Flight delay and cancellation compensation, Tui/Thomson ONLY

A_Flock_Of_Sheep

Sorry to sound thick but I am a bit confused now two addresses have appeared. We sent a letter asking for payment within 14 days or we may take court action. This was sent to the FAQs address thinking that was the right place. Is this now wrong and it should have been sent to this address you now post? Can you un muddy the waters for me?

Mark2spark

Send the same letter to both address' Flock of sheep.
The one in the FAQ's is the main address for claims to be sent to.
The Crawley address is the Company's registered offices and that's where legal documents must be served at.
So print off a copy and send it to Crawley as well.

blondmark

Mark2spark wrote: »

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)

I'm not sure that the Civil Procedure Rules on service on a company are quite that strict. Part 6 allows service on any person holding a senior position within the company and, in the absence of the airline providing a specific address for service, then service can also be made at any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.

matt2baker

My letter to Thomson for 2 claims was sent 17th Feb 2013 - but have not had any communication from them yet. I telephoned them just now on 0844 871 0882 and a very helpful lady advised that they had indeed received my letter on 19th Feb 2013. With the large amount of letters being received at present, they are advising that I should hear within 56 days (although she was surprised that I hadn't received a confirmation letter by now, which was the reason for my call to check they had received it). This is also a duplicate of information posted by others on here too.

Now its 'sit and wait' time........

blondmark

matt2baker wrote: »

My letter to Thomson for 2 claims was sent 17th Feb 2013 - but have not had any communication from them yet. I telephoned them just now on 0844 871 0882 and a very helpful lady advised that they had indeed received my letter on 19th Feb 2013. With the large amount of letters being received at present, they are advising that I should hear within 56 days (although she was surprised that I hadn't received a confirmation letter by now, which was the reason for my call to check they had received it). This is also a duplicate of information posted by others on here too.

Now its 'sit and wait' time........

... or better still it's 14 days to service of proceedings time ...

Mathew

Hi there, following a 21 hour delay to Cancun in Jan 2011 I have been using solicitors through my home insurance. I still haven't heard a thing from TUI for nearly a year. Today the solicitors finally sent my papers to the Court for issue. They seem to think when the Court papers land at TUI they may pay up rather than go to court... I'm not holding my breath

blondmark

Mathew wrote: »

Hi there, following a 21 hour delay to Cancun in Jan 2011 I have been using solicitors through my home insurance. I still haven't heard a thing from TUI for nearly a year. Today the solicitors finally sent my papers to the Court for issue. They seem to think when the Court papers land at TUI they may pay up rather than go to court... I'm not holding my breath

That's the logical conclusion anyway - there's little point in them spending money litigating a claim when the law is against them, particularly when you're legally represented. Best of luck.

happychap7

Hi
Just going through the MCOL process in relation to both my Thomson flights 21/05/10 and 04/06/10 being delayed. How do you put the company secretary into the relevant box, it allows you to make a claim against an organisation name or against an individual. 1080 characters in relation to what you are claming for, do you just quote the EC Reg 261/2004 and give details of what flight delays you had. Do you claim interest from the day your flight was delayed until present day. Do I have to do anything else as it talks about sending documents to the organisation you are claiming against. Any help would be appreciated.
Thanks

SimonD316

My parents are claiming for a 6 hour delay back in May 2010 and have had the '2 year' letter. I'm fully expecting one when I get home too.

Is there a LBA template reminding them of the 6 years in UK law?

Thanks

SimonD316

I've just found this.. http://recent-ecl.blogspot.co.uk/2012/11/two-more-decisions-concerning-air.html

Today, the Court of Justice of the EU has released two judgements which European consumers/travellers might want to know about.
In the first one, Case C-139/11 (Joan Cuadrench Mor! v KLM), it established that, in the case of passengers seeking damages for the cancellation of a flight under Regulation 261/2004, the time-limits for bringing an action are to be determined by the Member States in accordance with the principles of effectiveness and equivalence in relation to the procedural rules laid down by national law in respect of similar situations. Since the Regulation put in place a system of protection that is additional to those laid down in the Warsaw and Montreal Conventions, the two-year time-limit provided by those treaties does not apply.