Flight delay and cancellation compensation, Tui/Thomson ONLY

F1FSO

on 26/05/2010 our flight from cancun to manchester uk was cancelled.Our luggage had already been put on the plane and we sat in the departure lounge for approx 4 hours before the flight was cancelled due to a problem with the engine of the plane.We were put up in a hotel for the night and we were flown to manchester the next day approx 16 hours after the original departure time.On the 7th of April 2013 we wrote to thomson re:compensation using the template from your website.We received a letter from thomson saying we should have claimed within 2 years and as this was now 2 years 11 months it was too late.On the 18th of April i wrote to the CAA using your template.On the 16th July i received a letter from the CAA saying that our flight falls within the scope of regulation EC261/2004 and recent EU case law.They point out that compensation is subject to whether the reason for the disruption was within the airlines control,known as "extraordinary circumstances".The CAA have sent my complaint back to thomson for reassessment.What happens next?

matt2baker

F1FSO wrote: »

on 26/05/2010 our flight from cancun to manchester uk was cancelled.Our luggage had already been put on the plane and we sat in the departure lounge for approx 4 hours before the flight was cancelled due to a problem with the engine of the plane.We were put up in a hotel for the night and we were flown to manchester the next day approx 16 hours after the original departure time.On the 7th of April 2013 we wrote to thomson re:compensation using the template from your website.We received a letter from thomson saying we should have claimed within 2 years and as this was now 2 years 11 months it was too late.On the 18th of April i wrote to the CAA using your template.On the 16th July i received a letter from the CAA saying that our flight falls within the scope of regulation EC261/2004 and recent EU case law.They point out that compensation is subject to whether the reason for the disruption was within the airlines control,known as "extraordinary circumstances".The CAA have sent my complaint back to thomson for reassessment.What happens next?

Looks like you've got the same response as many of us since the past few weeks - it's a standard letter which is simply a put-off. I'll be writing to them to say that I'm claiming under the EU regs of 6 years, not the Montreal Convention of 2 years, and if they don't review their policy of dis-associating themselves from the UK law, they can find out the answer in court. Simples!

P_Doff

blondmark wrote: »

Although airlines are obliged to provide notice of passengers' entitlements during delays, Thomson have an especially cavalier attitude to the law, and because there is no particular penalty for failing to comply, they don't.

It isn't just Thomson who are cavalier about this part of the regulation. I have just won my case and there was no notice issued. I mentioned it at court to show how the defendant flouted the regulation but conceded that it did not affect the facts or outcome of the claim.
Perhaps if everyone who has a claim for delay and did not get such a notice were to write to the CAA and their MP to complain, perhaps, just perhaps, as the National Enforcement Body, the CAA would start doing some enforcing.

Vauban

P_Doff wrote: »

Perhaps if everyone who has a claim for delay and did not get such a notice were to write to the CAA and their MP to complain, perhaps, just perhaps, as the National Enforcement Body, the CAA would start doing some enforcing.

The CAA are disgraceful. You may note that one of the people who won their case recently after taking legal action had been told by the CAA that the delay WAS extraordinary. As the Court date approached, the airline took a different (and more accurate) view. There is the genesis of a real scandal here.

P_Doff

Vauban wrote: »

There is the genesis of a real scandal here.

There is indeed but it will not be exposed unless folks speak up. It is certainly on my "to do" list but I'm having a holiday first.

Vauban

P_Doff wrote: »

There is indeed but it will not be exposed unless folks speak up. It is certainly on my "to do" list but I'm having a holiday first.

I have been in touch with the well-respected travel journalist, Simon Calder. He's looking into this as we speak.

David_e

Vauban wrote: »

I have been in touch with the well-respected travel journalist, Simon Calder. He's looking into this as we speak.

Excellent idea. He seems to be the person that the media consult on any travel industry story so he clearly has some influence.

romanby1

Centipede100 wrote: »

It only goes to show that referring ones claim to the CAA in a case for compensation is not the way to go. Instead:

1. Read all the information and links provided in the FAQs.
2. Ask anything that is not covered in those FAQs and links on the appropriate airline specific thread in the forum before writing your NBA letter.
3. Write a NBA letter to the airline making your claim and giving it 14 or 21 days notice that unless the claim is settled or a valid defence offered you will commence a legal claim.
4. As soon as the 14 or 21 days expires (assuming the claim hasn't been settled or a valid defence offered) either issue a claim via MCOL if only 2 claimants or a claim via your local County Court on form N1 if more than 2 claimants.
5. Spend the time between issuing your legal claim and any further stages in the legal process studying the Reg, relevant case law and other help provided in the FAQs and elsewhere.

Excellent. That sums up the course of action to be taken in a nutshell.
It is a pity some people do not do their homework. There is so much advice that has been previously given on this site.

2013archers

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.

We sent our request off to EUCLAIM via Bott & Co. we had a reply last Wednesday (only took them about 9 days to get back to us) to say they could not progress our claim as we had no supporting documentation i.e.:

· (e)-tickets Original booked flight(s)
· Confirmation e-mail Original booked flight(s)
· Boarding pass

All we have is a copy of our c.c. statement showing the payment for our flight, so we need to apply to Thomson for proof we were on this flight.
We have been watching this forum for around two months. Many thanks to all the people who have put such valuable info on.

romanby1

2013archers wrote: »

We sent our request off to EUCLAIM via Bott & Co. we had a reply last Wednesday (only took them about 9 days to get back to us) to say they could not progress our claim as we had no supporting documentation i.e.:

· (e)-tickets Original booked flight(s)
· Confirmation e-mail Original booked flight(s)
· Boarding pass

All we have is a copy of our c.c. statement showing the payment for our flight, so we need to apply to Thomson for proof we were on this flight.
We have been watching this forum for around two months. Many thanks to all the people who have put such valuable info on.

Your CC statement should be enough to proove to Thomsons you were on the flight. Ask them for the details they hold on you from the flight manifest. Send a NBA letter with a 14 or 21 day response time. As a matter of course they will refuse, or even ignore you, they ignored me for 2 months but as you know you were on the flight they will have to prove you were not on it if you proceed to court. Go Ahead if you think you have a reasonable chance of success.