Flight delay and cancellation compensation, Tui/Thomson ONLY

jenn1ewest1

Mrsrestore wrote: »

I have just received my stock response reply from Thomsons denying me any compensation ( I was delayed in India by 10 hours due to flight staff not adhering to Indian Govt visa regulations and therefore a shortfall of crew for the flight arose!)They quote the Montreal Convention to me and state that as my claim was > 2 years old it cannot be considered! I have today responded to state that I do not believe that in the circumstances the Montreal Convention applies and that I found their response quoting engineering excellence patronising as they fail to mention or acknowledge the nature of neither my complaint nor the reasons for my delayed flight!I have now filed my complaint with CAA and await an outcome, which if not acceptable, will result in my seeking redress through the courts.

If you have read any of the hundreds of posts you will see you are wasting your time CAA can not force thomson to pay up the only forward is to issue 14 day notice then off to court its the only way to get them to pay up
JH:money:

Vauban

Mrsrestore wrote: »

I have just received my stock response reply from Thomsons denying me any compensation ( I was delayed in India by 10 hours due to flight staff not adhering to Indian Govt visa regulations and therefore a shortfall of crew for the flight arose!)They quote the Montreal Convention to me and state that as my claim was > 2 years old it cannot be considered! I have today responded to state that I do not believe that in the circumstances the Montreal Convention applies and that I found their response quoting engineering excellence patronising as they fail to mention or acknowledge the nature of neither my complaint nor the reasons for my delayed flight!I have now filed my complaint with CAA and await an outcome, which if not acceptable, will result in my seeking redress through the courts.

Hope you don't mind waiting ...

davidbrian55

jenn1ewest1 wrote: »

pop in to your local shop and get them to print off your booking documents

amazing, I'd never have thought of something so obvious and so simple. Thanks so much, brilliant suggestion.

ShellyCochrane

First post and gonna try and avoid the pitfalls of posting questions already in FAQs or in thread as dont wanna be shouted at, lol.

Anyways were gonna do a moneyclaimonline against Thompson or give it to flightmole or avaition loss consultants so dont have to go to court - OH would need to buy a suit, hahahaha.

We got the two year letter and see that you all think thats rubbish so might as well have a pop. Wasnt that fussed bout the delay at the time so this feels a bit like winning the lottery if I get it. Good for the savings pot.

So my question is whether i should do it myself or give it to flightmole. And if I dont wanna give up a slice and so give it a go and do it myself, what is the answer to these questions

1. If I lose I just want to know that theres no chance I wud have to pay anything to Thompson?
2. When I win will they have to pay my fees and expenses and stuff?
3. When I win what happens if they do an appeal to the crown court or something? Who would pay the costs of that?

Im not scared but could do without making any dent into our caravan fund (but could also do with a 800 euro input!)

Thanks everyone and keep it up.

Shells xxx

111KAB

ShellyCochrane wrote: »

1. If I lose I just want to know that theres no chance I wud have to pay anything to Thompson?
2. When I win will they have to pay my fees and expenses and stuff?
3. When I win what happens if they do an appeal to the crown court or something? Who would pay the costs of that?

1) You may have to pay their reasonable travel expenses for appearing at YOUR local court.
2) If you win you will be entitled to your court application cost and hearing cost being reimbursed. You can also ask that you are awarded attendance costs which are generally around £50. You can also ask for interest on your claim from the date of delay until the date of the hearing. This is generally levied at 8% although often the airline (if they lose) will ask that this be reduced to say 3% as the 8% is a somewhat historical figure and goes back to the days when you could get higher interest rates on your money.
3) It is highly unlikely the airline will appeal if they 'lose' as in effect they are questioning the judgement ie not witnesses or facts of the delay. It is obviously a risk but a very minute one.

lucy-lou

I am new to these forums so please bare with me.

I sent a letter regarding my flight delay from 25th July 2007 to Thompson airways on 4th April, and received what seems to be their standard response that it is outside of 2 years and so they are unable to pay out any compensation yesterday (10th May).

I was thinking about forwarding my complaint to the aviation authority in Cyprus as that was our departure point and so am unable to forward it to the CAA.

However, I am thinking that I may be better of going straight down the small claims route as I am approaching the 6 year point.

Has anyone had any success in court after receiving the standard 2 year letter? We were delayed due to the previous flight into Cyprus being delayed and then the crew being outside their flying hours for our return flight.

Any help would be appreciated. Thank You.

Also I found this guide to making a court claim which may be of use to you howtotakesomeonetocourt.info (couldn't post as a link as a new user sorry)

111KAB

lucy-lou wrote: »

However, I am thinking that I may be better of going straight down the small claims route as I am approaching the 6 year point.

