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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    edited 22 May 2013 at 10:39AM
    Thanks for your reply, thats correct. The claim for my particular circumstances which I have sent to Thomson is for 1200 euros as there were 2 passengers travelling.

    Would I also be able to claim for interest and what is the best way to present this as well as calculating?

    Have a look at the "Taking the Airlines to Court" thread, which has some useful links. See here: https://forums.moneysavingexpert.com/discussion/4507307

    ps It is simply absurd to say that, because at some point one of their airplanes went tech and therefore that the fleet was short overall, that this is extraordinary circumstances. The only thing extraordinary about it is that the airline has the chutzpah to refuse the compensation - and apologise to boot! Disgraceful, in my view.
  • Great info provided as always!

    Thanks once again and I will update you all on progress.
  • laticsforlife
    laticsforlife Posts: 1,313 Forumite
    Part of the Furniture 1,000 Posts
    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!
    :beer::beer:

    sjo2015 - do you mean they settled the full amount including the £80 Court fee, and interest?

    And just for info, how long before the 17th June did you send in your initial MCOL, just so I can figure how long it will be for my Court appointed date.
    I didn't do it, nobody saw me do it, you can't prove a thing! ;)
    Quidco and Topcashback, £4,569
    Shopandscan, £2,840
    Tesco Double The Difference, £2,700
    Thomson EU261/04 Claim, £1,700
    British Airways EU261/04 Claim, EUR1200
  • trevmass
    trevmass Posts: 5 Forumite
    this is the reply i have just had,what do you all think.
    this is just part of it'


    your aircraft was delayed due to a routine engine change that experienced complications.the complications that arose were not to do with the scheduled engine change and required further investigation and spares in order for this to be rectified.
    this was not due to poor maintenance or something that could have been foreseeable.
    therefor the cause of this delay sits under extraorinary circumstances.
  • sjo2015
    sjo2015 Posts: 9 Forumite
    :beer::beer:

    sjo2015 - do you mean they settled the full amount including the £80 Court fee, and interest?

    And just for info, how long before the 17th June did you send in your initial MCOL, just so I can figure how long it will be for my Court appointed date.


    I agreed to settle at full amount plus court fee, I was prepared to forgo the interest as at the end of the day the 1200 euros was all I wanted. I know perhaps some people wouldn't have been happy with that but it saved the hassle of putting court papers and case together and there is always a chance I could have lost. They tried offering £800 at first which I refused.

    I started MCOL the end of Feb but I guess the time to a hearing date depends on the court, mine was Leeds
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    trevmass wrote: »
    this is the reply i have just had,what do you all think.
    this is just part of it'


    your aircraft was delayed due to a routine engine change that experienced complications.the complications that arose were not to do with the scheduled engine change and required further investigation and spares in order for this to be rectified.
    this was not due to poor maintenance or something that could have been foreseeable.
    therefor the cause of this delay sits under extraorinary circumstances.

    "Therefore" my @rse. Are Thomson now making up European law? It certainly sounds like it. Take them to court and bring the embarrassing charade to a conclusion!
  • markavo1
    markavo1 Posts: 43 Forumite
    Vauban wrote: »
    "Therefore" my @rse. Are Thomson now making up European law? It certainly sounds like it. Take them to court and bring the embarrassing charade to a conclusion!

    I've said it before but as the successes are now coming through, I think its very important for those that are successful to report the whole thing to the CAA. Although the CAA can't force airlines to pay compensation, they can fine them for failing to comply with the regulations. Clearly, with Thomson's stance of point blankly refusing every claim until the 12th hour, the CAA need to start using their powers!
  • Reue
    Reue Posts: 569 Forumite
    We've just had the response come through from the CAA and it's not good news.

    Apparently, as our pilot was unexpectedly ill on the day of our flight it was considered an extraordinary circumstance and no compensation due.. even though the airline had no stand-by pilot avaliable and one had to be flown across from the UK resulting in a delay of 16 hours :(
  • Reue
    Reue Posts: 569 Forumite
    Tosh!

    Can any illness be described as expected in that case?!!

    While I agree with you, I dont rate my chances in court when Thomson produce the CAA's letter.

    Although not legally binding, i doubt theres many judges who would disregard it.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Reue wrote: »
    While I agree with you, I dont rate my chances in court when Thomson produce the CAA's letter.

    Although not legally binding, i doubt theres many judges who would disregard it.

    Except the CAA are not legal experts. Their role is to verify the circumstances of the delay, not the legality of it. I think it makes it harder for you in court, but far from impossible.

    Tells you everything you need to know about the CAA, though.
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