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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • happychap7
    happychap7 Posts: 50 Forumite
    I have had a letter today from Thomson's which I assume is a response to my LBA that I sent about 5 weeks ago. In summary it stated they were still not budging from the advice from their top QC that they will not consider claims over 2 years ago. I thought Thomson's had sent out letters to others on this forum indicating they were now looking at claims over 2 years ago. I started court proceedings on the 01/07/13 via MCOL and they have until the 19/07/13 to acknowledge this.
  • Well D Day has arrived and I am in the local County Court on the 29th July. I received my defence bundle from Thomsons and so they look as if they are taking it all the way.
    The delay was due to a technical defect. Anyone got any advice to offer me who have taken their case to court?
  • jenn1ewest1
    jenn1ewest1 Posts: 130 Forumite
    Jez_Taylor wrote: »
    Well D Day has arrived and I am in the local County Court on the 29th July. I received my defence bundle from Thomsons and so they look as if they are taking it all the way.
    The delay was due to a technical defect. Anyone got any advice to offer me who have taken their case to court?


    What is the actual technical defect that caused the delay,Have you sent your bundle to them yet.Good luck it will be good to have another court win it has been a little quiet on here of late
    Jennie H
  • beachbeth wrote: »
    If I haven't got any tickets or proof that I was on a particular flight have I got no chance at compensation? I wrote a letter of complaint after the holiday and received the usual fob off letter but haven't got a copy of this either as it was 2008.


    when i first applied to thomson i did not put reference number on letter, thomsons replied with booking reference so dont worry about that
  • happychap7 wrote: »
    I have had a letter today from Thomson's which I assume is a response to my LBA that I sent about 5 weeks ago. In summary it stated they were still not budging from the advice from their top QC that they will not consider claims over 2 years ago. I thought Thomson's had sent out letters to others on this forum indicating they were now looking at claims over 2 years ago. I started court proceedings on the 01/07/13 via MCOL and they have until the 19/07/13 to acknowledge this.



    see FAQs for the answer it depends on european country
  • cdave10
    cdave10 Posts: 4 Newbie
    edited 15 July 2013 at 9:25PM
    TMC19 wrote: »
    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.

    I understand your concerns, i too am claiming aginst thomson and have just issued court papers to thomsons.

    the claim is all online and the explination of what to do is very good and takes you through everything you need to know, If you do cliam the choice is yours in my experience thomsons say they will defrnd and i am waiting for there responce, the forums on here are very helpful and so far it has cost 60 to issue papers and if i select court i think its 10 pound.
    I cannot advise you at all but keep fighting read the FAQ on page one read moneyclaim online its not as difficult as it looks

    good luck
  • User4815
    User4815 Posts: 16 Forumite
    User4815 wrote: »
    According to tracking log - my letter was received on Friday, April 13th at 2pm.

    Received my fob off letter in the mail yesterday.

    2 whole pages of big words and !!!!!!!!!

    3 lines of the whole letter pertained to my case and I will quote them below:
    .....

    In the case of your flight, the delay was caused by the pilot becoming ill prior to departure. This meant we had to find suitable standby/s to cover the pilot. Clearly, this is not something we as an airline could prevent as this was unforseen.

    ....

    I initiated contact with them in April and got the 28 days letter. In the meantime I contacted an agency here in the ROI. They have passed on my claim to Spain (as our flight was Malaga > Dublin.

    Will wait to see how the Spanish investigation goes. After that anyone have any other suggestions?

    Would be so much easier if I was in the UK like the rest of you folk.


    Regards,
    Gary.
  • nigelpm
    nigelpm Posts: 433 Forumite
    I've now received the Direction Questionnaire for Small Claims track.

    It looks pretty self explanatory but would still be good to know how others have filled it out - could be worth including the the FAQ?

    Also, what is the fee?
  • Enom
    Enom Posts: 12 Forumite
    Hello,

    I've got to the stage where NBA has been sent and responded to, and already submitted a complaint to Madrid which is being investigated, and now need to take it further in court. But to be honest, I do not think I have the expertise or the time to continue it through the court system and write up all the documents. Plus, as someone wrote above, if you fail you will end up having to pay out expenses and such and I do not feel competent enough to fight this out in court as I've never been to court before. Has anyone had any experience with any good no win no fee firms who can take it on from this stage?

    Thanks,
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Enom wrote: »
    Hello,
    Has anyone had any experience with any good no win no fee firms who can take it on from this stage?

    PM Coby Benson to see if he will take it on. Not a recommendation but he does help out on this forum.
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