Start your MCOL immediately due to date of delay. Think about the other matters at a later stage.

zzx

Thomson defence?
Launched mcol claim against thomson for delay in 2010. Just received defence: 2 years etc depsite them telling me on the phone that I fad claimed within 2 weeks!

now they claim extraordinary circumstances due to air traffic control giving a delayed take off slot.

BUT at the airport the reason given for the delay was technical fault. Take off was meant to be at 16.00
at 21.00 were were sent to board a different plane as the technical fault was not yet fixed. At 21,20 were were denied boarding as there was no no crew available.
Finally took off at 08.30 next day.

How can i investigate this air traffic control time slot issue?
any help welcome!

UPDATE

Having instigated mcol Thomson have changed their defence. Thet sent me an amended directions Questionnaire stating that the Air traffic defence was an error and they now cite a technical fault. Can they do this? They had already submitted their defence to the Court. When I responded with a witness statement from the hen Manager of Gatwick airport stating that ATC delay for 17 hours was impossible they changed their story. But the original defence was already submitted to court. HELP!

sjo2015

Hi there, surprisingly quickly I have been allocated a hearing date for compensation claim against Thomson on June 17th at Leeds. Thomson did not request a specific court so I got lucky with being on home turf! Laughingly on the directions questionnaire they ticked that they would consider mediation despite serving a defence disputing entire claim. (I did not opt for mediation as far as I am concerned I've tried negotiation and met a brick wall!).

Anyway putting together case any would be grateful for any advice/suggestions.

Their defence:

1. It is strictly denied that the Defendant is liable for compensation under what is assumed to the Denied Boarding Regulations 2004 (EC 261/2004) (the “Regulation”).

2. It is admitted and averred that the Defendant (“the Airline”) operated Flight Tom076 on the 25th November 2011 from London Gatwick, United Kingdom, to Mombasa, Kenya (“the Flight”).

3. The claimant is required to prove that she and her party travelled on the flight.

4. It will be said by the Airline that the aircraft which was scheduled to operate the Claimants’ flight, aircraft registration G-OOAN, was subject to an unexpected technical fault namely damage to one of the aircraft’s engine’s fan case.

5. This resulted in a delay of departure of the aircraft from Manchester to London Gatwick, after which it would have then operated from London Gatwick to Mombasa, and finally operated the Claimant’s flight.

6. It was therefore necessary to source an alternative aircraft to operate the Claimant’s flights.

7. It is averred that the matters pleaded in the paragraph 4 above were caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken and that, pursuant to Article 5(3) of the Denied Boarding Regulations, no compensation is payable in the circumstances. The Defendant relies on the following:-

a) At all material times, the Defendant operated a reasonable system of checks and maintenance to the aircraft concerned.

b) The defect was found during pre-flight checks prior to the aircrafts departure from Manchester.

c) The defect was the result of extraordinary circumstances outside the Airline’s actual control.

d) The defect did not stem from events inherent in the normal exercise of the activity of the air carrier.

e) The defendant will rely on Nelson and TUI (Casesc-581/10 and C-629/10), in particular paragraph 39.

8) For the reasons set out above, the claim for compensation of 600 Euros per person pursuant to the Denied Boarding Regulations is denied.

9) As to the contingent claim for interest, it is denied that 8% is an appropriate interest rate.

I'm looking at using judgments on Sturgeon, Wallentin & the legislation itself.

Considering whether Finnair vs Laasooy would be relevant as the plane hadn't even reached Gatwick and it is possible the fault was the result of a previous flight?

Also wondering if I can refer to the proposals to amend 261/2004 published March 2013 which seek to clarify 'extraordinary circs'?


Thanks in advance.:j

ShellyCochrane

111KAB wrote: »

1) You may have to pay their reasonable travel expenses for appearing at YOUR local court.
2) If you win you will be entitled to your court application cost and hearing cost being reimbursed. You can also ask that you are awarded attendance costs which are generally around £50. You can also ask for interest on your claim from the date of delay until the date of the hearing. This is generally levied at 8% although often the airline (if they lose) will ask that this be reduced to say 3% as the 8% is a somewhat historical figure and goes back to the days when you could get higher interest rates on your money.
3) It is highly unlikely the airline will appeal if they 'lose' as in effect they are questioning the judgement ie not witnesses or facts of the delay. It is obviously a risk but a very minute one.

Big thanks for your answer makes me feel a bit better. When you say it is a small risk do you mean its not very likely or do you mean the costs involved in an appeal to crown court would be really small so I shouldnt worry?

Think I will use that flightmole website - seems better for me then as they would have that risk - if Thompson are really sure about their "avaition lawyers advice" then i wouldnt want to end up as a guinea pig or test case being dragged through crown court and then to the european court or something as seems Thompson like taking things to the European Court of Judges.

Also do the no win no fee firms like flightmole drag you along to the court hearing if you give them your claim - that doesnt sound like much fun if i'm paying them.

I bet i sound really dumb but just excited and scared at the same time.

Shells xxx