Flight delay and cancellation compensation, Tui/Thomson ONLY

bazaar_2

they are at least getting consistant, mine was bird strike ( without prej) then its gone to heavy landing on a previous flight. ( without prej crossed out) so thatll be their defence.

danesol

I too have had a similar response from Thomson over a delayed flight from Cancun back in April 2007 ( 12th ) after writing to them March 27th 2013

They state that they are not dealing with claims greater than 2yrs

So which courts do I take them to - small claims or ???

Vauban

danesol wrote: »

I too have had a similar response from Thomson over a delayed flight from Cancun back in April 2007 ( 12th ) after writing to them March 27th 2013

They state that they are not dealing with claims greater than 2yrs

So which courts do I take them to - small claims or ???

I just answered this on the other thread you started. You are out of time, my friend.

Gooseman41

After my previous post two days ago with regard to the defence I had received. I today have sent the allocation questionnaire back along with my cheque for £40 and also the small claims mediation form.

Interestingly when I got home on the doormat was a letter from the county court in Northampton. This was relating to the same claim (I am also awaiting a different claim defence) but this was a form titled' notice of defence that amount claimed has been paid'. I am now confused. There should be a form N9B which says is attached but this form isn't attached!! The long and short of this new form I have received says 'that the defendant says that the amount you are claiming has been paid (see attached form N9B)'.

Am I going mad? I have not received any money as yet. What do I do now. Attached is the same defence everyone appears to be getting and comically mine on this copy of a fax has got someone else's claim number crossed out and my one written on it!,,,

Can anyone shed any light on what I do now! And what is form N9B?

Thanks

danesol

Vauban wrote: »

I just answered this on the other thread you started. You are out of time, my friend.

The incident happened on 11 April 2007 - I started proceedings 27th March 2013

That's still under 6yrs isnt it ??

danesol

Centipede100 wrote: »

When you say you have started proceedings, do you have a stamped legal claim form N1 from MCOL or your local county court with a date prior to 11 April 2013?

If you do not have this, you are out of time as Vauban has stated.

No I havent, but surely after constantly trying to presue this over many years, to finally be told recently, that you can now claim under EU law, surely my initial claim in writing to the airline must count as if that doesnt constitute the 6yr threshold in my case - all what the airlines would have to do it try and stall you from making a claim to court by bombarding you with silly letters ??

phritchie

Bonters wrote: »

"In the case of your flight, the delay was the result of operational disruption caused by delays to other aircraft caused by meteorological conditions incompatible to the operation of the flight, which put simply means that the weather made it insufficiently safe for the flight to operate"

Very interesting, it sounds like they've just sealed the deal for you! (once all this 2 years rubbish is sorted...).

I'm in a similar situation, flight delayed by 4 hours leaving Birmingham for Cancun on Feb 22nd 2010. The reason given by the captain at the time was that the aircraft was delayed by weather leaving the Caribbean on a previous flight. All the other flights left Birmingham as normal that morning. When I wrote to Thomson I got back the 2 year letter, but no other excuses. Here's an extract from what I wrote back with (I also challenged the two year limit).

In addition, we were informed by the Captain on the flight that the delay was caused by the aircraft departing late from the Caribbean due to bad weather on the previous flight. The small set of “Extraordinary Circumstances” which exempt airlines from compensating for flight delays are defined as:

As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

As there were no adverse weather conditions for our flight at Birmingham, our flight therefore does not fall under the category of Extraordinary Circumstances. Amongst the empty apology in your reply you have offered no alternative explanation for the delay.

Considering all of the above, I cannot see a reason for you to not pay me the compensation due without further delay.

It is precisely clear in the definition of extraordinary circumstances that poor weather conditions must be associated with the operation of the flight concerned. Disruption elsewhere in the fleet due to weather doesn't count. This is laid out much more clearly than technical faults for instance.

Good luck with you claim. Personally I'm hesitent to go through the court route until the two year limit is rubbished, mostly for the cost risk and effort (got a baby on the way next month). I know a lot of people are ahead of me if I was to join the queue, so I'm ashamed to say I'm waiting for them to spearhead the way.
However, I'm getting more tempted, as the claim was over 3 years ago, so if I took it to court the extra interest I could add would be ~300 euros for our 1200 euro claim! That's getting towards a favorable risk if the case fails and I have to pay costs...

spaceaarvark

danesol wrote: »

No I havent, but surely after constantly trying to presue this over many years, to finally be told recently, that you can now claim under EU law, surely my initial claim in writing to the airline must count as if that doesnt constitute the 6yr threshold in my case - all what the airlines would have to do it try and stall you from making a claim to court by bombarding you with silly letters ??

Nope.
It is black and white; either you started your court claim within the 6 year period or you did not.
There is is no "surely" involved.
You do not have to indulge in multiple correspondence with the airline. You just have to warn them that you are going to start legal proceedings and then do it.
Sorry.

Ich_2

Meteorological Conditions

As I commented above, the weather at the departure airport is not the only factor, what it will be like at the destination and alternates that must be considered.
As an example there is no point in leaving the UK in fine weather to go to the Caribbean, only to find the aircraft cannot land owing to a hurricane affecting the destination & alternates as it will soon be out of fuel.

phritchie

Ich wrote: »

Meteorological Conditions

As I commented above, the weather at the departure airport is not the only factor, what it will be like at the destination and alternates that must be considered.
As an example there is no point in leaving the UK in fine weather to go to the Caribbean, only to find the aircraft cannot land owing to a hurricane affecting the destination & alternates as it will soon be out of fuel.

Good point. With my flight though there was no hurricanes etc, other flights arrived into cancun as normal.