Flight delay and cancellation compensation, Tui/Thomson ONLY

jenn1ewest1

Basingstoke_Betty wrote: »

Yes, it does seem so random - I'm happy to talk to them via mediation, I am happy to explain for one last time how they really don't have a leg to stand on and I would happily settle for the compensation and interest/court fees rather than going to the hassle of court. I can't decide whether it is a good or bad thing that they are happy to go to mediation! Good luck with your prep work! PS - who is your named Tomsons person? Mine has very bad handwriting but appears to be Claire Welbourn.

I have Tony Moran who does seem to be ok to be fair to him and and has settled without too much hassle with the last few wins
JH

happychap7

Hi
Just waiting one more day until Thomsons 14 days are up after sending them by LBA and I will finish the MCOL procedure. Just out of interest if Thomsons ask for me to prove all the named passengers were on the flight and it was delayed do I need to get my family (including my parents who were on the flights) to do witness statements and then attend any court hearing. I have other documents that on the balance of probabilities will no doubt convince a judge we were on the flight but obviously I want to make sure !

nigelpm

romanby1 wrote: »

Unless the court papers suggest otherwise I would address the papers to the Legal Dept at Wigmore House. They definitely dealt with our successful claim.

I think the points raised on this board have shown that it probably doesn't matter. Thomson will try any tactic to delay/hinder claims but the court will see through them.

Mrsrestore

After pursuing our claim in the ways suggested we got the standard Thomson 2 year so out of time knock back (our flight was from Goa to Manchester delayed 10 hours + in 2010 due to member of staff not sticking to the visa regulations and hence not enough flight crew!!!). Went to CAA, still awaiting response so have decided to pursue the claim through the courts - this cost standard £70.00. Thomson have supplied acknowledgement of service and "intend to defend all of the claim". Has anyone else reached this point or beyond ie had a court appearance??? or am I trailblazing for the little people???

darkwarrior

Mrsrestore wrote: »

After pursuing our claim in the ways suggested we got the standard Thomson 2 year so out of time knock back (our flight was from Goa to Manchester delayed 10 hours + in 2010 due to member of staff not sticking to the visa regulations and hence not enough flight crew!!!). Went to CAA, still awaiting response so have decided to pursue the claim through the courts - this cost standard £70.00. Thomson have supplied acknowledgement of service and "intend to defend all of the claim". Has anyone else reached this point or beyond ie had a court appearance??? or am I trailblazing for the little people???

I'm at the same stage as yourself, received the letter saying they intend to defend all the claim, they have 28 days to respond now.

bazaar_2

Mrsrestore wrote: »

After pursuing our claim in the ways suggested we got the standard Thomson 2 year so out of time knock back (our flight was from Goa to Manchester delayed 10 hours + in 2010 due to member of staff not sticking to the visa regulations and hence not enough flight crew!!!). Went to CAA, still awaiting response so have decided to pursue the claim through the courts - this cost standard £70.00. Thomson have supplied acknowledgement of service and "intend to defend all of the claim". Has anyone else reached this point or beyond ie had a court appearance??? or am I trailblazing for the little people???

Same point for us too, Thomsons are consistant, I'll give them that. Now we just have to get them to consistantly pay up

jenn1ewest1

I asked thomson to clarify the problem with the engine this is their response,judging from on here it seems to be a very common problem Apologies for the delay in responding.

The fault in question was a failure of the aircraft’s HMU (Hydro Mechanical Unit). This component controls the fuel flow to the engine. Therefore, without this component in good working order, the aircraft cannot legally operate.

Many thanks

If you have received this excuse from thomsons I would be very interested to hear so I can gather how many times they have rolled out this one
JH

dp2603

dp2603 wrote: »

Issued MCOL on 18 June as Thomson had not replied to previous correspondence and NBA. Today received letter with the following statement:

French air-traffic control restrictions, due to industrial action, disrupted the flight programme due to operate your flight from Birmingham to Antalya. Earlier in the flight programme the aircraft was due to service a flight between Birmingham and Alicante. However the route would directly pass through French air space where there were restrictions, and subsequently the flight was delayed. Once it had departed it had to divert to Valencia, due to thunderstorm activity. This had a knock on effect on the next flights in the programme, including Alicante to Birmingham, which was delayed by 5 hours and 29 minutes, and also your flight from Birmingham to Antalya. Therefore it is classed as extra ordinary circumstance and no compensation is due. This is our final position on this matter. If you wish to escalate the claim further, then please may I advise you seek the opinion of a third party.

Is it significant that this reply is the first time that Thomson have given an explanation for the delay, despite the fact I have requested this information in all unanswered previous correspondence?

I would welcome your comments.

Today received Acknowledgement of Service from Thomson who are defending all of the claim. I seem to remember reading something on here about an EU court ruling that exceptional circumstances must relate to our particular flight and not a knock on from a previous flight. Can anyone please detail this for me or provide appropriate cases to defend our claim.

Sstaggy1

I seem in the same position as Dark Warrior and mrsrestore.

Having written to Thompson 4 times, and the CAA, I finally went to the small claims. I have received notification that Thompson will defend their case as well. I've had the standard 2 year response as my claim goes back to 2009 when we were delayed on a flight out to Egypt by 6 hours, and back from Egypt by 18 hours 40 minutes. We were a family group of 4, and I have 7 out of 8 boarding passes, as well as a letter issued by Thompson confirming the return flight was delayed by crew being out of hours. I don't see how they can defend it really. Pleasing to see (through this thread) they have already paid one claim from 2008.

My only problem is at the time the 28 days is up I will be abroad and cannot correspond - should I notify the court just in case?

Basingstoke_Betty

Sstaggy1 wrote: »

I seem in the same position as Dark Warrior and mrsrestore.



My only problem is at the time the 28 days is up I will be abroad and cannot correspond - should I notify the court just in case?

Hello - I'm just one stage ahead of you - Are you just going on a normal 2wk holiday? If so, don't worry - Thomsons have UP TO 28 days to file their defence, which they will send directly to you, and the court will also send you a copy. Then you will get an allocation questionnaire from the court which asks you if you want to continue/which court you want to be transferred to and also whether you want to try mediation (popular choice on here is to tick yes). You will have approximately 14 days from receipt of the allocation questionnaire to get it back to the court - so you should be okay.
If you are away for an extended period of time then you should call MCOL and ask them - but until Thomson file their defence y ou can't really do anything anyway.
Hope that helps,
BB