Flight delay and cancellation compensation, Tui/Thomson ONLY

Basingstoke_Betty

Vauban wrote: »

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.

No, not formally but the MCOL application process never mentioned this sort of thing at all. However, I did mention to TUI that I would be taking it further during phone conversations. I also said I would be contacting the CAA.

I do have an email from them which states that they understood that I had mentioned to a colleague that I would be speaking to a third party about the claim and that they would provide further information to them if required (this was basically at the same time as telling me that I could not have the detailed information I had requested).

Will the small claims court take issue with this oversight? I clearly state on the MCOL application that I have tried to deal with TUI but they have dismissed my claim due to 'exceptional circumstances' which I dispute entirely.

BB

simonk123

we had a 24 hour delay in April this year with Thompson, the plane just got off the stand before we had a technical issue, we sat on the plane over 4 hours whilst they tried to fix it but in the end they put us in a hotel over night.
i have written to Thompson with regards compensation but they claim as the fault was only found once the plane had left the stand then this is unforseen circumstances and compensation cant be claimed.
i have made a complaint with the CAA, anybody have any ideas on where we stand?

rawson

Long shot, but was anyone on the TOM866 flight from East Midlands to Cancun on the 28th September 2010 which was delayed by 13 hours eventually flying from Manchester via a coach journey?

Would be interested to know if anyone has had any luck with this flight, and also if anyone has a copy of the letter that they handed out in Manchester Airport confirming that the delay was caused by technical difficulties?

Camaro3

Got my SAR back from Thomson, it details the booking and a log of the aircraft fault (engine replacement). I did ask for copies of boarding tickets (as if they are going to supply these!) but none turned up. Me thinks details of booking, credit card receipt from Alicante airport shortly before we flew back should be enough.
14 day LBA coming up & then court.:D

Mark2spark

Basingstoke Betty, I wouldn't worry about the 14 days notice, yes ideally you should have sent it, but you can just say you did.
With the amount of lying and underhand tactics the airline is employing I think it's the least of your worries.
Another poster has also remarked that when they went to court, they asked the judge why the defence was accepted even though it was filed after the deadline for filing, the judge replied "so what" so they can't have it both ways.

Cherrycherry

Have filed a claim through MCOL against TUI, and of course they are intended to defend all of the claim.
Could you please advice me, have I made a mistake by using MCOL and asking compensation for myself and my wife? Or should've I filed two separate claims?

romanby1

Cherrycherry wrote: »

Have filed a claim through MCOL against TUI, and of course they are intended to defend all of the claim.
Could you please advice me, have I made a mistake by using MCOL and asking compensation for myself and my wife? Or should've I filed two separate claims?

One claim is OK. Whoever made the booking is the first claimant and the partner is the second claimant.

Pingpongking

Hi

Did you get anywhere with this in the end? We were on the same flight and Thomson rejected our claim, saying the delay was due to the aircraft having a technical fault that was only detected in flight on the trip before it was due to take us. They claim this constitutes "extraordinary circumstances" because it could not have been detected during routine checks before that flight. They do not give any further details about the fault itself and are presumably meant to take their word for it...

Camaro3

Pingpongking wrote: »

Hi

Did you get anywhere with this in the end? We were on the same flight and Thomson rejected our claim, saying the delay was due to the aircraft having a technical fault that was only detected in flight on the trip before it was due to take us. They claim this constitutes "extraordinary circumstances" because it could not have been detected during routine checks before that flight. They do not give any further details about the fault itself and are presumably meant to take their word for it...

Which Flight?

romanby1

Pingpongking wrote: »

Hi

Did you get anywhere with this in the end? We were on the same flight and Thomson rejected our claim, saying the delay was due to the aircraft having a technical fault that was only detected in flight on the trip before it was due to take us. They claim this constitutes "extraordinary circumstances" because it could not have been detected during routine checks before that flight. They do not give any further details about the fault itself and are presumably meant to take their word for it...

Ours is similar it is not Extraordinary Circumstances Sue them.