Flight delay and cancellation compensation, Tui/Thomson ONLY

romanby1

maghater wrote: »

Doesn't matter when they respond along as you start the claim in their self imposed 2 year "zone",they have no wriggle room.

The time limit is 6 years throw Section 8 of the Limitation Act back at them. It might make them sit up and take notice.

LULU5779

cheshire_mob wrote: »

My flight was delayed by nearly 24 hours on 12/05/2010.Thomson are not denying that they are responsible but are quoting article 35 of the Montreal Convention which states that claims need to be brought within 2 years and have therefore rejected my compensation claim. Does anyone know whether the Montreal Convention has priority over EC Regulation 261/2004?

Dom Rep flight TOM071 from punta cana?

mizzlipzz

Hi there sorry to be a pest could someone plz clarify it is 14 days by law to give Thompson not 28 or 56 days which there are telling people, more than likely be 150days by nxt month, also could you confirm amount of compensation I should be claimin my flight was approximately 7hrs delayed give or take a few mins, from Newcastle to dalaman party of 6. Thanks again for any help given x

catoutthebag

Mrs cotb says it will be easier for us to use nwnf..which others are people using, I know 1-2 have been mentioned...are they working well?

darkwarrior

romanby1 wrote: »

The time limit is 6 years throw Section 8 of the Limitation Act back at them. It might make them sit up and take notice.

I thought you could claim back to 2005.

Mark2spark

darkwarrior wrote: »

I thought you could claim back to 2005.

Think again


Or read the FAQ's? :eek: :rotfl:

kandm_2

Hi all
I got my thomson defence from the court today - still using the two year time frame (which has been there only defence until now..) now they have added that on top of the two year time limit there are extraordinary circumstances due to an unforseeable technical fault prior to departure, namely, a problem with the air bleed system.
The defendant relies on the following;
a) at all material times the defendant operated a reasonable system of checks and maintenance to the aircraft concered
b) the defect was found prio to the departure of the other aircraft in question
c) the defect was the result of extraordinary circumstances outside the airlines actual control
d) the defect did not stem from events inherent in the normal excercie of the activity of the air carrier
e) the defendant will rely on nelson and tui (cases c-581/10 and c-629/10) in particular paragraph 39.

I am obivously going to look into this in more detail but am calling on those who feel inclined to give me their thoughts on the above, I would appreciate it very much

spaceaarvark

kandm wrote: »

Hi all
I got my thomson defence from the court today - still using the two year time frame (which has been there only defence until now..) now they have added that on top of the two year time limit there are extraordinary circumstances due to an unforseeable technical fault prior to departure, namely, a problem with the air bleed system.
The defendant relies on the following;
a) at all material times the defendant operated a reasonable system of checks and maintenance to the aircraft concered
b) the defect was found prio to the departure of the other aircraft in question
c) the defect was the result of extraordinary circumstances outside the airlines actual control
d) the defect did not stem from events inherent in the normal excercie of the activity of the air carrier
e) the defendant will rely on nelson and tui (cases c-581/10 and c-629/10) in particular paragraph 39.

I am obivously going to look into this in more detail but am calling on those who feel inclined to give me their thoughts on the above, I would appreciate it very much

You can look into this in more detail by scanning through the last couple of weeks of this thread.
The defence you have received is the same as that received by dozens of others and has been discussed several times.
If all the court cases churn along at more or less the same pace there will probably be several people going to court before you, and we will all have a much clearer idea of how things are panning out.

Basingstoke_Betty

Hello,

I posted last week regarding our dispute with Thomson - an 18 1/5 hr flight delay from Cape Verde to UK due to 'unexpected flight safety shortcomings' on the previous flight which resulted in our crew going over their legal hours.

On reflection we strongly feel that the CAA can do nothing for us and we have applied for compensation in the small claims court using MCOL.

I have just read the last few pages of this thread and am now concerned as I have not sent Thomson an NBA (?).

SO far I have had my claim from them rejected (twice) and sent everything to CAA (although still not received a response from them). Have I breached some form of etiquette by going straight to MCOL??

Have there been and small claims successes yet?

When Thomsons dispute my claim (which of course they will try to do), is it at that point that I get to write down the whole sorry tale and give it to the court, or do I need to take them all the way to court to 'have it out' in front of a judge?

Thank you,
BB

Vauban

Basingstoke_Betty wrote: »

Hello,

I posted last week regarding our dispute with Thomson - an 18 1/5 hr flight delay from Cape Verde to UK due to 'unexpected flight safety shortcomings' on the previous flight which resulted in our crew going over their legal hours.

On reflection we strongly feel that the CAA can do nothing for us and we have applied for compensation in the small claims court using MCOL.

I have just read the last few pages of this thread and am now concerned as I have not sent Thomson an NBA (?).

SO far I have had my claim from them rejected (twice) and sent everything to CAA (although still not received a response from them). Have I breached some form of etiquette by going straight to MCOL??

Have there been and small claims successes yet?

When Thomsons dispute my claim (which of course they will try to do), is it at that point that I get to write down the whole sorry tale and give it to the court, or do I need to take them all the way to court to 'have it out' in front of a judge?

Thank you,
BB

Have you written to them giving them an opportunity to settle, and telling them that if they do not respond favourably you reserve the right to take this to court? Because that's why the pre-court protocols require you to do.