Flight delay and cancellation compensation, Tui/Thomson ONLY

TMC19

cdave10 wrote: »

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

Thank you for your encouragement. I have been having another read of this thread and the court success thread and it does seem that there is enough good practice to help me put together my case. There are some really helpful people out there! If I do go ahead with the MCOL, I will post any news.

4poc

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.

I also wrote to Monarch in 2008 but did not keep any correspondence. I casually happen to ask Customer care and to my amazement they emailed me all correspondence between them and myself. Try asking your airline; if not then i believe you can apply for access to their file on you.

Enom

111KAB wrote: »

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

Thanks I've sent a message now. If anyone has had any experiences with any companies please let me know also just in case I do not hear back.

Best,

bazaar_2

Has anyone dealt with this issue? its usual delay tactics for airlines to put this on their defence, so for people who have not got tickets, maybe you can use bank statements, but the general concensus is to SAR the airline for the evidence you were on the flight.
Maybe CPR 31:14 - 15 could be something that can be used and request the plane maifewst ( especially if youre claiming for a party of people ), what do you guys think?

jamesh

Still waiting for a defense to my MCOL but this came in:

Just had a reply from the CAA:

Dear Passenger,

We are writing to update you on your claim for compensation for a disrupted flight.

It appears your flight falls within the scope of Regulation EC261/2004 and recent EU case law. As you may be aware, compensation is subject to whether the reason for the disruption was within the airline’s control, known as ‘extraordinary circumstances’.

The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work will be published on the European Commission website shortly.

We have asked all airlines to reconsider against this new guidance whether compensation should be payable in all complaints that have been received by the CAA. We have now sent your complaint back to the airline for reassessment.

The airline will respond to you directly following their reassessment of your flight against the new guidelines on ‘extraordinary circumstances’. We are now closing your complaint. We are unable to enter into further correspondence on this issue as your complaint is now with the airline for reassessment.

We are interested in your comments about the CAA complaint handling process. You will be sent under separate cover a survey and we hope you will be able to take a few minutes to complete this form, to provide us with your feedback.

Yours faithfully


Regulatory Policy Group

Civil Aviation Authority

Not 100% sure based on their reply as to if they investigated anything or just closed the case due to putting together a new article.

Seems like a bulk email dumping a load of cases, interested to see if anyone else gets the same.

bazaar_2

Just had exact same reply in my junk mailbox, ( looks like the best place for it,.
Theyve obviously been snowed under and want to backheel it. ( I wonder what gems we will see as extraordinary now)
Or maybe, they agree with us and want the airlines to stump up and stop messing about

Den_ram

Hi!
Ive received a letter from Thomson Airways this morning stating EC's.
"As part of our investigation I have checked our flight reports and can see your flight was delayed due to a technical defect being detected prior to a previous scheduled flight. This then caused a knock on effect to your flight. The aircraft is unable to be legally dispached with this defect. Therefore the cause of this delay sits under Exteaordinary Circumstances, as the technical issue with the aircfaft was not due to poor maintenance and is not something that could have been forseen"

"In case of your flight, the cause of the delay was due to a delay to another aircraft due to "unexpected flight safety shortcoming" arising from the discovery of a technical defect that doesn't fall into the category of something that was or ought to have been discovered during routine maintenance"

I would welcome any help advice!
Surely the fact it wasnt even my flight but the flight before that had the problem means i still have a valid claim?

Thanks in advance, Denise

Vauban

Den_ram wrote: »

Hi!
Ive received a letter from Thomson Airways this morning stating EC's.
"As part of our investigation I have checked our flight reports and can see your flight was delayed due to a technical defect being detected prior to a previous scheduled flight. This then caused a knock on effect to your flight. The aircraft is unable to be legally dispached with this defect. Therefore the cause of this delay sits under Exteaordinary Circumstances, as the technical issue with the aircfaft was not due to poor maintenance and is not something that could have been forseen"

"In case of your flight, the cause of the delay was due to a delay to another aircraft due to "unexpected flight safety shortcoming" arising from the discovery of a technical defect that doesn't fall into the category of something that was or ought to have been discovered during routine maintenance"

I would welcome any help advice!
Surely the fact it wasnt even my flight but the flight before that had the problem means i still have a valid claim?

Thanks in advance, Denise

Neither technical defects nor (in practice) knock on effects are likely to constitute extraordinary circumstances. But it looks like you've got to the point where you are going to have to initiate legal action to get your compensation ...

claretnbluedom

Not sure if it will be of any use but the Thomson EU Delay Passenger Information Form that they will probably send out once you've put in a claim is attached at the link (EDIT: Can't post links as I have a low post count )

Possibly save some people time in waiting for a response to send in the form. I'm about to start our claim over a nightmare return from Palma flight TOM3251, delayed 22 hours!

happychap7

bazaar wrote: »

Has anyone dealt with this issue? its usual delay tactics for airlines to put this on their defence, so for people who have not got tickets, maybe you can use bank statements, but the general concensus is to SAR the airline for the evidence you were on the flight.
Maybe CPR 31:14 - 15 could be something that can be used and request the plane maifewst ( especially if youre claiming for a party of people ), what do you guys think?

Maybe I am looking at this too simply but in a civil court its on the balance of probabilities. If you and your partner/family etc state you were on the flight and were delayed then let the airline try and prove other wise. The only way they can do this is to produce a manifest showing individuals on the flights which would obviously show you were actually on the flights!