Flight delay and cancellation compensation, Tui/Thomson ONLY

greeneyedlad

shambellio wrote: »

Hi all I am also new to this. I want to fight Thomson's all the way on this issue- for the principle! they put profits before customer service and that is a no no for me. rant over. I complained regarding my 8 hour delay from Cancun to Gatwick on 10th Jan 2013 TOMO93. Like many I have read here, they have tried to fob me off saying my plane was delayed due to "an in flight technical problem experienced on an earlier flight from the Maldives" and was not a result of any shortcomings in maintenance and therefore could not be foreseen! Not sure about that one, and the pilot on that flight announced they had been trying to get over a delay caused 4 days earlier!!! no mention of this in the letter. No wonder people don't trust this company and this process. They are sticking two fingers up at the Law and their customers. Was anyone on this flight? would love to see if they heard the pilot saying this too and any advice would be great. I have passed it to the CAA but will go to court if necessary and if so, it will be in Glasgow so they wont be able to be late with their submissions there:-)

Hi Shambellio
I was wondering how ur getting on with this as im also in Scotland where the Small Claim Procedure is different.
But im more interested because ur delay was due to knock on effect from an earlier flight, which is very similar to the excuse they gave me for my flight.
I believe the knock on effect excuse is a bit of a grey area when going to court!
Many Thnaks
Martin

greeneyedlad

Hi Im going to court with Thomson on the 19th Sep.
They sent me;
"As part of our investigation I have checked our flight reports and can see your flight was delayed due to a technical defect being detected prior to a previous scheduled flight.
This then caused a knock on effect to your flight.
The aircraft is unable to be legally dispatched with this defect.
Therefore the cause of this delay sits under Extraordinary Circumstances, as the technical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen."

Then;


"We are not obliged to release any further internal information surrounding your delay."

Can they really NOT give me any further info on what the "technical defect" was on the previous flight??[SIZE=-1][SIZE=-1]

[/SIZE][/SIZE]I feel like im going into court blind [SIZE=-1][SIZE=-1]

[/SIZE][/SIZE]

Scotsnomad

I understand that claims cannot be initiated against the airline if due to weather. However I feel in my case, and those of the other passengers onboard, this is an extenuating excuse and was down to poor management planning.

We were out in Tunisia at the beginning of the year (May) with a return flight from enfidha to Glasgow. This flight would then leave from Glasgow back to Enfidha before returning to EMA (East Midlands)

All the passengers were booked in at the airport and advise after that there was a 2 hr delay, during the day this increased to finally be appx 12 hrs. Passengers complained that they knew of this extended delay and should have remained at the Hotels.

We were however given the necessary victuals at the to keep us going through the agreement of the Airline.

One return to the UK I decided to attempt to make a claim (Initially not knowing about the weather clause). In basic terms I did not agree with the thinking/stance of the airline. My reason was that there had been sufficient time to make alternative arrangements the night before to prepare for the weather that was due to hit East Midlands Airport. With the aircraft being moved to an alternative airport so the delay would have been a lot less than the 12 hrs we incurred.

Subsequently the flight was delayed and then Thomsons had to source an alternative aircraft to undertake the flight to Enfidha run

The passengers who had been due to on the EMA flight were then shuttled by bus to London Heathrow to catch this aircraft and then headed out to Enfidha. The aircraft on landing was serviced and the passengers embarked to fly to Glasgow. This delay had a knock on effect that the return flight from Glasgow to Enfidha was delayed but the passengers bound from Enfidha to EMA on this flight were not as another aircraft was used.

My problem was that even though there was no problem with weather at Glasgow we suffered the affect of the poor planning of the management of Thomsons with being delay for 12 hrs.I put this to Thomsons however they refused to accept responsibility for the delay against citing weather even after I put it to them that they had know the night before, had sufficient time to replan the flight and that really this was down to poor management planning.

Am I right in my thinking

laticsforlife

greeneyedlad wrote: »

Hi Im going to court with Thomson on the 19th Sep.
They sent me;
"As part of our investigation I have checked our flight reports and can see your flight was delayed due to a technical defect being detected prior to a previous scheduled flight.
This then caused a knock on effect to your flight.
The aircraft is unable to be legally dispatched with this defect.
Therefore the cause of this delay sits under Extraordinary Circumstances, as the technical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen."

