Flight delay and cancellation compensation, Tui/Thomson ONLY

dpccrc6

What should I do next please help?

I filed my small claims 3 weeks ago, today I have received Thomson's defence stating it was due to adverse weather conditions caused the flight to be delayed? on the particular date we were due to fly to Tenerife there were no problems with flights from Birmingham which was where we were flying from however, Heathrow had been closed and I thought as Thomson do not fly from Heathrow it would not have had any impact on our flight?


Any advice would help please?

Vauban

dpccrc6 wrote: »

What should I do next please help?

I filed my small claims 3 weeks ago, today I have received Thomson's defence stating it was due to adverse weather conditions caused the flight to be delayed? on the particular date we were due to fly to Tenerife there were no problems with flights from Birmingham which was where we were flying from however, Heathrow had been closed and I thought as Thomson do not fly from Heathrow it would not have had any impact on our flight?


Any advice would help please?

It's true that weather can be an "extraordinary circumstance", but only if - as the Regulation stipulates - if these are "meteorological conditions incompatible with the operation of the flight concerned". So if your origin and destination airports were both clear for take-off and landing respectively -then weather problems elsewhere (particularly if they've affected the positions of previous flights aircraft) is not "extraordinary".

Write them a Notice Before Action and tell them you'll be starting court action in 14 days time unless you received a positive response.

romanby1

dpccrc6 wrote: »

What should I do next please help?

I filed my small claims 3 weeks ago, today I have received Thomson's defence stating it was due to adverse weather conditions caused the flight to be delayed? on the particular date we were due to fly to Tenerife there were no problems with flights from Birmingham which was where we were flying from however, Heathrow had been closed and I thought as Thomson do not fly from Heathrow it would not have had any impact on our flight?


Any advice would help please?

If the weather conditions were not causing delays to other flights from Birmingham airport you have a claim. They may be trying to rely on knock on effects with flights from Heathrow. This is not an EC.

markavo1

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?

You can't use civil procedure rule 31 on any claim allocated to a small claim track (see civil procedure rule 27.2)

shambellio

Hi all I am also new to this. I want to fight Thomson's all the way on this issue- for the principle! they put profits before customer service and that is a no no for me. rant over. I complained regarding my 8 hour delay from Cancun to Gatwick on 10th Jan 2013 TOMO93. Like many I have read here, they have tried to fob me off saying my plane was delayed due to "an in flight technical problem experienced on an earlier flight from the Maldives" and was not a result of any shortcomings in maintenance and therefore could not be foreseen! Not sure about that one, and the pilot on that flight announced they had been trying to get over a delay caused 4 days earlier!!! no mention of this in the letter. No wonder people don't trust this company and this process. They are sticking two fingers up at the Law and their customers. Was anyone on this flight? would love to see if they heard the pilot saying this too and any advice would be great. I have passed it to the CAA but will go to court if necessary and if so, it will be in Glasgow so they wont be able to be late with their submissions there:-)

zzx

I was informed in December 2012 that i must prove We were on the flight. I was told Thomsons records did not go back to June 2010.
The next day I walked into TUI travel shop on the high street and they gave me a confirmation printout in 30 seconds. All retrieved from the database which supposedly held no records!
I am baffled that TUI spend tens of millions on advertising and allow themselves to be sued by (former) customers. Perhaps their PR dept and legal Dept shoud have a quiet chat. This forum demolishes any gain from the advertising budget.

zzx

I now have court date for October. Thomson originally stated that air traffic control would not allow a take off slot. I employed a consultant to track down the individual responsible for slot allocation back in 2010. This cost me £300+vat but it demolished their defence. Thomson then changed their defence to technical and despite having claimed ATC issue on 5 occasions said it was an error.
There was a secod plane brought in to fly us but we were told the crew had enough hours to fly out to Gran Canaria but would be stuck their as they would not have enough hours to get back to UK. So 2 flights didnt fly. I await Thomsons reason for the failure of the second plane to fly as they have said nothing since 2010 at the departure gate and are ignoring my requests for information so i may have as complete a witness statement as possible.

delvey

I submitted my claim via MCOL on the 24th June, had a confirmation letter that this had been sent to Thomson etc but since then have had nothing. Should I contact MCOL to see what is going on?

David_e

delvey wrote: »

I submitted my claim via MCOL on the 24th June, had a confirmation letter that this had been sent to Thomson etc but since then have had nothing. Should I contact MCOL to see what is going on?

Looks like if you wait until Monday, you can "request a default judgment".

http://212.137.36.113/onlineservices2/progress_claim/judgment.htm

"The defendant has 14 days after service of the claim on them (or 14 days after service of separate detailed particulars of claim) to respond. Where an acknowledgment of service has been filed this time is extended to 28 days after service. You do not have to pay a fee to request judgment.

If the defendant fails to respond within the time allowed you may request a default judgment be entered. You may do this online through MCOL. You must not request a default judgment before the relevant time limit has expired."

Star9272

Hello

Would like to know if anyone reading this forum was on board the above flight that was delayed over night?

Thank you