Flight delay and cancellation compensation, Tui/Thomson ONLY

blondmark

A_Flock_Of_Sheep wrote: »

Another thing. The AQ had no space on it to ask for information from Thomson. I thought there was a box on the form for doing that. It was a form N180 Directions Questionnaire

Where further information from the other side would help narrow or clarify issues in dispute, you are entitled to make a request for further information under Practice Direction 18 HERE

This nonsense from cowboy airlines that claim that they are not obliged to disclose internal matters where those matters constitute the basis of their defence is utterly ridiculous and should be reported to the judge at the Hearing. The Civil Procedure Rules require the parties to cooperate fully with each other in the provision of information by disclosing all matters that relate to the claim, both helpful and harmful to their case, so the court may come to a fair and just determination on all the facts.

Judges have powers to penalise a party in costs where there is a refusal to disclose information relevant to the claim, whether or not it is internal.

doz123

Re:flight TOM 136 on 8thFebruary 2009 from Dabolim Goa to Manchester delayed 24hours.

Thomson still stating 2 years, i wrote telling them it is 6 years and they have answered with this, section of letter received.

"Just to give you further information regarding our position, we are acting on the basis of expert legal advice provided by a pre-eminent aviation law QC who has advised us claims relating to delay, whether under EU regulation or otherwise, must be brought within 2 years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit and we are, therefore, confident that we are adopting the correct legal position."

Where do I stand on this.

111KAB

doz123 wrote: »

Where do I stand on this.

Off to Court I'm afraid as they are 100% incorrect.

RM2013

Are there any other web sites other than 'Flight Stats' which gives an accurate record of departure/arrival times.
I intent to pursue a claim for a 3hr delay (seems insignificant to others on this forum), however, I was also bumped from Premium Economy on my return flight, so not happy with treatment received.
Flight Stats show 180 min delay exactly, the reason I am asking, Thomson could claim it was less, therefore no claim.

Flight TOM 796 Birmingham to Montego Bay 5th April 2013.

Any advice.

romanby1

111KAB wrote: »

Off to Court I'm afraid as they are 100% incorrect.

Section 9 of The Limitation Act 1980 is the relevant legislation Google it.
The time limit for actions for sums recoverable by statute is 6 years in England and I also think N Ireland and Wales.
They along with other Airlines are getting desparate to put claimants off by using to be polite rubbish statements.

Bonters

Well, I must say, I have been gobsmacked today. I referred my case to EUClaim and have waited weeks for them to take it up. I have reported previously that Thomson have already admitted that my 9 hour delay was as a result of 'knock-on' effects of bad weather, albeit there was no such weather at East Midlands on the day in question and a number of other flights departed and landed on time and without problem. EUClaim have advised me that it DOES qualify as extraordinary Circs and will not be taking my case any further! I have now asked them to quantify but they seem to just accept that there was weather disruption and hence I do not have a claim. This seems to be in direct conflict with everything I have read on this website? But how can I now progress it myself in the face of their advice? And would it be disclosable that such a company have already advised me that I do not have grounds?

111KAB

RM2013 wrote: »

Are there any other web sites other than 'Flight Stats' which gives an accurate record of departure/arrival times.
I intent to pursue a claim for a 3hr delay (seems insignificant to others on this forum), however, I was also bumped from Premium Economy on my return flight, so not happy with treatment received.
Flight Stats show 180 min delay exactly, the reason I am asking, Thomson could claim it was less, therefore no claim.
Flight TOM 796 Birmingham to Montego Bay 5th April 2013.
Any advice.

Not got a lot further than you at the moment but some of the following may be of help in your research. It appears you flew on First Choice Boeing G-OOBM a 767/763 and the flight recorded time is shown as 11.41 hours (in the air). I am unsure if I can find out anymore but MBJ ATC may be more helpful on actual arrival time if you just make a general query.

adieandema

So i finally got home after a 18 hour delay with Thomsons, we were given a letter stating this was an electrical tech fault so i plan to claim, totally bamboozled though with all the info! Do i send the template letter to email or post and which is the best address please?

Tresh

blondmark wrote: »

Where further information from the other side would help narrow or clarify issues in dispute, you are entitled to make a request for further information under Practice Direction 18 HERE

This nonsense from cowboy airlines that claim that they are not obliged to disclose internal matters where those matters constitute the basis of their defence is utterly ridiculous and should be reported to the judge at the Hearing. The Civil Procedure Rules require the parties to cooperate fully with each other in the provision of information by disclosing all matters that relate to the claim, both helpful and harmful to their case, so the court may come to a fair and just determination on all the facts.

Judges have powers to penalise a party in costs where there is a refusal to disclose information relevant to the claim, whether or not it is internal.

CPR Part 18 does not apply to the Small Claims Track. The Court can make and order of its own initiative however (CPR 27.2(f)). A letter to the Court may of course prompt it into using its initiative, but no formal request can be made by any party to the proceedings.

mizzlipzz

Hi guys update on my claim.. I emailed thompsons yesterday basically saying the 56days were up and I intend to pass my claim on to my solicitor & proceed with court action.. There reply was... Thanks for your further email, in sorry that you're still awaiting a response from the team with regards to your claim, I've checked with the team and they have sent a response to your claim yesterday. This can take a few days to be approved and sent to you so you should receive this soon. Anybody had out like this in not sure what they mean by it being approved? Or is this just another way to try get more time do U think?