Flight delay and cancellation compensation, Tui/Thomson ONLY

Orange_Smartie

David_e wrote: »

I'm confused! Did you mean that you sent 5 forms? Is that 5 separate claims and 5x fees?

How does that differ in xsally83x's case?

I sent one Claim Form (3 copies of) with all 5 claimants listed on the form. I sent in 1 fee (you pay a fee based on the value of the total claim). I also sent in notice of Litigation Friend for both of my children.

Orange_Smartie

xsally83x wrote: »

thank you for your help why is it better by post?

It's not that it's better by post, it's more that you can't do it online if there are more than one claimant.

SEW56

A question about raising a complaint through the 'CAA' of France. Has anyone done this and can you advise? I have gone to the French DGAC website via the UK CAA website but my French is not good enough!

The CAA will not deal with flights originating from outside of the UK as I guess you all know.

Fyi, I am currently pursuing Thomson for a delay in February 2011. They are playing the 2 year rule card which I have rebutted though they have essentially admitted that the delay was their fault as they have not played the extraordinary circumstances card. I WILL go through the small claims process having used this route on other matters before and am about to issue them notice of this.

To be honest... if Thomson had responded with care and apology when I originally complained just after I returned from the flight and if the delay at the time had been handled properly I may not now be taking this action. So though I am just a small fish I have decided to take this as far as I can.

SEW56

Would really appreciate knowing what the CAA say as it is clear that Thomson are trying to scare people off by playing the 2 year card. They are playing that card with me. I believe they simply want to force people to go to the small claims court where (for the few that are prepared to go that far) they will not contest. However as I know by experience winning in court is not always the end and you may have to get a court order to then enact the court judgement through bailiffs.

In fact I complained and sought compensation only days after the flight but they say that because I did not claim compensation quoting regulations at that time it does not count. I have responded saying that I should not have to do that!

jfboyo88

Advice required....I am claiming compensation,from Thomson(First Choice)for a delayed flight in 2007.In all the correspondence I have received from Thomson to date,they have not claimed that there were exceptional circumstances but have only claimed that the claim is outside their two year limitation.Can they add the exceptional circumstances at a future date despite the fact they have not used them before?.The flight was cancelled for 24 hours because they had no crew available!! I have involved the CAA as well. Just waiting for responses. Thanks in advance.

David_e

jfboyo88 wrote: »

In all the correspondence I have received from Thomson to date,they have not claimed that there were exceptional circumstances but have only claimed that the claim is outside their two year limitation.Can they add the exceptional circumstances at a future date despite the fact they have not used them before?.

I think they can do what they like if it comes to court but, if it does, you should make sure any inconsistencies, etc., are highlighted. If there are any obvious untruths suggested in the chain of correspondence make sure these are referred to in your claim.

bripar

David_e wrote: »

Thanks. This is very helpful. So as far as the adults are concerned, are you just putting your name and claiming as "lead passenger" (did you actually use that term?) and then added the child with the N235? Presumably the claim refers to teh number of travellers but did you also nakme them in the claim details?

On the original claim form I put just myself as claimant and in the particulars of claim stated I was representing the other members of my party as the lead passenger. However after reading previous comments on this forum I sent the court an application to amend the claimant so that all persons were named. Hope this helps.

Vauban

jfboyo88 wrote: »

Advice required....I am claiming compensation,from Thomson(First Choice)for a delayed flight in 2007.In all the correspondence I have received from Thomson to date,they have not claimed that there were exceptional circumstances but have only claimed that the claim is outside their two year limitation.Can they add the exceptional circumstances at a future date despite the fact they have not used them before?.The flight was cancelled for 24 hours because they had no crew available!! I have involved the CAA as well. Just waiting for responses. Thanks in advance.

Yes they can, and yes they do. Their court defences set out the Montreal 2 years point, but then say "In the alternative ..." and go on to cite ECs.

Hope your flight was after August, else you are out of time.

blondmark

jfboyo88 wrote: »

Advice required....I am claiming compensation,from Thomson(First Choice)for a delayed flight in 2007.

Just checking in case you didn't know that unless you have issued proceedings within 6 years of your flight, you cannot claim anything.

David_e

bripar wrote: »

However after reading previous comments on this forum I sent the court an application to amend the claimant so that all persons were named. Hope this helps.

It certainly does, thanks.

There does apperas to be some confusion (certainly mine!), eg, http://forums.moneysavingexpert.com/showpost.php?p=62692239&postcount=2270

You said in another response that "... form N235 for each child to apply to be a litigation friend and represent them at the hearing. They are happy for one person to represent other adults", so I think that covers the process end to end.