Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

correia123 wrote: »

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?

Yes sounds as though you are entitled. Look through the FAQ's on page one where almost every question you could have is answered. If you need clarification on anything post again

Sstaggy1

I have received another letter back from Thomson stating my claim from 2009 is outside of the time limit. Having only received a holding response from the CAA, stating it will take 3 months for them to get back to me I have today sent a notice of court action letter to Thomson.

It is only the advice from various people on this forum that has given me the confidence to take this step, and I totally agree that all users should report their successes (and any failures) to encourage others to take action.

Many thanks, and I will update the forum as appropriate.

davidbrian55

LULU5779 wrote: »

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.

they do respond, as close to the time as possible. You can follow it online though. Their defence comes shortly afterwards. Stick with it though, there's loads of support on here!

Lexy_D

Hi,

I have read the FAQs and all 69 pages of posts. I hope I have not missed anything that corresponds with what I am asking in my post :-)

I have started a claim of 2000 Euros on behalf of my son and his family. 5 passenger's altogether, two adults and three children.

The 3 page reply from Thomson consists of stating 'Extraordinary Circumstances' plus the usual waffle apart from the following three paragraphs concerning their flight. (Condensed versions)

1) Checked the Flight Log, Pre Flight Checks carried out, no concerns detected, however,when aircraft commenced its journey fault became apparent and resulted in aircraft returning to stand.

QUOTE Nelson v Lufthansa,

2) In case of your flight, cause of delay was 'unexpected flight safety shortcoming arising after aircraft left stand from discovery of technical defect that doesn't fall into category of something that ought to have been discovered during routine maintenance.

QUOTE Walletin-Hermann v Alitalia.

3) Issue that affected your aircraft, technical problem while aircraft was in-flight. Defect not something that either ought to have been detected during 'routine maintenance'. The failure in-flight was entirely unexpected therefore, circumstances are not of kind that would fall outside definition of 'Extraordinary Circumstances'. Compensation is therefore not payable..

I have spoken to my son and he has reassured me that at no point during the 9hr delay, did any passenger board the aircraft. In this case, how could the 'failure in-flight' have occurred 'in-flight' when the plane did not take off in the first place? They were also told during their delay that 'no pilot was available'... Thomson have also mentioned 'Technical Problem/Defect, twice in the 3 paragraphs.

Are they just trying to 'fob me off', as much as they have with many other posters on here?

Any comments, advice would be very much appreciated.

Many thanks for reading this long post :-)

Lexy

RM2013

I have written to Thomson re my claim giving 14 days to respond, no reply after the 14 days,.
Have given 14 days NBA and still no reply. Both letters sent by special delivery, so received and signed for.
Has anyone else been totally ignored like this.
My original post was #963

romanby1

RM2013 wrote: »

I have written to Thomson re my claim giving 14 days to respond, no reply after the 14 days,.
Have given 14 days NBA and still no reply. Both letters sent by special delivery, so received and signed for.
Has anyone else been totally ignored like this.
My original post was #963

Tou are in the position I was in 5 months ago they will not respond to letters etc.
When the NBA 14 days are up send the forms to the small claims Court to start the action if you think you have a good case. They will respond with a load of rubbish as a defence in my case Montreal Convention. If you have the time it is not difficult to read and digest the various cases referred to the European Court. Read the Sticky posts at the top section of this forum

davidbrian55

RM2013 wrote: »

I have written to Thomson re my claim giving 14 days to respond, no reply after the 14 days,.
Have given 14 days NBA and still no reply. Both letters sent by special delivery, so received and signed for.
Has anyone else been totally ignored like this.
My original post was #963

yes, most people are ignored. I was. So money claim online asap! There are a number of successes coming through now so be confident and pick brains on here after you've trawled though many of the frequently asked questions. Good luck and go for it!

Mark2spark

Lexy_D wrote: »

Hi,

I have read the FAQs and all 69 pages of posts. I hope I have not missed anything that corresponds with what I am asking in my post :-)

I have started a claim of 2000 Euros on behalf of my son and his family. 5 passenger's altogether, two adults and three children.

The 3 page reply from Thomson consists of stating 'Extraordinary Circumstances' plus the usual waffle apart from the following three paragraphs concerning their flight. (Condensed versions)

1) Checked the Flight Log, Pre Flight Checks carried out, no concerns detected, however,when aircraft commenced its journey fault became apparent and resulted in aircraft returning to stand.

QUOTE Nelson v Lufthansa,

2) In case of your flight, cause of delay was 'unexpected flight safety shortcoming arising after aircraft left stand from discovery of technical defect that doesn't fall into category of something that ought to have been discovered during routine maintenance.

QUOTE Walletin-Hermann v Alitalia.

3) Issue that affected your aircraft, technical problem while aircraft was in-flight. Defect not something that either ought to have been detected during 'routine maintenance'. The failure in-flight was entirely unexpected therefore, circumstances are not of kind that would fall outside definition of 'Extraordinary Circumstances'. Compensation is therefore not payable..

I have spoken to my son and he has reassured me that at no point during the 9hr delay, did any passenger board the aircraft. In this case, how could the 'failure in-flight' have occurred 'in-flight' when the plane did not take off in the first place? They were also told during their delay that 'no pilot was available'... Thomson have also mentioned 'Technical Problem/Defect, twice in the 3 paragraphs.

Are they just trying to 'fob me off', as much as they have with many other posters on here?

Any comments, advice would be very much appreciated.

Many thanks for reading this long post :-)

Lexy

They don't have a clue do they?
NBA and court is the only language. Don't engage with them other than stating obvious things. The court will want to see that you have reasonably tried to come to a conclusion before court, well what else can you do if they start citing events that didn't happen?

deb.p123

I have drafted a NBA and think I have put in all I need. Can anyone in the know let me have any comments (I won`t be offended I need all the help I can get as never done anything like this before):eek:
Reference: Compensation claim for cancelled flight.
Booking Reference: TOM137
I completed and posted my claim form on 18th February2013 and have waited well over the 56 days you state it takes to process such aclaim.
As I have not even had the courtesy of a response, it isapparent that court action may be necessary, I write in compliance with thePractice Direction on Pre-Action Conduct.

I claimcompensation for myself, and my partner under Article 7 of EC261/2004, pursuant to the Sturgeon judgment in the ECJ (Case C-402/07 of 19 November2009), which provides for €600 per passenger to be paid in the followingcircumstances.

These were that Thomson delayed my flight from Montego Bay, Jamaicato Manchesteron 18th September 2011 and did not return me until 20th September 2011 a delayof some 24 hours.
I can confirm that I would be agreeable to mediation andwould consider any other system of Alternative Dispute Resolution (ADR) inorder to avoid the need for this matter to be resolved by the courts. Iwould invite you to put forward any proposals in this regard.
In closing, I would draw your attention to section II (4)of the Practice Direction which gives the courts the power to impose sanctionson the parties if they fail to comply with the direction including failing torespond to this letter before claim.
I look forward to hearing from you within the next 21days.
If you don't agree with my request for compensation,could you please then send me a detailed response saying why you don't agree. I look forward to hearing from you.

thegoldsmiths

Hi Deb,

You should remove your email address & any other personal information. Better to be safe than sorry!:)