Then;
"We are not obliged to release any further internal information surrounding your delay."

Can they really NOT give me any further info on what the "technical defect" was on the previous flight??

I feel like im going into court blind

OK so you are in Court only 6 days after me, and I got my bundle from Thomson (i.e. their Disclosure) less than 6 days ago.

Have you had this package from them as lodged with the Court (and are you about to lodge your own to the Court)?

That will have much more detail but the problem is you will have submitted your package to the Court already by the time you see what their evidence is (other than it was an EC).

In my case this was the first time I really saw what they say was the reason behind the EC, and to be honest it has more holes than a Swiss cheese!! I fully expect to be able to drive a truck through these holes if it comes to Court (and its looking likely as I only have one more day before the 7 days before date arrives and my £165 Court hearing fee stays payable).

I think I am ready, and have all my evidence for it, only now wondering how much they are going to try and argue Montreal (I'd expected that part to fall by the wayside quite quickly, but now perhaps not - especially as their EC argument is so weak, IMO).

jigsaw1945

Our claim for compensation has been going on for 18months. We referred it to CAA and they sent the claim back to Thomsons to be looked at again . Waited weeks again and rang Thomsons who said they had received nothing from CAA which we find unbelievable, Also said it was over 2 years since the delay so we were out of time which is not true. There claims department are really rude. They finally said they would look at it again, But this was early August and not a word. They seem to be a law to themselves and know a lot of people will not take it further. What would it cost to take it to small claims court

kenpeo

tomorrow 6th Sept, is 28 days since I had a reply from Thompsons saying they would defend the case in the small claims court, am I right in now asking for judgement?

Chatsw

Hi please help. Had a 21 hour delay with Thomson at the end of June this year. There was a technical fault (apparently anti skid defect) but the knock on from this was that the crew ran out of flying time. Thomson are claiming Extraordinary Circumstances.
The care was abysmal - made to share apartment with two complete strangers, no food or water for 11 hours. No hot water at apartment or bottled water so had to clean teeth in lemonade and the toilet did not work. When finally given meal voucher it did not cover the cost of meal and drink. Thomson are refusing any compensation so what do you think of my case and where do I go from here? Many thanks

JPears

laticsforlife wrote: »

OK so you are in Court only 6 days after me, and I got my bundle from Thomson (i.e. their Disclosure) less than 6 days ago.

Have you had this package from them as lodged with the Court (and are you about to lodge your own to the Court)?

That will have much more detail but the problem is you will have submitted your package to the Court already by the time you see what their evidence is (other than it was an EC).

In my case this was the first time I really saw what they say was the reason behind the EC, and to be honest it has more holes than a Swiss cheese!! I fully expect to be able to drive a truck through these holes if it comes to Court (and its looking likely as I only have one more day before the 7 days before date arrives and my £165 Court hearing fee stays payable).

I think I am ready, and have all my evidence for it, only now wondering how much they are going to try and argue Montreal (I'd expected that part to fall by the wayside quite quickly, but now perhaps not - especially as their EC argument is so weak, IMO).

lactics i assume you have seen the good response to 2 yr red herring in post 2888 by darkwarrior? Looks very useful to me. Include it in your skeleton arguement you submit to Thomson's legal team just before hearing. Good luck.

Chatsw

Thanks will do

JPears

greeneyedlad wrote: »

Hi Im going to court with Thomson on the 19th Sep.
They sent me;
"As part of our investigation I have checked our flight reports and can see your flight was delayed due to a technical defect being detected prior to a previous scheduled flight.
This then caused a knock on effect to your flight.
The aircraft is unable to be legally dispatched with this defect.
Therefore the cause of this delay sits under Extraordinary Circumstances, as the technical issue with the aircraft was not due to poor maintenance and is not something that could have been foreseen."

Then;


"We are not obliged to release any further internal information surrounding your delay."

Can they really NOT give me any further info on what the "technical defect" was on the previous flight??[SIZE=-1][SIZE=-1]

[/SIZE][/SIZE]I feel like im going into court blind [SIZE=-1][SIZE=-1]

[/SIZE][/SIZE]

Presumably you have submitted your detailed statement including copies of all the relevant case law Wallentin, Sturgeon etc to court and to Thomson's legal team? Today is your last day for doing so if your hearing is on 19th September.