Flight delay and cancellation compensation, Tui/Thomson ONLY

delvey

Got my court date, 3rd December. Will be asking for advice now doubt

Vauban

Rob: I posted on this last week - new thread "European Union Views on Extraordinary Circumstances", or something.

I'm hurt it made such little impact on your consciousness.

greeneyedlad

matt2baker wrote: »

No-one has commented on the fact that the departure was in September - and you're saying that the Canaries is the same as GMT.....BUT in Sept we are on BST........and FlightStats goes by local time, not GMT or any other version of that.

if I were you, I'd stop the bus and get off, sharpish!

I dont know about the rest of the year or whether its GMT or BST, but in September Gran Canaria IS the sametime as the UK

Vauban

greeneyedlad wrote: »

I dont know about the rest of the year or whether its GMT or BST, but in September Gran Canaria IS the sametime as the UK

Yes - that's right.

If you are certain that the airline is wrong about arrival time, you could always write to the Spanish NEB and ask them. Though they won't reply before your hearing, you can tell the judge this is disputed and you've written to the local aviation authority for confirmation.

But you are still suggesting that, after taking off late, the aircraft was delayed further in flight. Seems unlikely to me - but I wasn't there!

JPears

Vauban wrote: »

Yes - that's right.

If you are certain that the airline is wrong about arrival time, you could always write to the Spanish NEB and ask them. Though they won't reply before your hearing, you can tell the judge this is disputed and you've written to the local aviation authority for confirmation.

But you are still suggesting that, after taking off late, the aircraft was delayed further in flight. Seems unlikely to me - but I wasn't there!

Can you contact the court and ask for a stay pending further enquiries since you have only just received relevant information?

rob_j1976

Vauban wrote: »

Rob: I posted on this last week - new thread "European Union Views on Extraordinary Circumstances", or something.

I'm hurt it made such little impact on your consciousness.

Vauban, thanks for the direction. In the othere thread you have reinforced my own view, that this is nothing more than a wish list from the airlines, and holds no water when measured against the precedents set out in case law.

That Thomson are trying to use draft proposals to reject a claim shows the lengths which Thomson are prepred to go to, to avoid their obligations under EU law.

I have always said that you can tell a lot about an organisation in how they treat you when things go wrong.

Vauban

rob_j1976 wrote: »

Vauban, thanks for the direction. In the othere thread you have reinforced my own view, that this is nothing more than a wish list from the airlines, and holds no water when measured against the precedents set out in case law.

That Thomson are trying to use draft proposals to reject a claim shows the lengths which Thomson are prepred to go to, to avoid their obligations under EU law.

I have always said that you can tell a lot about an organisation in how they treat you when things go wrong.

I agree. The behaviour of some of the airlines is dreadful. But such behaviour is damaging to the companies concerned too. If you allow - indeed encourage - your employees to lie to your customers, it will not be long before the culture of deception takes places throughout the organisation and your employees start lying to you. Values,culture and reputation are precious things in business; good companies do not trash them so readily.

delvey

A few questions
Firstly, in my letter from Thomson originally, the claim that the reason my flight was delayed 'due to damage caused by a third party baggage agent'. Now in there defense they claim it is due to a 'faulty fuel surge valve'. I presume I can use this in court?
And what further reading would people recommend e.g previous cases.
I have until the 30th September to pay my hearing fee. Does this mean I have to send off all documentation by then?

Dan-123_2

Success...

My first post here, and I would like to use it to say thank you to everyone on here who has created the FAQ's and additional advice.

I had a 4 and a bit hour delay on my honeymoon (long haul flight) back in November 2010.

I sent a letter to Thomson in May this year and got the standard 2 year reply back.

I followed this up with a NBA letter which was replied with the 'QC advice' that 2 years is correct and they would not consider my claim.

I then used MCOL to claim via small claims track.

Thomsons response was the standard, we will defend all claims and are not interested in mediation. It was at this point that i found out that the plane had taken some damage on a previous flight and my scheduled flight was affected by the knock on effect.

A couple of weeks ago, the claim was moved to my local court and up until yesterday, i was sitting waiting for a date to be set.

Yesterday i received a call from Thomson Legal offering me 50% settlement plus the court costs I had paid out. (Plus 8% interest from when they received the first letter from me)

Although I fancied my chances in court, I decided to accept the settlement offered, as i always told myself from day one that I would be more than happy with 50%. (I claimed for 600 Euros each for myself and my wife, so will be getting just over £500)

As far as i am concerned, this has been a good result.

Without these forums, i would never have had the confidence to take Thomson to court... and in turn would have not have received a penny.

I hope others will read this, and take further confidence that Thomson will do the right thing... but only if you threaten court action on them.

Its a shame that we have to do this, but i can kind of see why they use these delay tactic to avoid paying people out. (Some banks use the same trick to avoid PPI replayments)

JPears

Dan-123 wrote: »

Success...

My first post here, and I would like to use it to say thank you to everyone on here who has created the FAQ's and additional advice.

I had a 4 and a bit hour delay on my honeymoon (long haul flight) back in November 2010.

I sent a letter to Thomson in May this year and got the standard 2 year reply back.

I followed this up with a NBA letter which was replied with the 'QC advice' that 2 years is correct and they would not consider my claim.

I then used MCOL to claim via small claims track.

Thomsons response was the standard, we will defend all claims and are not interested in mediation. It was at this point that i found out that the plane had taken some damage on a previous flight and my scheduled flight was affected by the knock on effect.

A couple of weeks ago, the claim was moved to my local court and up until yesterday, i was sitting waiting for a date to be set.

Yesterday i received a call from Thomson Legal offering me 50% settlement plus the court costs I had paid out. (Plus 8% interest from when they received the first letter from me)

Although I fancied my chances in court, I decided to accept the settlement offered, as i always told myself from day one that I would be more than happy with 50%. (I claimed for 600 Euros each for myself and my wife, so will be getting just over £500)

As far as i am concerned, this has been a good result.

Without these forums, i would never have had the confidence to take Thomson to court... and in turn would have not have received a penny.

I hope others will read this, and take further confidence that Thomson will do the right thing... but only if you threaten court action on them.

Its a shame that we have to do this, but i can kind of see why they use these delay tactic to avoid paying people out. (Some banks use the same trick to avoid PPI replayments)

Glad you got a result, but please tell me you haggled and didn't accept the first offer of 50% without pushing for more? They wouldn't have offered unless they didn't fancy their chances in court.