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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • spaceaarvark
    spaceaarvark Posts: 114 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    SimonD316 wrote: »
    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

    Just got my "limit is 2 years" letter from Thomson.

    My NBA, addressed to the Company Secretary at the RH10 9QL address, says:

    Dear Sir or Madam,

    Delayed Flight Compensation - Notice before Action

    Flight Number: TOMxxxx
    Date: 1st March 2009
    Booking reference: xxxxx
    Passenger Names: Mr xxxxx xxxxxxx
    Mrs xxxxx xxxxxxx
    Amount Claimed: €250 per passenger


    You have written to inform me that you cannot consider claims for flights that were delayed more than two years ago. I would remind you that the time limit for bringing a small claim in the UK is six years, and my claim falls well within this limit.

    Should you neither settle my claim in full nor provide a full defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.

    I look forward to hearing from you.


    Yours faithfully,
  • enc10
    enc10 Posts: 90 Forumite
    I got my 2 years limit letter too.

    Will be replying with a LBA. Why do they think the limit is 2 years when it clearly is not?
  • Bonters
    Bonters Posts: 61 Forumite
    Hello folks, I'm new here, so go easy on me! ;)
    I'm amidst trying to get Thomson to pay compo for a delayed flight from EMA to Funchal back in December 2010. I have today just replied to their assertion that there is a 2 year time ban on such claims.
    My specific interest is within the extraordinary circumstances category. I'm reasonably read up on this subject already, but there's a lot of reading and I'm in danger of losing the will to live! At the time of our 9 hour delay, there were some pretty bad weather conditions in parts of the UK, but NOT at East Midlands on the day in question. Everyone was very evasive about the cause of the delay and as far as we could establish, they just didn't have a crew available (the aircraft was clearly visible on stand throughout the delay). I just wonder if the Airline will be able to rely on the 'knock-on' effects of weather conditions in other parts of the Country, as opposed to our chosen point of departure? That is just about the only line of defence I can think of for them, but nowhere can I find specific opinion on that aspect. To date they have not raised the question of extraordinary circumstances at all, but are using anything else they possibly can and I anticipate it will be held in reserve for the final stages.
    Thanks for any advice
  • SimonD316
    SimonD316 Posts: 331 Forumite
    Part of the Furniture Combo Breaker
    As I thought I got my 2 years letter this morning, and am writing back with a NBA right now...
  • WHUSteve
    WHUSteve Posts: 18 Forumite
    WHUSteve wrote: »
    Just phoned Thomson, and spoke to a very helpful member of staff who took my address and said he'd send out 2 claim forms ASAP. He explained that 1 form is for the lead passenger (me) AND children, and the 2nd form for my wife.

    The only details he needed were my name and dates of travel.

    Fingers crossed for me, and good luck to everyone else

    2 weeks on, no forms.

    Just phoned again and got another helpful lady called Laura, whos informed me that my claim has been logged as of 2 weeks ago, and the legal dept had told the claims dept to 'forget the forms, just get details and we'll look straight into it' , as the forms procedure had them inundated.

    I asked if there was anything I had to do, she said no, my claim is in, and she put another note on my file.

    my 56 days are up on april 17
  • mcconnell
    mcconnell Posts: 45 Forumite
    Hi,

    All you experts out there hello:))

    I need a little help please.

    I sent of my letter to thomson for flight delay back in 2009 and got the standard letter reply today stating about the two years.

    I am happy to send another letter stating about the 6 year but my question is I dont have the booking reference number, and i am not 100% sure on the flight number, (i have checked on flight stats and nothing is showing at all) but i do have the passport stamps and know the flight was delayed 27 hours.

    If it does come to the stage of court will this be enough proof?

    thanks if you can help.
  • Hello! We have received this morning a letter from Thomson that says:

    "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".

    What do we do now? Is that the end of it?
  • I just got my 2yr letter today!
  • I just got my 2yr letter today!

    So it seems anyone with a claim more than 2 years ago is being given an automatic Fob Off letter. Mine was signed by a Sophie Andrews.

    Tel: 0844 854 0049 - is there a cheaper landline equivalent number for this?

    I googled the "international carriage by air" part and it returned with something called The Montreal Convention.

    Centipede100 - is this the end of the road for us? :(
  • jamesh
    jamesh Posts: 239 Forumite
    I wonder what I will get.

    My flight was delayed on the 29th Jan 2011.

    They had the claim form on the 8th Jan 2013.

    So under 2 years, at the time of receipt.
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