Flight delay and cancellation compensation, Tui/Thomson ONLY

Wight_Rabbit

I take back the remark that the Thomson legal team helpline were helpful. We asked three times on Friday for Mr Baxter to call us to discuss the 2 year letter which allegedly was spawned from his department. no phone call was returned.

We did get a call though from After Travel who curtly informed us that neither Mr Baxer or the legal team speak to the public so won't return our calls. How exceptionally rude and discourteous.

Thomson always seem so helpful when it comes to buying a holiday from them too. Who could have guessed they could be so rude and unprofessional in the realms of after sales service.

The operator then went on to emphasise that Thomson stand by their letter we all seemed to have received and decision that the limit for claims is two years and that they received advice on this from one of the best legal companies in the country. Wonder who that was? Their outsourced firm that has been mentioned here I am guessing.

Poppie68

Centipede100 wrote: »

If every claimant that receives this '2 year letter' sent a copy of this to the CAA as part of their claim and insists that the CAA take some form of action, it might just provoke the statutory body to do just that!

Yep totally agree, i have contacted CAA and attached the '2 year' letter and all other correspondance i had with TUI, CAA are now investigating.

DebnGraeme10

Hi, we have been reading through all the posts for help and advice and we are wondering what to do now. We were delayed from Geneva for 24 hours in January 2013, this was due to the airport being cleared of snow which took an hour, then sitting on the plane a further 3 hours until the pilot went over his flying time which he told us was a maximum of 13 hours. he tried to get a replacement pilot to fly us home but there was none available so we were took off the plane and put in a hotel over night then 24 hours later we eventually flew home. We sent a claim letter to Thomson on 27th January 2013, got the standard letter back that this was received but heard nothing more. My husband phoned Thomson 2 weeks ago and was told the letter had been received ( i knew it had as i sent it special delivery) but nothing more had been done, no updates or notes regarding our claim was on file and was told basically they had nothing to inform us at this point. The delayed flight was on 19th January 2013 and after reading here how long Thomson are taking, do we send another letter or just fill in a court claim now? :mad:

richardw

Do you think a District Judge would agree that they should have standby crew at Geneva?

Mark2spark

I think i'll give up now.
I've posted twice on here about the two year delays, the last one yesterday at post # 323

http://forums.moneysavingexpert.com/showpost.php?p=59864013&postcount=323

and the following 5 posts were all to do with the 2 year letter. In fairness the first two were just giving info, not asking the same question.
So clearly people don't read anything, and they look to the forum as if it's a personal service being offered by way of reply.

jrobinson4

I've just received one too!!!

Wight_Rabbit

Maybe a separate new thread for the Thomson two year letter is in order. Just the the Monarch denied flights thread.

Thread Heading: Received the Thomson 2 year limit letter??

Contents: link to the relevant 6 year legislation, tell people to forwardnto the CAA, postbthe name and number of the Thomson legal team and then invite people to state if the had the letter so we all know the rough numbers of MSEs Thomson are trying to fob off?

blondmark

Gooseman41 wrote: »

Hi. I too have received the 2 year letter. I have written and posted my NBA letter with regard to my two claims, one from 2010 and 2011. I thought out of interest I'd ring up and question the 2 year stance and why it was blatantly wrong. The lady said that they were well aware of the 6 year rule but according to guidance from the Supreme Court the claim had to be made within 2 years?

I will still write but wanted others thoughts or interpretations of this.

Thanks

The Supreme Court in Parliament Square London SW1 has never issued any guidance on time limitations for bringing 261/2004 claims. Even if it had, which it has not, European law takes precedence over national law.

Be under no illusion, this is not an innocent mistake on Thomson's part. Thomson is deliberately lying to its passengers by inventing non-existent law that is cynically calculated to evade their legal responsibilities to them.

This is about as low as it gets, and exposes Thomson to potential criminal liability if they repeat those lies to a court.

Magik6

Thanks for this thread, have been monitoring it closely & had some spare time this morning to act further with my claim.

April 2011 - Flight delayed by 11 hours to Holguin Cuba with Thomson. 2 Passengers. Was given letter at the airport to state flight was delayed due to technical issue on the previous rotation.

May 2011 - Sent letter requesting 1200 Euro's compensation based on Sturgeon case - No reply whatsoever

Feb 2011 - Sent another letter (Recorded Delivery) requesting compensation in light of ECJ ruling for 1200 Euro's - No reply again.

March 10th (Today) Completed MCOL form & paid £70 for court claim to be processed.

Will update as soon as I hear anything, my guess based on what I have read on here is that their defence will be a load of BS on whatever they decided to come up with based on their original reason of 'technical issue on previous rotation'

My stance is that whatever they decide to use will have to be evidenced in full with original documents proving this to the court on the date of the hearing.

Would be good to hear in particular from Centipede100 his thoughts as he has been very helpful in this thread.

Cheers & good luck to everyone else dealing with these muppets at Thomson.

Mark2spark

You might need to edit the year dates you've given above magik