Flight delay and cancellation compensation, Tui/Thomson ONLY

delvey

After filing via MCOL on thursday I have received a letter from Thomson today.
Basically they are saying that the aircraft was damaged by a third party handling agent, thus extraordinary circumstances. Any thoughts? Will post the whole letter later if anyone is I interested

Vauban

spaceaarvark wrote: »

Got my offer letter from Mr Moran this morning - 4 weeks before the planned court date.

My claim was for £444 compensation plus £144 interest plus £60 costs.

They are offering £425 plus £60 (interestingly, the £425 is described as "damages" - they can't seem to get hold of the difference between compensation and damages).

Having seen that they are prepared to offer the full amount to some people, I shall be on the 'phone to them on Monday!

I suspect the difference in 425 and 444 is which exchange rates are being used. So essentially they'll settle if they don't have to pay the interest.

Given that they would not offer you this is they thought they had a reasonable chance of defending, I think you can be confident about settling on your terms, not theirs.

Ask them for an apology too - and for an admission that they are paying you your statutory compensation under Regulation 261/04! Damages indeed - such weasels!

jenn1ewest1

spaceaarvark wrote: »

Got my offer letter from Mr Moran this morning - 4 weeks before the planned court date.

My claim was for £444 compensation plus £144 interest plus £60 costs.

They are offering £425 plus £60 (interestingly, the £425 is described as "damages" - they can't seem to get hold of the difference between compensation and damages).

Having seen that they are prepared to offer the full amount to some people, I shall be on the 'phone to them on Monday!

well done great to see them all starting to pour in now.Let us :T:beer:allknow how you get on with Mr Moran on monday,Mine is not too far behind yours I have sent in my allocation questionaire end of may and I am awaiting my court date now so its really good to hear all your success stories.I have formally requested that they give me a proper explanation as to the problem with the engine in order for me to prepare my case for the courts so not sure whether i will actually get a reply but hopefully it will help my case if we get to go before the judge
JH

Mark2spark

More and more confirmation that initiating court action is (almost) the only way to get payment.

Mark2spark

delvey wrote: »

After filing via MCOL on thursday I have received a letter from Thomson today.
Basically they are saying that the aircraft was damaged by a third party handling agent, thus extraordinary circumstances. Any thoughts? Will post the whole letter later if anyone is I interested

Not EC's.
Court has detailed this.
The airline has a claim against the third party but that's of no concern of you.
Flight was delayed, not EC, so prep your case using the relevant parts of the Wallentin and Sturgeon rulings.

delvey

Mark2spark wrote: »

Not EC's.
Court has detailed this.
The airline has a claim against the third party but that's of no concern of you.
Flight was delayed, not EC, so prep your case using the relevant parts of the Wallentin and Sturgeon rulings.

Is extraordinary circumstances?
And my thoughts exactly in regards to Thomson claiming off 3rd party

Mark2spark

EC = Extraordinary Circumstances.

Which in your scenario, it isn't EC.

JBoyd

Just wondering if anybody has got any successful information about claims companies that will act on your behalf?

Having received the standard "extraordinary circumstances" explanation from Thomson about the previous flight which had a knock on effect to my flight, I'm not sure I have the skills, knowledge or time to peruse the claim myself. Therefore if anybody can advise I would be most grateful.

Many thanks in advance.

J. Boyd

Basingstoke_Betty

A_Flock_Of_Sheep wrote: »

jenn,

They ticked no to mediation on my form and also the same number of people. Mr Moran - the bloke who signed the form plus two others. Will be an expensive game for them to come all the way up here from Luton especially as my claim is in the low hundreds. Would be cheaper for them to just pay up.

Even if I lose I know I can go smugly away knowing it has caused them hassle and more importantly expense more than the cost of what is claimed.

This made me giggle - I feel exactly the same way - except my claim is quite big!

Enom

Hello all!

I've been trying to follow as much of this thread as I can but it is quite difficult given the quantity of posts, so please forgive me in advance for asking questions that may have been asked previously.

My flight was from Malaga to London Gatwick which was delayed for 9 hours in Aug 2007, I had originally complained back then but was advised to consult my insurance company which I didn't have and so left it until I discovered about this scheme.

I have sent my initial tmplate letter to Thomson / First Choice on 8th May 2013 requesting a response within 14 days with my original booking email with reference, I received a response from them on 14th May 2013 advising it will likely take over 28 days to reply back to me and to stand by for their reply, on the 24th May 2013 I sent a letter back advising the time scale to be unacceptable but will be prepared to wait up to 28 days as they provided but no later than 5th June 2013. I received no response and so I sent the Air Passenger Rights EU Complaint Form to both Thomson and also to Ministerio de Fomento in Madrid on 6th June 2013. To date, I have heard nothing from either party.

I want to confirm that the process I have followed so far is correct?

I understand that because this flight was departing from Malaga, I had to refer my complaint to Madrid and not the CAA, is this right?

Should I continue to hear nothing from either party, would I have to take action in the UK or in Spain? Having slight experience with the Spanish courts, I really wouldn't be too keen going that route!

I appreciate your assistance in advance!

Thanks,