Flight delay and cancellation compensation, Tui/Thomson ONLY

Louise9082

Has anyone experienced a response from Thompson stating that they will not consider a claim because the flight was delayed more than 2 years ago which they state is in line with our national law?

If so have you challenged it?

I look forward to receiving any response which maybe able to help me with my claim for compensation.

X

nigelpm

happychap7 wrote: »

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!

Airline would have the records. It's a moot point really.

Bonters

Enom wrote: »

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,

I have put mine in the hands of Bott & Co. You can access them at bottonline.co.uk and follow the main page link for flight delay claims. Quite by accident I came across them because an acquaintance I've met through our mutual sporting interests (boxing), actually works for this company and is currently specialising in taking various airlines to court under this EU Regulation. Some of the stuff he's told me is quite impressive in terms of their specialist knowledge and experience. Hope this helps

dxc_chappie

Louise9082 wrote: »

Has anyone experienced a response from Thompson stating that they will not consider a claim because the flight was delayed more than 2 years ago which they state is in line with our national law?

If so have you challenged it?

I look forward to receiving any response which maybe able to help me with my claim for compensation.

X

Many people have received this nonsense - read through this thread and you will see just how many. Then read the big red letters in the FAQs on page 1 of this thread for what to do next.

kivin

nigelpm wrote: »

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?

I am at this stage too. Thank you to everyone's general advice so far - I would have given up a long time ago if it wasn't for reading this thread.

Looking through the defence statement I have received, the EC reason stated is a fuel leak which was unable to be repaired so a replacement plane was brought in. Presumably this fuel leak falls into the same bracket as a technical fault which they can't claim as an EC as should be picked up during regular maintenance, etc? To be honest I was expecting a bit more detail in the defence than simply "fuel leak".

Also a quick question on the Directions Questionnaire - does it matter what County Court the hearing is requested in? Is it best to go for my local one or if there a specific court that successes have been coming from?

Vauban

kivin wrote: »

Presumably this fuel leak falls into the same bracket as a technical fault which they can't claim as an EC as should be picked up during regular maintenance, etc? To be honest I was expecting a bit more detail in the defence than simply "fuel leak".

Also a quick question on the Directions Questionnaire - does it matter what County Court the hearing is requested in? Is it best to go for my local one or if there a specific court that successes have been coming from?

Yes - this is a technical failure and not an extraordinary circumstance. What tommy rots these airlines spout!

I wouldn't play a percentage game with the courts, second guessing where to fight. Go for the home win!

holidayfan

FINALLY - I have received a response from Thomas Cook and i am dealing with them via email. I'm not sure what to say to this response (Below). Can anyone give me an idea on what to respond with?

Would be great to hear if anyone was on the flight from Glasgow to Orlando on the 26th August, Delayed 24 Hours

Dear Holidayfan

I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

Kind Regards,

smartly

Holidayfan - this is a topic for Thomson not Thomas Cook

bazaar_2

happychap7 wrote: »

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!

Hi happy, I understand the balance of probabilities etc, but as the case is currently trackless, its another nail for the airline if you request this at the point they submit their defence and you have the allocation questionare, was just thinking out loud. If the airline put you to strict proof you were on the airplane, then the manifest is the only document that would disprove it. So firing of the request via the CPR puts them on the back foot and they have to respond or else you bring it up in court.

Vauban

bazaar wrote: »

Hi happy, I understand the balance of probabilities etc, but as the case is currently trackless, its another nail for the airline if you request this at the point they submit their defence and you have the allocation questionare, was just thinking out loud. If the airline put you to strict proof you were on the airplane, then the manifest is the only document that would disprove it. So firing of the request via the CPR puts them on the back foot and they have to respond or else you bring it up in court.

If you have some evidence that you were on the flight - such as an original booking itinerary or a communication from the airline (such as an apology for the delay!) - then there is no issue here at all.

For all but the oldest flights, airlines should have a manifest of passengers. It is included in a preliminary defence, in my view, merely to try to frighten off claimants who worry that they can't provide "strict proof". So long as you have some evidence, and are prepared to sign a witness statement to that effect, you should be fine.