Flight delay and cancellation compensation, Tui/Thomson ONLY

happychap7

Hi
It might be useful if people started posting copies of their statements on the forum. This would give people the relevant cases/sections they would need to refer to in order to counter Thomsons excuses. From what I've seen on here Thomsons are usually stating its a technical problem or another flight having problems with a knock on effect. It would also show people how to correctly prepare a statement/case.

Sstaggy1

Basingstoke_Betty wrote: »

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

Thanks so much BB, that is really helpful. It is only a 2 week holiday so it's not an issue. Will keep the updates coming

Mark2spark

jenn1ewest1 wrote: »

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

What point are you trying to ascertain Jen?
It's not admissable in court is what I'm getting at. Each claim to an EC is taken on it's own merits by the judge on the day.

Mark2spark

dp2603 wrote: »

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.

It's all in the FAQ's dp.
Start with the EU261 legislation. That's where you'll find references to 'particular flight'.
And both the Sturgeon and Wallentin rulings have further references.

If you're going to court you'll need to be well versed on all aspects of the regulation, and these cases, and also to prepare documents quoting them to counteract the Thomson lies that'll be forthcoming.

phritchie

jenn1ewest1 wrote: »

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

Certainly doesn't sound like ec's. I test jet engines for a living- a hmu failure wouldn't be exceptional. It will be designed to be replaced and put at an accessible point on the engine. No reason they couldn't have a spare and replace it.

greatdaneboy

Delayed 8.5 hrs on a Thompson flight to Heraklion April 2010. They wrote to us later saying the delay was due to the fact that our plane had to have a windscreen replaced which had to be sent for and driven to the airport!
Wrote to Thompson 17th Feb seeking compensation. Never heard back from them. Wrote again 2nd April and they replied 15th April saying they would deal with soonest. Wrote again 17th June and they called me today to advise they were only considering claims less than 2 yrs old and that they had taken expert legal advice on this, quoted a number of European directives, and are confident they are right on this. Asked for it in writing and am awaiting the letter.

stavros42

greatdaneboy wrote: »

Delayed 8.5 hrs on a Thompson flight to Heraklion April 2010. They wrote to us later saying the delay was due to the fact that our plane had to have a windscreen replaced which had to be sent for and driven to the airport!
Wrote to Thompson 17th Feb seeking compensation. Never heard back from them. Wrote again 2nd April and they replied 15th April saying they would deal with soonest. Wrote again 17th June and they called me today to advise they were only considering claims less than 2 yrs old and that they had taken expert legal advice on this, quoted a number of European directives, and are confident they are right on this. Asked for it in writing and am awaiting the letter.

Your just getting the usual run around from thomsons, send them an LBA and that should get the ball rolling.

A_Flock_Of_Sheep

My letter received Saturday from the court has told me to contact the Small Claims Mediation Service. Both me and Thomson have to do this.

jenn1ewest1

Mark2spark wrote: »

What point are you trying to ascertain Jen?
It's not admissable in court is what I'm getting at. Each claim to an EC is taken on it's own merits by the judge on the day.

I suppose what I am trying to get at is do they just have a list that they are using at random,and should we compile a list of what they have tried to use as EC to help the newbies to the site as it may just give them the confidence they need to push on with their claim and take action if they see the success of others and what they were up against
JH

jenn1ewest1

A_Flock_Of_Sheep wrote: »

My letter received Saturday from the court has told me to contact the Small Claims Mediation Service. Both me and Thomson have to do this.

Am I right in thinking that they ticked no to mediation as they did on my form too

have you got in touch with the mediators yet
JH