Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

jes0901 wrote: »

Any advice as to what to do next would be apprecaited

NBA 14 day letter then two separate Court actions. Don't let them give you the runaround!

romanby1

111KAB wrote: »

NBA 14 day letter then two separate Court actions. Don't let them give you the runaround!

If their claims/defence changes use this as your evidence against them.

Enom

111KAB wrote: »

If your court cut off date is only around a month away you must issue Court claim now as Thomson will look for every way possible to push beyond the 6 years. Thoroughly check your court application for this very reason.

Thanks I will do that.

Also, today I received a response from the Ministerio de Fomento (AESA) from Madrid saying:

We herein confirm you the reception of your complaint against FIRST CHOICE AIRWAYS and THOMSON AIRWAYS LIMITED, received in the Air Safety Agency on 10/6/2013. We inform you that the reference number assigned to your complaint is xxxxx.

Further, we inform you that the Air Safety State Agency is the national body responsible in Spain for the enforcement of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 Feb 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

Accordingly, the Air Safety State Agency provides information to passengers and their rights and obligations in case of denied boarding, cancellation or long delay flights; Undertakes inspections at airports to check that airlines are complying with the Regulation (EC) No 261/04, and in case it is found necessary, initiates the corresponding sanction proceeding against the airline for non-compliance with all aspects of the regulation.

Bearing in mind that the incident described may constitute an infringement of Regulation CE 261/04, the Air Safety State Agency has requested a report about such incident to the air carrier. Once we have reviewed the report requested and obtained additional information deemed necessary, you will be provided with an answer, highlighting what your rights are and, where appropriate, mechanisms in their return.

Finally, we inform you that the investigation by the Air Safety State Agency in relation to your complaint, does not affect your right to initiate legal action against the carrier by reason of the incident, or interrupt the time limits set for bring such actions.

My guess is that it doesn't effect my ability to start court proceedings, an if anything, they will be able to send me more information regarding the reason for the flight delays that I can potentially use in court? Has anyone dealt with the Ministerio De Fomento in Madrid before? Would be interesting how their complaints process works and powers they have.

111KAB

Enom wrote: »

Has anyone dealt with the Ministerio De Fomento in Madrid before? Would be interesting how their complaints process works and powers they have.

Yes and no powers!

Dr_Watson

Enom wrote: »

Thanks I will do that.

Also, today I received a response from the Ministerio de Fomento (AESA) from Madrid saying:



My guess is that it doesn't effect my ability to start court proceedings, an if anything, they will be able to send me more information regarding the reason for the flight delays that I can potentially use in court? Has anyone dealt with the Ministerio De Fomento in Madrid before? Would be interesting how their complaints process works and powers they have.

As 111KAB states they (AESA) have no powers to implement their findings (if in your favour-I hope). But its not a bad document if they investigate and find in your favour to help your case against the airline. They are the national body for enforcement of 261/2004 in Spain. I can't see any judge looking at their evidence and dismissing it lightly. I had a positive response from AESA in my case and am using this as part of my evidence in my claim with the courts.

Bonters

StanVanDamn wrote: »

Hi everyone,
2) If I was to appointment a company to handle this on my behalf could anyone recommend one and just roughly how much they would take off my compensation?
Thanks

I am in the process of using Bott & Co, as I know personally one of their Solicitors. They do appear to me to be a cut above the rest (just my opinion, I receive no favours or anything else for the recommendation, I promise you). You can find them at bottonline.co.uk They are No Win No Fee, but unlike some others, they will not ask you for the payment to start the Court case. However, if they win, they want 27% of the total compensation award, together with 25 Euros per person admin fee. Whilst that's a significant chunk of your award, I think it's very reasonable for legal services actually. They also use a very good expert for the flight statistics, who discovers absolutely everything relevant about the airport, the weather that day, the flight itself, and so on. Described as a real 'nerd' who spends his spare time even discovering more stuff about flights/airports! It's really a case of how confident are you and how much time do you want to spend on your claim. The filling out of the necessary forms is minimal compared to the amount of research you might need to be doing. I had special reasons also for putting it in the hands of professionals, which I won't declare on here just yet. Hope this helps

Enom

Thanks for the two responses above. One last question before submitting an MCOL. I noticed a fair few people replying back saying that Thomson have got back in touch renegotiating the figures based on exchange rates. Given during the time of my flight it was £1 = €1.47 it would mean the potential sum is significantly lower in £'s during the exchange rates at that time. So a thought occurred to me, could I not put in a claim for the amount in EURO's rather than GBP's? Because the £7 Natwest will charge for converting works out much better than potentially agreeing to them paying in GBP at the exchange rate at the time of the delay. Thoughts?

111KAB

Enom wrote: »

Thoughts?

Judge will 'adjust' anyway and MCOL form has a £ sign.

Sstaggy1

111KAB wrote: »

NBA 14 day letter then two separate Court actions. Don't let them give you the runaround!

I am concerned that I have only taken out one court action to cover two flights, and the advice being given is two separate actions should be taken. My 28 days for a response is up next Friday, and the only response from Thomsons so far has been the 2 year Montreal Convention standard response (my claim goes back to 2009).

A bit late to change it now I guess, but any advice welcome.:eek:

joetopps

I have received my defence from Thomson today. Firstly they say no action was brought within two years although I first wrote to Thomson and have a responce from them well within the false two year limit.

They have also listed the correct flight numbers but wrong airports I.e. they have put Gatwick to Maldives return instead of Manchester to Maldives return then usual EC rubbish.

How would a court view such poor defense?