Flight delay and cancellation compensation, Tui/Thomson ONLY

maghater

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.

Thomsons are going it alone on this one. Their claims don't appear to stack up (read the FAQs). However just in case they have found a hidden clause, I would sit back and wait for a few weeks to see the outcome of some court cases which should be just about be due now.

maghater

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.

The court like to think that both sides have tried to reach an agreement out of court, by ticking the box, it shows the court that you are willing. In the unlikely event of Thomsons agreeing to mediation, you just have to mutually agree to a 1 hour timeslot, when a court official will ring both parties and try and get some kind of a compromise. Not really likely to happen with EC 261/2004, as it is a statutory level of compensation. You could agree to shave a couple of points off your interest demand, but that's about it.

A_Flock_Of_Sheep

They ticket NO to Mediation on the AQ.

Prior to submitting the AQ I sent them a proposal to pay the value minus all interest costs but they rejected it by reply and so it went forward to the next stage of sending the AQ.

I am not sure what good the Mediation will do as I can't negotiate below the "statutory" value of compensation due. The only negotiable part is the interest which we were prepared to forego to aid a swift conclusion but Thomson (Moran) knocked it back.

Our case is pretty cut and dried:

Thomson are citing the 2 year limitation
Claiming that in the alternative it is ECs due to a fault with the aircraft door.

In their defence they seem to fail to mention where the fault occurred!

The fault occurred earlier in the aircraft's itinerary and its departure for us was late as a knock on effect so the ECs don't apply as far as I know from this forum. That said would "a fault with the aircraft door" - no description of the fault offered - actually be ECs?

This was put to them as part of the proposal to just pay the 261/04 value. They seem keen to induce brinkmanship and totally waste time and money - by the time this is over they will be out of pocket either by paying up or the hidden costs of fighting our very small value. It doesn't make sense.

I need to formulate a rebuttal to those effects and am struggling a bit. I need to locate the bit in the regulations about knock on effects and how to defend the 2 year made up rule but to be fair I feel I can't see the wood for the trees when hunting around. So any words of wisdom and encouragement of keeping the old pecker up would be much appreciated.

I was hopeful this would not be dragging on so long. What kind of fool am I?

gmjohn

I have received a reply from Thompson who have denied liability as they say the technical fault was not reasonably foreseeable and quoting para 24 & 25 they also use Wallentine - Hermann v Alitalia (which they do not quote in full). i intend to write back quoting the correct summary in W v A and also write to the CAA. Has anyone had any success appealing to Thompson against their decision?

stavros42

gmjohn wrote: »

I have received a reply from Thompson who have denied liability as they say the technical fault was not reasonably foreseeable and quoting para 24 & 25 they also use Wallentine - Hermann v Alitalia (which they do not quote in full). i intend to write back quoting the correct summary in W v A and also write to the CAA. Has anyone had any success appealing to Thompson against their decision?

Seeing as they have denied your claim dont waste any more time playing their games, issue an LBA now.

tds

My husband and I were delayed by 21 hours coming back from Sharm el Sheikh last week. The plane coming to collect us from Edinburgh was delayed by 2 hours then it took off and relanded after an hour. We were told the reason was faulty toilets. When it did eventually take of and land in Egypt it then had to wait for a time slot to be able to take of and return to Edinburgh.

I have a compensation letter template to send to Thomson however I'm not sure if I send 2 letters one for myself and one for my husband.

Also Thomson seem to have lots of different addresses, which one do I send the letter to

I did try to read all of the the posts on this thread but there are so many and none seemed relevant to my query:o

Thanks for your help

stavros42

tds wrote: »

My husband and I were delayed by 21 hours coming back from Sharm el Sheikh last week. The plane coming to collect us from Edinburgh was delayed by 2 hours then it took off and relanded after an hour. We were told the reason was faulty toilets. When it did eventually take of and land in Egypt it then had to wait for a time slot to be able to take of and return to Edinburgh.

I have a compensation letter template to send to Thomson however I'm not sure if I send 2 letters one for myself and one for my husband.

Also Thomson seem to have lots of different addresses, which one do I send the letter to

I did try to read all of the the posts on this thread but there are so many and none seemed relevant to my query:o

Thanks for your help

One letter would suffice for both of you.
EU Delay Claims,
Thomson Airways,
Wigmore House,
Wigmore Lane,
Luton.
LU2 9TN

maghater

A_Flock_Of_Sheep wrote: »

They ticket NO to Mediation on the AQ.

Prior to submitting the AQ I sent them a proposal to pay the value minus all interest costs but they rejected it by reply and so it went forward to the next stage of sending the AQ.

I am not sure what good the Mediation will do as I can't negotiate below the "statutory" value of compensation due. The only negotiable part is the interest which we were prepared to forego to aid a swift conclusion but Thomson (Moran) knocked it back.

Our case is pretty cut and dried:

Thomson are citing the 2 year limitation
Claiming that in the alternative it is ECs due to a fault with the aircraft door.

In their defence they seem to fail to mention where the fault occurred!

The fault occurred earlier in the aircraft's itinerary and its departure for us was late as a knock on effect so the ECs don't apply as far as I know from this forum. That said would "a fault with the aircraft door" - no description of the fault offered - actually be ECs?

This was put to them as part of the proposal to just pay the 261/04 value. They seem keen to induce brinkmanship and totally waste time and money - by the time this is over they will be out of pocket either by paying up or the hidden costs of fighting our very small value. It doesn't make sense.

I need to formulate a rebuttal to those effects and am struggling a bit. I need to locate the bit in the regulations about knock on effects and how to defend the 2 year made up rule but to be fair I feel I can't see the wood for the trees when hunting around. So any words of wisdom and encouragement of keeping the old pecker up would be much appreciated.

I was hopeful this would not be dragging on so long. What kind of fool am I?

Doors are an integral part of operating an airline (Sturgeon 70), try Rgalitis v Latvijas para 28ish talks about airlines building "slack" into schedules to cover ecs

gmjohn

stavros42 wrote: »

Seeing as they have denied your claim dont waste any more time playing their games, issue an LBA now.

Thanks for that is there a template LBA? Also would you advise writing to the CAA as well?

Mark2spark

gmjohn wrote: »

Thanks for that is there a template LBA? Also would you advise writing to the CAA as well?

LBA / NBA in the FAQ's.

No, I would not advise writing to the CAA. They are currently stating that it'll take them 6 months to investigate.