Flight delay and cancellation compensation, Tui/Thomson ONLY

Mark2spark

I've added a new thread explaining this 2 year claim better (hopefully ) with links.

https://forums.moneysavingexpert.com/discussion/4489367

moriarty888

Mark2spark wrote: »

What has happened between Sep 2012 and now? I can't believe you haven't filed for court yet.

I had to wait for the result on the appeal at the end of October. I then rang Thomson on 25th October 2012 and they said that as a result of the appeal they were now working through claims and to give them 4 -6 weeks, which I did. They then sent through claim forms, which I duly sent off and the 56 days has only just passed.

There is no point reverting to court action until you have at least given them time to adher to their own deadlines. The courts do not take a kindly people not trying every path available to them first.

I am patient though. I will give them one more week over the 56 days and then I will call them to let me know that the matter will need to be passed to the CAA and the courts.

This isn't money which I had anyway, this is compensation for inconvenience, so I am not out of pocket due to Thomson and in need of the money, but the courts have deemed that they should be punished for inconveniencing us and I agree and am happy to make my claim for this money. I missed a day of my precious holiday and as it snows outside my window in March I believe those holidays are very important!;)

blondmark

moriarty888 wrote: »

There is no point reverting to court action until you have at least given them time to adher to their own deadlines. The courts do not take a kindly people not trying every path available to them first.

Are you quite sure about that? So if I'm an airline and stipulate a year to consider claims, another year to argue them, and a further year to make an offer, then you as a passenger must adhere to my deadlines? This is exactly what the airlines want their passengers to believe, and there's absolutely no truth in it.

Instead this process is governed by the Civil Procedure Rules and in particular by the Practice Direction on Pre-action Conduct. 14 days is standard, and if a defendant comes back within that 14 days requesting more time to obtain evidence, then a further 14 days is quite sufficient.

No court in this country will criticise a litigant for complying with the CPR. Courts 'not taking kindly' to claimants who don't jump through hoops for months or years is nothing more or less than a myth.

gibbob666

Hi
I wrote a letter to thomson trying to get Compensation for flight cancelled in 2009. We did not actually leave until the next day so missed a whole days holiday and had to stay in hotel the night. They have said to me this

" The European court of justice has confirmed that, as the regulation doesn't say how long passengers have to bring their claims, we need to look at our national law, the supreme court in the uj has said that all claims to do with "international carriage by air" need to be brought within two years. we therefore cant consider claims for lights that were delayed more then two years ago.

We were travelling from Gatwick to Greece, is this correct what they are saying or are they lying? i would appreciate any help please

moriarty888

blondmark wrote: »

Are you quite sure about that? So if I'm an airline and stipulate a year to consider claims, another year to argue them, and a further year to make an offer, then you as a passenger must adhere to my deadlines? This is exactly what the airlines want their passengers to believe, and there's absolutely no truth in it.

Yes, but they haven't asked me to wait years have they? They asked me to wait for the result of the appeal, which I think is reasonable. Then they started dealing with the claims and asked me to wait a little while to contact people, which I did and they did. They then asked me to wait 56 days to deal with my claim, which I have. I am now giving them a week's grace before acting again.

And yes, I am quite sure about judges getting annoyed when people don't follow internal company procedures before contacting them. I work in the legal profession and look at judgments on a daily basis, and I look at commentary on cases thrown out by irate judges telling people to try and sort things out themselves before bothering them. So as I said, I am quite patient and if it does come to pass that this goes to court, I will hopefully look as though I have behaved reasonably and calmly at all times. Thomson however may not look quite as professional.

PenelopeLadyP

I have received a letter from Thomson in response to my first letter of complaint and request for compensation for a delayed flight in January 2013 to Florida. They apologise for the delay I experienced and have attached information regarding my flight details and length of delay, (6 hours 5 minutes)they state that the delay was due to technical reasons. They also say in their letter that unfortunately, they do not compensate for delays however it may be worth contacting my insurance company as to what I might be entitled to. The attatched letter they sent detailing flight and delays etc is to help with a claim with my insurance company. I have at the ready a template letter re Compensation Claim for delayed flight which I intend sending today. Am I wasting my time here or is it worth pursuing?

eve1_2

My flight was delayed on Christmas Day 2007.
By over 6 hours.
Applied for compensation in December 2012, usinf pro forma, reply from Thomason, fill in form.
I have filled in 2 forms and sent back with all information and evidence.
Letter received back last week to say that Thomson were not recognising any claims over 2 years old, as Supreme Court says so!
Is this correct?
What should I do now??
Gritting my teeth...

Mark2spark

I've had a reply on Thomson's FB page re my ask why they are saying it's two years.

Hi Mark, Thomson Airways use a fair and thorough process to deal with claims for flight delay, we're acting on the basis of expert legal advice given to us by respected aviation lawyers. Our position is that claims can only be made for flight delays 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 this policy is correct. The law in this area is complex and not all claims would be entitled to compensation. ^Adam

I've replied:

Thanks for your reply Thomson_Adam. I don't suppose a link/reference of case number could be provided where the Supreme Court has indicated this please? It's obviously unlike the CAA to get this wrong. It's also surprising that other airlines such as BA or Easyjet are paying out for claims that are older then 2 years as well? Perhaps their lawyers aren't as good as yours huh? (tongue in cheek) lol

spaceaarvark

gibbob666 wrote: »

Hi
I wrote a letter to thomson trying to get Compensation for flight cancelled in 2009. We did not actually leave until the next day so missed a whole days holiday and had to stay in hotel the night. They have said to me this

" The European court of justice has confirmed that, as the regulation doesn't say how long passengers have to bring their claims, we need to look at our national law, the supreme court in the uj has said that all claims to do with "international carriage by air" need to be brought within two years. we therefore cant consider claims for lights that were delayed more then two years ago.

We were travelling from Gatwick to Greece, is this correct what they are saying or are they lying? i would appreciate any help please

You could help yourself just a little bit by reading the last couple of pages of this forum, which have discussed little else!

spaceaarvark

eve1 wrote: »

What should I do now??

Read the advice given to everyone else on this forum who has received the same letter!