Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

So that is the interest per person per claim. I assume you have used a commercial rate to convert your 400€ on the date of delay.

TMC19

I am completely new in posting on this site, but am looking for a bit of moral support. I have read most of the posts on the Court Success and Thomsons threads, but I still may well have missed lots of points!

My delayed flight was 31.08.07. I wrote to Thomsons with a very nice letter on return and they replied, apologising but with no offer of any type of compensation. The reason for the delay came up as "technical reasons" on the flight board at the airport, and this is what Thomsons staff told us.

I'm afraid that, due to naivity on my part, I then left it until recent news on the MSE website.

I wrote to Thomsons again on May 16th 2013, claiming €800, using the template letter on this site. They eventually replied last week, citing the usual outside of two years excuse. I then spoke to someone at Thomsons on the phone, who said that they were going to "go by UK law" and were not going to investigate my case further - if I was not happy I would have to go to a third party. After a further search on this website, I phoned her back, requesting a call from her manager and details of where I should send a Notice before Action letter. I have now posted and emailed the NBA and am preparing for MCOL. I still have not had a reply from the Manager, but don't really expect to get one.

At this stage, I have got serious jitters about losing the case and having to pay out expenses, as I really can't afford to. Bott & Co were really, really helpful but they, understandably do not take on cases as late as mine. I would have been quite happy to settle for a lesser amount if Thomsons were prepared to discuss or negotiate, but it seems like they want to push people into taking them to court.

I would be really grateful for any advice.

richardw

TMC19 wrote: »

... I have got serious jitters about losing the case and having to pay out expenses....

What's your estimate of how much they could be?

catoutthebag

111KAB wrote: »

So that is the interest per person per claim. I assume you have used a commercial rate to convert your 400€ on the date of delay.

That is the conversion figure that was bandied about initially when it all kicked off. Which conversion should I be using? Date of delay? Date of claim? Other?

TMC19

From what I have read, it seems that anyone losing a case would have to pay out of pocket expenses for those attending the court, as well as the court fees. I suppose that it depends on how Thomson choose to defend, but I am assuming that it could be a few hundred pounds.

bazaar_2

Pbryan101 wrote: »

I disagree with their assertion that the flight arrived 1 hr late when in fact it was a day late! Slight mistake on flight stats (i put the wrong date in) There is now no data for the actula flight ever having taken place.

probably because it was delayed by a day, the flight numbers are usually the same, so double check your dates and make sure you havent put the wrong date of your planned flight, they might be trying to wriggle out, but as long as you have proof of payment and you were at the airport to flight youll be OK

Negril

Had a reply from Thomson re compensation for a Nine hour delay to Jamaica, They say we are not entitled to compensation as the delay was due to a bird striking the aircraft.... however this happened to the aircraft five days before our flight was due. Surely something wrong here!

stevew48

Hi All,

I originally submitted my claim and associated paperwork to Thomson at the end of January re delayed flight to Barbados 7th Jan 2011 from BHX plane was delayed by 13hrs 25 mins and confirmation letter from Thomson. I received their usual diatrabe about technical fault (fuel leak on previous flight which caused a reactionary delay to my flight) they claim exceptional circumstance which I know from the many posts here and the ECJ papers that I have read that this is not an EC. Therefore, MCOL submitted yesterday for 2 x 600 euro's plus interest at 22p a day (calculated on MCOL). Awaiting their response.

Stevew 48

catoutthebag

I know for separate flights it's 2 separate claims, but for 1 claim (involving me and partner), do I have to setup a MCOL in her name too (I've started inputting details, but with my name as the claimant), and add her in the desccription of events?

richardw

catoutthebag wrote: »

... do I have to setup a MCOL in her name too (I've started inputting details, but with my name as the claimant), and add her in the desccription of events?

You may be about to make a classic error that is one of the first things that airline solicitors pick up on, so it's great that you asked.

If you use MCOL and can't get your partner's name in the claimant box, then she isn't a claimant, it is as simple as that and the District Judge DJ won't argue with the airline's solicitor, so the claim wouldn't include your partner.

So don't put her name in the description.
If it can't go in the claimant box then don't use MCOL, use form N1 for your claim.