Flight delay and cancellation compensation, Tui/Thomson ONLY

leylandsunaddict

UK law allows you to claim back 6 years.

Lozza123

Poppie68 wrote: »

I too have just had a reply from Thomsons saying they are not considering lights over 2 years my 10 hour delay was in May 2010. So off to small claims i suppose we trot. Obviously before i will send 'a before court' letter giving then 14 days please could someone link me to a letter to send if their is one.

How long was it before you got a reply. When did you send in your claim forms. Thanks.

Poppie68

Lozza123 wrote: »

How long was it before you got a reply.

52 days...i sent the claim by claim form which i confirmed they recieved 12th Jan i emailed them yesterday for and update and today recieved this letter:




Without Prejudice

Please Quote: S10/3086841/MS

Dear Mrs xxx

Thank you for your correspondence.

Here at Thomson Airways, we are committed to on-time performance across our flying programme. Doing everything we reasonably can to get our aircraft to their destinations, and you on holiday, safely and on time is really important to us.

We invest significantly in operational initiatives, engineering excellence and having a modern fleet; they all help to keep the frequency and duration of delays to a bare minimum. As a result, for the past few years, Thomson Airways has been one of the best performing airlines in the UK and has been able to keep the title of most on-time charter airline.

Very occasionally, though, and despite our very best efforts to prevent delays, they can occur and we are truly sorry that your flight was delayed in the way that you have described.

Delays are always a disappointment for us, not only in respect of the effect that they have on passenger enjoyment and comfort, but also as there is a real financial cost to us in circumstances which are almost always not our fault. That cost makes offering the best value fares and holidays much more of a challenge.

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

The European Court of Justice has confirmed that, as the Regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

Keeping an eye on the purpose and spirit of the Regulation and doing that while continuing to deliver real value to our customers is a challenge that can only be met by applying the law robustly and not making payments where there is no entitlement. If we didn't apply the rules in this way, prices would need to rise for you and all other customers.

Thank you for taking the time to contact us. And rest assured that we are doing all we reasonably can to ensure that your future flights with Thomson Airways arrive on-time.

(Text removed by MSE Fprum Team)


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Lozza123

Thanks for your reply poppie. It's absolutely disgraceful, my claim forms were signed for on 17th dec. I've sent 2 e-mails and had no reply to those either. You need to take your claim further as all they seem to be doing is fobbing people off and hoping they will drop it.

Mark2spark

Poppie68 wrote: »

So the letter starts off tlling them what i am claiming for then the last parargraph states that i will proceed with legal action against them if they comply (so to speak). Are they correct when they say that the European court did'nt stipulate how far claims could go bak so Thomson are using UK law?

The EU court said that it's up to each member state of the EU to have their own laws in place on limitations in which to bring a claim.

In the UK this is SIX years!

Thomson know this and are fobbing you off. Don't mess around any longer. As soon as the 14 days notice period is up, file a court claim.

A_Flock_Of_Sheep

I am rather cross with Thompson. When we called up they seemed very friendly and willing to assist. Despite the 56 day time but because they seemed helpful I thought that it seemed reasonable to wait. When we called them on the phone the person said the time limit was 6 years!!!

Yet now reading here it seems they appear helpful and willing only 60 days later to fob people of and quite frankly lie about time limits.

We sent off a letter giving them 14 days to pay - it was the one from Which? It mentions that if they do not respond we may take legal action. Is this letter a LBA? And if they do not respond in 14 days or fob us off can we just go for the jugular and file a small claim?

Mark2spark

A_Flock_Of_Sheep wrote: »

I am rather cross with Thompson. When we called up they seemed very friendly and willing to assist. Despite the 56 day time but because they seemed helpful I thought that it seemed reasonable to wait. When we called them on the phone the person said the time limit was 6 years!!!

Yet now reading here it seems they appear helpful and willing only 60 days later to fob people of and quite frankly lie about time limits.

We sent off a letter giving them 14 days to pay - it was the one from Which? It mentions that if they do not respond we may take legal action. Is this letter a LBA? And if they do not respond in 14 days or fob us off can we just go for the jugular and file a small claim?

No need to contact Thomson again. In 14 days time file a MCOL. Any further letter writing is a waste of time and energy.
Be aware that the above letter you mention, giving them notice of impending court action unless they settle, HAS to be addressed to the company secretary at the registered address. (for it to be legally valid) (All explained in the FAQ's)

A_Flock_Of_Sheep

The address used on the letter was sent to the Thompson address from the blue link on the FAQs at the start of this thread. It was:

EU Delay Claims
Thomson Airways
Wigmore House
Wigmore Lane
Luton
LU2 9TN

Is this wrong? As it does not say company secretary

A_Flock_Of_Sheep

Centipede100 wrote: »

Company Secretary
Thomson Airways Ltd
TUI Travel House
Crawley Business Quarter
Fleming Way
Crawley
West Sussex, UK
RH10 9QL

Thanks. How come the FAQs address for Thomson is not the one you just wrote? We sent our letter yesterday to the FAQs address. Have we done this wrong now?

A_Flock_Of_Sheep

So should we send the letter again to the registered address? I can't seem to find the Thomson registered address as part of the FAQs that mark said to refer to