Flight delay and cancellation compensation, Tui/Thomson ONLY

WILLIAM4023

stavros42 wrote: »

You are taking the airline only to court ie Thomson Airways Ltd.

Thanks
Left this a bit late, the issue is that I am now at the stage where a court is to be appointed - Thomas Airways have not responded, but TUI are going to defend.
Any advice would be appreciated.

Vauban

WILLIAM4023 wrote: »

Thanks
Left this a bit late, the issue is that I am now at the stage where a court is to be appointed - Thomas Airways have not responded, but TUI are going to defend.
Any advice would be appreciated.

You might as well see what their defence is. If it is that you have sued the wrong party (as you have) then - as Blondmark helpfully explains in another post - you can apply to have your action transferred.

bane99

hi all,

Well over a month ago i wrote to Thomson using the template provided on here. My flight was delayed over four hours..

I received a letter straight back saying they are extremely busy and will try to respond within 28 days but have heard nothing since.

What do you advise is the next step to take?

Thanks for the help

romanby1

bane99 wrote: »

hi all,

Well over a month ago i wrote to Thomson using the template provided on here. My flight was delayed over four hours..

I received a letter straight back saying they are extremely busy and will try to respond within 28 days but have heard nothing since.

What do you advise is the next step to take?

Thanks for the help

Standard delaying tactics. Write once again with a copy of your letter giving either 7 or 14 days to reply with a sensible answer, not ECs or other stupid excuses or you will be off to the Small Claims Court. let them know you are aware of your rights under the regulation.

jenn1ewest1

In need of a little advice on what to do next
I have received thomsons defence and I have returned the allocations questionaire along with the fees.Please can someone tell me when I need to present my defense to thomsons do I wait for it to go to court or do I need to present my defense beforehand all advice would be much appreciated
JH

Mark2spark

Jayneygirl64 wrote: »

I was only asking!!!

The trouble is, is it's you and a 1000 others.
That's why no-one can find stuff anymore, stuff that's been said and explained dozens and dozens of times.

Collectively between a few regulars, a lot of time and effort has gone into composing the FAQ's (it's a sticky) yet some people don't even give it lip service.

Mark2spark

bane99 wrote: »

hi all,

Well over a month ago i wrote to Thomson using the template provided on here. My flight was delayed over four hours..

I received a letter straight back saying they are extremely busy and will try to respond within 28 days but have heard nothing since.

What do you advise is the next step to take?

Thanks for the help

Copied and pasted from earlier replies I've made:

Your next step is to write back and state that they have not provided any proof of extraordinary circumstances (don't use the word 'exceptional' ), and that their failure to reply leaves you no alternative but to put them on notice that you will be at liberty to commence court action against them to recover this debt without giving them any further notice, if they fail to settle your claim within 14 days.
And then commence court action in 14 days time.

If you're not prepared to go to court then either instruct a no win no fee firm or walk away now.

111KAB

jenn1ewest1 wrote: »

In need of a little advice on what to do next
I have received thomsons defence and I have returned the allocations questionaire along with the fees.Please can someone tell me when I need to present my defense to thomsons do I wait for it to go to court or do I need to present my defense beforehand all advice would be much appreciated
JH

You will get a date from the Court for your hearing which will probably say something along the lines of file (ie send to the court) and serve (ie send to the airline) your statement 14 days prior to the hearing date.

rajivsingh100

romanby1 wrote: »

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.

Can I ask- do we need to serve them the papers(I thought the court would do this!) and alos whether you just ask for the 600 euros or also 2 years worth of interest. they have delyaed us with letters for over 2 yrs and i feel right p**ed off!

laticsforlife

If you (likeI) have no boarding passes or good evidence of being on your flight, this might come in handy;

Ask Tui for a FOI request (or a Data Subject Access request). The way this is happening for me is I wrote a letter asking for my details for my delayed flight, and they then sent me a blank Data Subject Access form to fill in, and to send them a cheque for £10 for the privilege.

All well and good you say, but how does that prove I was on the flight; well one of the questions the form asks is "did you complete a Customer Service Questionnaire on the flight". Now my missus ALWAYS fills these in, (I can't be bothered!).

But of course they must log these and they are part of the data they hold and therefore must provide, and they prove you were on the flight.

My only concern is we cannot remember if they did provide the forms, as the 9hr delay kind-of asked for trouble in doing so, I can only hope they did and we put enough detail on it to identify us.

Anyhow this also lets you know that if you want a FOI request, then it will take longer than you think as they will have to send you the template form, and then you send it back with the £10 and they then have 40 days to respond.