121
    • By Caz3121 22nd Jun 17, 9:36 AM
    • 10,698 Posts
    • 6,984 Thanks
    Caz3121
    All the sites that I have been on say I am entitled to compensation. However, what I'm wondering is that Thomson will insist it was due to the weather so will keep saying they will not pay out. Has anybody had any previous with regards to proving that the delay could not have been caused by weather and had their compensation paid? I feel like this could take a long time to come to a conclusion.
    Originally posted by sildenafil
    the data that the NWNF companies use to determine whether there is a claim includes consideration of the weather etc
    they will tell you if there is no claim due to extraordinary circumstances such as weather
    It also sounds like the lightning may have affected your 'plane' but that was on a previous rotation so your delay was a knock on effect
    Read Vauban's Guide and decide whether the follow it yourself or hand to a NWNF company
    • legal magpie
    • By legal magpie 22nd Jun 17, 10:47 AM
    • 716 Posts
    • 346 Thanks
    legal magpie
    Don't expect Thomson to "do the right thing". They consider the regulations to be unfair and will do anything to put people off. Follow the advice in Vauban's guide and if Thomson still refuse your claim, take action either yourself or with a NWNF solicitor such as Bott.
    • sildenafil
    • By sildenafil 22nd Jun 17, 11:09 AM
    • 12 Posts
    • 4 Thanks
    sildenafil
    Thanks to all the people who have taken the time to reply. I have had a look at Vauban's guide and will be following up my claim. I will keep you all updated with how I get on.
    • gavvy
    • By gavvy 26th Jun 17, 1:09 PM
    • 70 Posts
    • 17 Thanks
    gavvy
    Hi


    I submitted a claim for a 24 hour delay on May 30 following a 26 hr delay to my home flight from USA due to there being a tech issue with the compressor in the engine.


    I used the online form and have not received any communication back from Thompson thus far.


    How long do you think I should wait before sending a NBA - the Thompson website says I should hear within 56 days, but this seems very long, should I wait that long or send a NBA soon


    I don't want a judge in court saying I had not left enough time if It gets that far...
    • Tyzap
    • By Tyzap 26th Jun 17, 2:00 PM
    • 925 Posts
    • 473 Thanks
    Tyzap
    Hi


    I submitted a claim for a 24 hour delay on May 30 following a 26 hr delay to my home flight from USA due to there being a tech issue with the compressor in the engine.


    I used the online form and have not received any communication back from Thompson thus far.


    How long do you think I should wait before sending a NBA - the Thompson website says I should hear within 56 days, but this seems very long, should I wait that long or send a NBA soon


    I don't want a judge in court saying I had not left enough time if It gets that far...
    Originally posted by gavvy
    Hi gavvy,

    A month is a reasonable length of time, I do not think a judge would disagree with that.

    An NBA will act as a reminder, but they could ignore that too. They won't be able to ignore legal proceedings against them tho.

    Good luck.
    Please read Vaubans superb guide.
    • gavvy
    • By gavvy 26th Jun 17, 3:28 PM
    • 70 Posts
    • 17 Thanks
    gavvy
    Thanks

    I will Write to them with a NBA this week then.
    • smartly
    • By smartly 27th Jun 17, 9:55 PM
    • 91 Posts
    • 44 Thanks
    smartly
    This forum is for Thomson only, the clue is in the heading. Maybe post again on the Virgin forum?
    • SuperOwl86
    • By SuperOwl86 27th Jun 17, 9:57 PM
    • 64 Posts
    • 10 Thanks
    SuperOwl86
    Sorry I didn't see the Thomson part.
    • rkr71
    • By rkr71 28th Jun 17, 11:17 AM
    • 10 Posts
    • 2 Thanks
    rkr71
    can you tell me how payment was made as I have been awarded €1600 still waiting for payment off Thomson
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