Flight delay and cancellation compensation, Tui/Thomson ONLY

karl60

Cheers. Thanks Spaceaarvark

A_Flock_Of_Sheep

I am trying to prepare a rebuttal and have got a wood for the trees syndrome going on.

I am trying to locate in the regulations where it states claims are not subject to the Montreal Convention and that it is separate to 261/2004 and also the part that states knock on effects are not classed as EC's

Does anyone have links of quotes to these parts.

Mark2spark

A_Flock_Of_Sheep wrote: »

I am trying to prepare a rebuttal and have got a wood for the trees syndrome going on.

I am trying to locate in the regulations where it states claims are not subject to the Montreal Convention and that it is separate to 261/2004 and also the part that states knock on effects are not classed as EC's

Does anyone have links of quotes to these parts.

You'll be after the More judgement on that one.
http://forums.moneysavingexpert.com/showpost.php?p=57419493&postcount=3208

Knock on effects - broadly - are the Finnair judgement.

Lindagreenacre

After two letters, the first sent 96 days ago, three emails and masses of posts on Facebook, I received a phone call today from Thomson. They say that we are entitled to compensation of 400 euros per person (two of us) and a cheque will be raised for us, although to allow 28 days for processing through their finance dept. I won't celebrate until it arrives, but am more optimistic now. I also told the lovely Lesley-Anne that once we are recompensed that we will travel with Thomson again. The exchange was very calm and civilised.
Although I was told to expect a wait of up to 28 days, I received a cheque for £683 on 9 July. Really pleased that I listened to Martin Lewis's prog. I also managed to get my council tax band reduced a few years ago, thanks to his advice.

Thank you Martin.

JPears

Centipede100 wrote: »

And with which I disagree with some on here that it is relevant to flight delays as the facts of the case involved denied boarding not delay.

You have enough precedent case law with Sturgeon, Wallentin-Hermann and Eglitis & Ratnieks without having to introduce a case that would be irrelevant to your own (Lassooy v Finnair).

Indeed. Jet2's solicitor actually tried to use Finnair (in my humble opinion, incorrectly) to his advantage

Orange_Smartie

I first wrote to Thomsom on 31 December 2012 and received a reply asking me to complete their claim form. I did so and returned the forms with a further letter dated 29 January 2013. I then received a letter from them in March 2013 citing the two year rubbish.

I responded to their letter pointing out all the flaws in their argument and giving them a final notice before action. I heard nothing further so I issued proceedings in June. They have until 11 July 2013 to respond.

Interestingly, today I have received a further letter from them which reads "Following the change in legislation, Thomsom Airways is obliged to fully investigate and respond to your claim. Collating accurate and relevant information can take some time and with this in mind, our dedicated team will endeavour to respond with a full written outcome at the earliest opportunity."

Well according to their earlier letters they had investigated following the form filling process and then refused to do anything further citing the two year rubbish. Seems it may finally be getting through that people wont be fobbed off by the two year stance.

Has anyone else received this letter? I didn't expect any further correspondence on the matter and was waiting to see what they put into court.

Gorbar

Orange_Smartie wrote: »

I first wrote to Thomsom on 31 December 2012 and received a reply asking me to complete their claim form. I did so and returned the forms with a further letter dated 29 January 2013. I then received a letter from them in March 2013 citing the two year rubbish.

I responded to their letter pointing out all the flaws in their argument and giving them a final notice before action. I heard nothing further so I issued proceedings in June. They have until 11 July 2013 to respond.

Interestingly, today I have received a further letter from them which reads "Following the change in legislation, Thomsom Airways is obliged to fully investigate and respond to your claim. Collating accurate and relevant information can take some time and with this in mind, our dedicated team will endeavour to respond with a full written outcome at the earliest opportunity."

Well according to their earlier letters they had investigated following the form filling process and then refused to do anything further citing the two year rubbish. Seems it may finally be getting through that people wont be fobbed off by the two year stance.

Has anyone else received this letter? I didn't expect any further correspondence on the matter and was waiting to see what they put into court.

We have also received the same letter today. Rang Customer Service, after a long conversation was told the letters had been sent out in error. Told them the Solicitor had all the papers ready to send to Court' but if I received a telephone call by the end of the working day I would cancel the papers being sent, hence no phone call, so don't hold your breath. Our flight was not 2 years ago but was a knock on effect from the previous flight. Oh yes after twice being told they had the wrong house number, they again used the wrong number, thanks to the Post Man we got it

delvey

Orange_Smartie wrote: »

I first wrote to Thomsom on 31 December 2012 and received a reply asking me to complete their claim form. I did so and returned the forms with a further letter dated 29 January 2013. I then received a letter from them in March 2013 citing the two year rubbish.

I responded to their letter pointing out all the flaws in their argument and giving them a final notice before action. I heard nothing further so I issued proceedings in June. They have until 11 July 2013 to respond.

Interestingly, today I have received a further letter from them which reads "Following the change in legislation, Thomsom Airways is obliged to fully investigate and respond to your claim. Collating accurate and relevant information can take some time and with this in mind, our dedicated team will endeavour to respond with a full written outcome at the earliest opportunity."

Well according to their earlier letters they had investigated following the form filling process and then refused to do anything further citing the two year rubbish. Seems it may finally be getting through that people wont be fobbed off by the two year stance.

Has anyone else received this letter? I didn't expect any further correspondence on the matter and was waiting to see what they put into court.

I had this letter, even though they had 4 months to investigate.
Ignore the letter, they have until the date that you stated to supply the court with there defence

Vauban

delvey wrote: »

I had this letter, even though they had 4 months to investigate.
Ignore the letter, they have until the date that you stated to supply the court with there defence

Would it be unduly pedantic for me to note that there has been no "change in legislation". What happened last October was that the ECJ rejected the airlines' attempt to change the law. Regulation 261/2004 has been law since, er, 2004. Though Sturgeon in 2009 extended this to delays, it's hardly a recent change is it?

Orange_Smartie

Point well made about there being no change in legislation. I was going to reply and point this out but I couldn't be bothered to state the obvious. Now looking forward to Court. I have a legal background so they wont fob me off or frighten me with the legal process.

Forgot to say that I also made a Subject Access Request nearly 30 days ago now so they've not got long to respond to that either.