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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    nquire76 wrote: »
    .....a Late Take Off Claim for a later flight from Manchester the same day.

    No such thing as 'a Late Take Off Claim' - all claims relate to a delay in arrival at destination airport. You need to supply flight numbers/dates and departure/destination airports for anyone to assist however if you are sure your delay was greater than 3 hours and you know these details you probably have sufficient to submit a claim.
  • matt2baker
    matt2baker Posts: 114 Forumite
    Seventh Anniversary Combo Breaker
    nquire76 wrote: »
    I am interested in a Thomson flight from Manchester and have traced it through 'Flightstats.
    The flight left on time and according to Flghtstats arrived at it's destination, Status 'on time'. However the records for the subsequent return flight is recorded as, Status 'Unknown'
    Upon checking the data for that flights return to Manchester, this is also recorded as, Status 'Unknown'.
    Flightstats elaborate that Status 'Unknown' is caused by conflicting information given to it by different sources.
    Does anyone know of other sources which would be able to clarify the true details of this Flight.
    Both flights, out and return, were due to be completed the same day and were to a European destination.
    The reason for this query is that it could have consequencies to a Late Take Off Claim for a later flight from Manchester the same day.

    Have you looked at the TIMELINE on the FlightStats page for your flight? - its a tab along the same section as Overview/Arrivals/Departures. It would show you more detailed info about the flight, when delays adjustments were logged and the amended arrival/departure times etc etc
  • In June my husband and I had a 21 hour delay from the Dominican. I duly sent off my letter re compensation. We have also incurred expenses- lost wages, taxi home etc. I received a letter today saying 'no comp-exceptional circs...'. Standard letter everyone seems to receive. They say that there was a fault on the plane, but then completely ignore the fact that they accepted in their delay letter we were given when departing the plane that the further delay was then down to cabin crew working over their hours.

    I will be responding on the basis that I don't think that is 'except circs'. Be interesting to see how next they try to palm me off...! :)
  • KMD7
    KMD7 Posts: 14 Forumite
    matt2baker wrote: »
    Sounds like you spoke to the wrong person or department! Ignore that conversation - read page one FULLY of this thread , and then, using the template provided, put your complaint/claim in writing to

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

    asking for a reply/acknowledgement within 14 days

    Yes, there are 2600+ posts on this thread, but you'll get the gist of the procedures and pitfalls by reading the last 20 or so pages on here too :cool: You'll need to do your homework, there's plenty of advice on here, and help available too if you're stuck on a certain area.
    Now the received the expected response denying comp and no explanation of delay other than tech issues. Is an NBA letter now the way to go with this? Anyone else on here follow a claim through Scottish courts with any advice? Thanks but not pursued like this before and determined not to give up.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    KMD7 wrote: »
    Now the received the expected response denying comp and no explanation of delay other than tech issues. Is an NBA letter now the way to go with this? Anyone else on here follow a claim through Scottish courts with any advice? Thanks but not pursued like this before and determined not to give up.

    Yes it is, and yes they have. Do a forum search to find the details. Lyndac40 was a reasonably recent success, I think.
  • KMD7
    KMD7 Posts: 14 Forumite
    Vauban wrote: »
    Yes it is, and yes they have. Do a forum search to find the details. Lyndac40 was a reasonably recent success, I think.
    Planning to use the template from page1, any further advice for content?
  • geewhiz
    geewhiz Posts: 1,129 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I've just had a response to my NBA stating the 2 year rule again.

    "We are acting in the basis of expert legal advice provided by a pre-eminent aviation law QC who has advised us that claims relating to a delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit and we are, therefore, confident that we are adopting the correct legal position."

    Now having read the whole thread here and other places I know they have lost in court with this defence. I haven't been told why the flight was delayed other than in the airport when we were told of technical problems. This was in 2008 and I only have two weeks to start court proceedings in Scotland, do I need to find out further details as to why there was a delay or could I just go ahead and submit my claim to the court now?
  • Good news for us this morning, we had a 25.5hr delay last November coming back from Goa, we sent a letter off in February and got a reply that they had received it and would look into it. Between May and last week I had made 4 phone calls to them to ask what was happening, bonus for us cheque for just over £1000 came this morning. I'm still shell shocked.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    geewhiz wrote: »
    I've just had a response to my NBA stating the 2 year rule again.

    ... This was in 2008 and I only have two weeks to start court proceedings in Scotland, do I need to find out further details as to why there was a delay or could I just go ahead and submit my claim to the court now?

    You are free to start legal action now. Further details are only likely to emerge during proceedings.
  • lolly81
    lolly81 Posts: 7 Forumite
    geewhiz wrote: »
    I've just had a response to my NBA stating the 2 year rule again.

    "We are acting in the basis of expert legal advice provided by a pre-eminent aviation law QC who has advised us that claims relating to a delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit and we are, therefore, confident that we are adopting the correct legal position."

    Now having read the whole thread here and other places I know they have lost in court with this defence. I haven't been told why the flight was delayed other than in the airport when we were told of technical problems. This was in 2008 and I only have two weeks to start court proceedings in Scotland, do I need to find out further details as to why there was a delay or could I just go ahead and submit my claim to the court now?

    I'm in the exact same boat. I've sent them a SAR to get proof that I was on the flight (as I don't have boarding cards) and a FOI request to establish what 'technical problems' caused the delay. I'm trying to avoid any surprises in court. So far they're responded to the SAR but their records apparently only go back to 2010, so they have have sent me no evidence of my booking. Still waiting on the FOI request.. Amusingly in the SAR covering letter they put completely the wrong name (wrong sex even). Just shows how sloppy they are!
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