Flight delay and cancellation compensation, Tui/Thomson ONLY

Mark2spark

Mark2spark wrote: »

Ask them to prove you wasn't on the flight.

friendofbillw2 wrote: »

As I've said before Mark, that's pretty lame on the basis that you can't prove a negative, and the emphasis is very much on the claimant to prove the basis of their claim in all respects. Being on the flight is about as fundamental to the claim as it gets.

In the absence of boarding passes, passport stamps or receipts / credit card transactions at both ends of the journey, the only way forward is a Data Protection SAR.

I agree Friend of bill2.
But the poster said that they had email confirmation of the booking, and that it was 6 years ago virtually.
Would a court decide that it was 'reasonable' to keep boarding passes and luggage tags from 6 years ago?
I would say not, and 'evidence' of the booking (plus a few holiday snaps for the imaginative) might be enough under the balance of probabilities. And to ask out loud in court whether the airline actually has evidence that you wasn't on the flight might be the next best thing.
All IMO

friendofbillw2

Mark2spark wrote: »

Would a court decide that it was 'reasonable' to keep boarding passes and luggage tags from 6 years ago?

OK, devil's advocate here...

Why do the courts have a statute of limitations of 6 years?

If it's reasonable for the airlines to keep a passenger manifest that long, it's reasonable for the claimant to keep their records that long too.

If the poster is hard up against the 6 year deadline for *starting* proceedings, get the proceedings in immediately and get SAR disclosure while the airline is preparing the defence.

Mark2spark

Once proceedings are underway, and you have a law firm to write to, then a simple request to ask if they want you to SAR or they will drop the point would be the way forward for me.

joolywooly

friendofbillw2 wrote: »

OK, devil's advocate here...

Why do the courts have a statute of limitations of 6 years?

If it's reasonable for the airlines to keep a passenger manifest that long, it's reasonable for the claimant to keep their records that long too.

If the poster is hard up against the 6 year deadline for *starting* proceedings, get the proceedings in immediately and get SAR disclosure while the airline is preparing the defence.

Thanks friendofbillw2 and Mark2spark. On balance I decided to go for the SAR even though I have booking confirmation, holiday snaps (not dated) and at a push may even be able to find a 6 year old credit card bill - just would not want to lose for the sake of a tenner. If the requested info doesn't arrive in time then I'll certainly be asking them to prove I wasn't on the flight! Thanks again for the advice x

F1FSO

In April 2013 i wrote to Thomson's regarding cancelled flight from Mexico to Manchester which happened in May 2010. I received a reply to say that as the claim was not within 2 years of the cancellation (apparently i am 11 months too late) they can't consider it. I then wrote to the CAA and sent them copies of all the paperwork i had sent to Thomson's.My reply from them was that it appears that my flight falls within the scope of regulation EC261/2004 and recent EU case law and they have asked Thomson's to reconsider the claim.I sent a copy of the letter from the CAA to Thomson's asking them to settle the claim. Thomson's have never tried to claim extraordinary circumstances, however they are rejecting the claim solely on the grounds it was more than 2 years before making a claim. Where do i go from here?

111KAB

F1FSO wrote: »

Where do i go from here?

Court - good luck

karl60

F1FSO wrote: »

In April 2013 i wrote to Thomson's regarding cancelled flight from Mexico to Manchester which happened in May 2010. I received a reply to say that as the claim was not within 2 years of the cancellation (apparently i am 11 months too late) they can't consider it. I then wrote to the CAA and sent them copies of all the paperwork i had sent to Thomson's.My reply from them was that it appears that my flight falls within the scope of regulation EC261/2004 and recent EU case law and they have asked Thomson's to reconsider the claim.I sent a copy of the letter from the CAA to Thomson's asking them to settle the claim. Thomson's have never tried to claim extraordinary circumstances, however they are rejecting the claim solely on the grounds it was more than 2 years before making a claim. Where do i go from here?

They didnt try to claim extraoridinary circumstances in correspondence with me either- just the 2 year rule. But when I issued court proceedings they came up with an extraordinary circumstance in their defence.

matt2baker

karl60 wrote: »

They didnt try to claim extraoridinary circumstances in correspondence with me either- just the 2 year rule. But when I issued court proceedings they came up with an extraordinary circumstance in their defence.

Did you specifically ask them if they had a reason for the delay despite being told that the claim was 'out of time', before you took it to the court stage? It's likely that this is their latest method of deterrence, and once you've paid some money to start proceedings, they'll slap an EC as defence. Or did you have some knowledge of the delay reason already? I'm on the same path as you, a bit farther behind tho!

Mark2spark

There appears to be yet another rash - on various threads - where the poster is once again asking "what do i do next", where the question has been asked, and answered, several times before, and is in the FAQ's, without having to look too hard for it.

Why oh why are people not able to find their way to the FAQ's I ask?

As the forum is becoming tedious indeed. :undecided

darkwarrior

Does anyone have any idea of the cost of a SAR to Thompson? I tried searching but nothing immediately comes up.