Flight delay and cancellation compensation, Tui/Thomson ONLY

mboo29

Well looks like I'll be off to court - Thomson have replied to my claim and they intend to defend. Wish me luck!

Speedio

My family and I were delayed 11hrs on a flight from Majorca. Today I have my reply from Thomson" The Euro Court of Justice has confirmed that,as the regs dosent say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to be with International Carriage by air are subject to the frame work of the Montreal Convention which provides that claims need to be brought within 2 years. We (thomson) can`t consider claims for flights that were delayed more than 2 years ago?? Where do I go next ??

111KAB

Speedio wrote: »

My family and I were delayed 11hrs on a flight from Majorca. Today I have my reply from Thomson" The Euro Court of Justice has confirmed that,as the regs dosent say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to be with International Carriage by air are subject to the frame work of the Montreal Convention which provides that claims need to be brought within 2 years. We (thomson) can`t consider claims for flights that were delayed more than 2 years ago?? Where do I go next ??

Load of BS. Read the FAQ's - 6 years not 2.

tonxy22

111KAB wrote: »

Sorry to disagree but a technical fault is not an extraordinary circumstance and is therefore not a grey area. I'm afraid it looks like you will have to submit your own court claim, use a no win no fee firm or forget it.

Do you think everyone should use a no win no fee firm??

Im a little disconcerted about the thought of going to court via MCOL/ small claims court - I know thats what Thomson want...what if they didn't find in our favour??

spaceaarvark

tonxy22 wrote: »

Do you think everyone should use a no win no fee firm??

Im a little disconcerted about the thought of going to court via MCOL/ small claims court - I know thats what Thomson want...what if they didn't find in our favour??

1. It's all in the punctuation! 111KAB was saying EITHER submit your own court claim OR use a no win no fee firm OR forget it.

2. Not sure why you think Thomson want anyone to go to court via MCOL/ small claims court; I think Thomson would prefer everyone to just give up at the first rejection.

3. If the court doesn't find in your favour you would lose your fees. If that is a worry to you, then perhaps no win no fee would be the better option.

tonxy22

spaceaarvark wrote: »

1. It's all in the punctuation! 111KAB was saying EITHER submit your own court claim OR use a no win no fee firm OR forget it.

2. Not sure why you think Thomson want anyone to go to court via MCOL/ small claims court; I think Thomson would prefer everyone to just give up at the first rejection.

3. If the court doesn't find in your favour you would lose your fees. If that is a worry to you, then perhaps no win no fee would be the better option.

So who pays their fees if they win - surely I would have to cover that if they find in their favour???

111KAB

tonxy22 wrote: »

So who pays their fees if they win - surely I would have to cover that if they find in their favour???

Suggest you read through the various posts - this question has been answered on a number of occasions already

tonxy22

111KAB wrote: »

Suggest you read through the various posts - this question has been answered on a number of occasions already

Oh yeah - read your earlier posts!

I've issued my MCOL against Thomson Airways Ltd correctly this time so fingers crossed!

rajivsingh100

Just filed for mcol today.
this is what i put in the space limited box. presuambly the next stage is to hear thomson defence. I was bit cnfused by the "Will you submit particulars to defendent" do i have to send stuff to thomson or will the court surely do that?

I am claiming compensation under Article 7 of
EC 261/2004 pursuant to the Sturgeon
judgement in the ECJ (Case C-402/07 of 19 Nov
2009)that provides for EUR600 per passenger.
We, xxx and xxxx were
delayed by 25 hours on xxxx from
Manchester to Maldives(TOM188) as our plane
was diverted to another flight route.
Despite writing to Thomson four times, they
have declined to provide an adequate defence
under EC 261/2004 Article 5.3, initially
stating that they pay no compensation at all
and then stating that our plane diversion is
an “extraordinary circumstance”. Since
knock-on effects are not viewed as
“extraordinary circumstances” we make this
claim plus interest as they have denied our
reasonable claim for more than 2 years.

does this sound ok to experts here?
I wouldnt have done this without the encouragement, advice and support of people here. However it ends up, thank you to you all.

romanby1

rajivsingh100 wrote: »

Just filed for mcol today.
this is what i put in the space limited box. presuambly the next stage is to hear thomson defence. I was bit cnfused by the "Will you submit particulars to defendent" do i have to send stuff to thomson or will the court surely do that?

I am claiming compensation under Article 7 of
EC 261/2004 pursuant to the Sturgeon
judgement in the ECJ (Case C-402/07 of 19 Nov
2009)that provides for EUR600 per passenger.
We, xxx and xxxx were
delayed by 25 hours on xxxx from
Manchester to Maldives(TOM188) as our plane
was diverted to another flight route.
Despite writing to Thomson four times, they
have declined to provide an adequate defence
under EC 261/2004 Article 5.3, initially
stating that they pay no compensation at all
and then stating that our plane diversion is
an “extraordinary circumstance”. Since
knock-on effects are not viewed as
“extraordinary circumstances” we make this
claim plus interest as they have denied our
reasonable claim for more than 2 years.

does this sound ok to experts here?
I wouldnt have done this without the encouragement, advice and support of people here. However it ends up, thank you to you all.

Our experience on TOM 188 2 &1/2 years ago was almost identical , but our delay was only 6&1/2 hours.
We started a claim in February in the the Small Claims Court Fast Track and they settled out of court last week and the money was in our bank account last Friday.
They were reluctant to pay immediately but we insisted we would not stop proceedings unless we were paid within 7 days as we were near to the date of sending the cheque and statements to the court.