Flight delay and cancellation compensation, Tui/Thomson ONLY

bader242

Hi, new to using forums so please excuse any errors.

We lodged a claim with Thomson(TUI) on a flight from Birmingham to Barbados on 5th Nov 2010 which was delayed in excess of 9 hours. We started our claim 23 Nov 2012.

Thomson (TUI) are refusing the claim as under English law the limit for claims is 2 years.

Has anyone else had this problem? and have you been able to get around it?

Thanks

blondmark

Having sued Thomson and received their voluminous defence, we're now approaching the stage when the court schedules a hearing date and I pay the hearing fee. Thomson have now written offering to settle for just over half the amount claimed.

Of course I wrote back and said absolutely not - I want every penny.

laticsforlife

blondmark wrote: »

Thomson have now written offering to settle for just over half the amount claimed.

Of course I wrote back and said absolutely not - I want every penny.

Very interesting - was the defence exceptional circumstances, as if it was it suggests they now realise the futility of the defense and hope perhaps half of us might settle for half the claim (and set no precedent - yes I know MCOL doesn't set a legal precedent but the fact that one or two win means we will all stand more firmly to our claims)
:j

laticsforlife

Where does one find the Thomson Data Subject Access Request Form they refer to in their Privacy Policy?

I want to ask for my data to assist my own defence.

laticsforlife

OK that'll do just fine

sjo2015

Got a court date for June 17th .

TUI legal just called and settled tried offering a lower amount first which I refused. Got there in the end!

Stick with it people!

dxc_chappie

Hi all, I put in a claim with Thomson for a delayed flight in August 2007 - initially I received 4 letters with the usual 2 year rubbish.

Started my court claim and have now received their defence: 2 years as per Montreal Convention and extraordinary circumstances from a problem with an engine.

As part of their Montreal defence they accuse me of abusing the court process by submitting my claim:
"... No such action was brought within that 2 year period (this action having been issued on xx/xx/xxxx). Accordingly, the current proceedings fail to disclose a reasonable cause of action and/or are an abuse of the court's process."

Go figure!

Vauban

sjo2015 wrote: »

Got a court date for June 17th .

TUI legal just called and settled tried offering a lower amount first which I refused. Got there in the end!

Stick with it people!

Another success through Court action! Well done. They're starting to come in now ...

markavo1

Just received the standard defence that I have seen on this forum on numerous times. Did anybody send a reply to defence along with the allocation questionnaire?

Vauban

markavo1 wrote: »

Just received the standard defence that I have seen on this forum on numerous times. Did anybody send a reply to defence along with the allocation questionnaire?

You are getting ahead of yourself! You send off the allocation questionnaire and wait for a court date. Then you are invited to send in your bundle, including the witness statement responding to their preliminary defence.