Flight delay and cancellation compensation, Tui/Thomson ONLY

davidbrian55

Vauban wrote: »

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.

for what it costs I'd take it to court and let the judge decide on the day. If an illness is extraordinary circumstances thompson will be telling us all that one of the staff on whatever flight had a cold and therefore the delay wasn't their fault!

My allocation has come back from thompson, and they're willing to mediate!

bec84

Firstly, apologies if this has already been asked, I am really struggling to make sense of it all!
Having re-read my compensation rejection letter from thomson today I have noticed a contradiction.
In one paragraph they state
"the delay was the result of your aircraft experiencing a technical issue with the decompression whilst it was operating it's previous sector. This meant when your aircraft landed in LGW this fault need to be rectified and subsequently delayed your flight. In this instance as the root cause of your delay was due to a technical defect that occurred in flight which is not something that could have been foreseen or prevented, this would be classed as extraordinary circumstances and compensation is not due"
Then they quote a couple of cases - Nelson v Lufthansa etc. Then they go on to say
"In case of your flight, the cause of the delay was in reaction to a delay to another aircraft caused by an 'unexpected flight safety shortcoming' arising midflight"

So I'm confuses. Was it our plane that had a technical issue causing our delay or was it another aircraft that had a technical issue and we were the knock on effect?

Am i right in thinking we can still continue with our claim based on that technical issues are not extra ordinary circumstances?
If so am I right in thinking to do a NBA letter to thomson?

TIA and sorry for frustrating anyone who has already answered these questions elsewhere!
x

bec84

Thank you very much Centipede100. Am on the case of an NBA as we speak!

bec84

Sorry another quick one!
Can anyone recommend a company to deal with claim should it go to court? I'm not confident in doing by myself!

davidbrian55

bec84 wrote: »

Sorry another quick one!
Can anyone recommend a company to deal with claim should it go to court? I'm not confident in doing by myself!

if you can manage to trawl through the pages on here you'll find enough info to do it yourself! Google (other search engines are available, some that pay uk taxes!) court procedure and go for it. Successes are coming through now that court action has commenced and thompson so far seem to be losing. It's honestly not that difficult so why give 25% away?

Good luck whichever way you go though.

tightasarats

Good evening,

I know this is going to potentially sound a bit cheeky/lazy, but I am really struggling with the statement part of my MCOL. I am using a template Centipede100 helpfully posted, but my situation is slightly different in so far as I have only received the 2 year rejection, so no EC's have been mentioned. I am struggling on the character front and would really appreciate any ideas in how to re-word the following sentence?

Despite writing to Monarch on xx occasions since this event, they have declined to provide an adequate defence under EC 261/2004 Article 5.3, simply stating that the aircraft developed a technical problem and therefore the flight had to be delayed as spare parts had to be sent from the UK. Since technical problems have been found by the ECJ not to provide a valid defence under European precedent case law then I contend that my claim should be allowed.

Thanks in advance if someone is able to offer some advice

LULU5779

Submitted my MCOL today and I was just wondering about the time frames. And what is everyone’s experience.

Does Thomson always respond in the 14 days acknowledgment time?

How long after their response are you notified?

Do they file their defence within the 28 days?

How long after their defence is filed do you received a copy?

If you have been offered a settlement before the hearing, how close to the hearing did they offer this?

I am slightly nervous, like many on here I was stuck with the two year time limit so don’t know what their actual defence will be until after I receive it.

peteping

We were delayed on a return flight from the Maldives on 28 March 2012 for 12 hours due to mechanical failure. We had to return to Male International as an emergency landing I have photographs of the fuel being dumped from the plane as proof that I was on the flight, however I do not have flight numbers, proof of tickets as I booked it through a travel agent.
Has anyone received compensation without providing flight numbers and proof of tickets?

Camaro3

peteping wrote: »

We were delayed on a return flight from the Maldives on 28 March 2012 for 12 hours due to mechanical failure. We had to return to Male International as an emergency landing I have photographs of the fuel being dumped from the plane as proof that I was on the flight, however I do not have flight numbers, proof of tickets as I booked it through a travel agent.
Has anyone received compensation without providing flight numbers and proof of tickets?

Phone or pop into your Travel Agent, they should still have your details after14 months, and should be able to print a copy off fro you. If not, send a Subject Access Request to Thomson along with a cheque for £10 to their Luton address. That should get you a copy of your booking.

correia123

good afternoon, i had a nine hour delay with thomson in tunisia this year(january) due to a fault with the planes engine coolers. i was refused compensation when i spoke to them in march. should i be entitled to something back?