Flight delay and cancellation compensation, Tui/Thomson ONLY

ruthiec1972

Got what I guess is our final letter from Thomson basically saying, we've already told you what our position is and you're not entitled to compensation so go away and leave us alone. Was hoping it wouldn't get to this but "hi ho hi ho it's off to court we go". We don't need to tell them our next step do we? Thanks

Vauban

Ruthie: Not if you've already written a letter to them indicating that legal action will commence within a period if a satisfactory response not received.

ruthiec1972

Thanks Vauban, our last letter dated 10th September told them that we had decided to go straight to the small claims court rather than through the CAA and that is the one they replied to. So we're good to go?

Rooonaldo

BlackBess wrote: »

Congratulations on your success:beer:
I'm in the process of taking Thomson's to court, our delay was also due to a hydraulic leak discovered before take off. Any further advise particularly relevant to a hydraulic leak? Thanks in advance.

I wouldn't get too wound up about the actual defect.Read Wallentin and try and understand the issues.It is for Thomson to prove EC apply and that they took all reasonable steps.

Miss_Intent

Hi Everyone

I am another new person on this forum, so please forgive me if I make any mistakes.

I sent a letter to Thompson's on the 27-8-13 as my flight from Leeds to Dalaman was delayed by 4 hours and 10 mins.

I received a response on the 19-9-13 to advise me that the flight was delayed, due to a technical defect being detected prior to a previous scheduled flight. Therefore the cause of delay is extraordinary circumstances, as the technical issue with the aircraft was not due to poor maintenance, and is not something that could have been foreseen.

They then quote Nelson v Luftansa and Wallentin-Hermann v Altalia and basically state that while continuing to deliver good customer service is a challenge and can only be met by applying rules robustly and not makng payments where the delay is not their fault.

I knew that I probably would get nowhere with my first letter. So my question now is do I now send the template letter to the CAA? or any other suggestions would be very welcome.

I appreciate there is a lot of advice on here, but I am not very confident with my case. So would really appreciate any feedback.

Thankyou.

richardw

Miss_Intent wrote: »

..I am not very confident with my case....

If you had a good case would you want to attend a hearing at the County Court?

If not, have a look at the this thread https://forums.moneysavingexpert.com/discussion/4703719

kevinyork

Miss_Intent wrote: »

Hi Everyone

I am another new person on this forum, so please forgive me if I make any mistakes.

I sent a letter to Thompson's on the 27-8-13 as my flight from Leeds to Dalaman was delayed by 4 hours and 10 mins.

I received a response on the 19-9-13 to advise me that the flight was delayed, due to a technical defect being detected prior to a previous scheduled flight. Therefore the cause of delay is extraordinary circumstances, as the technical issue with the aircraft was not due to poor maintenance, and is not something that could have been foreseen.

They then quote Nelson v Luftansa and Wallentin-Hermann v Altalia and basically state that while continuing to deliver good customer service is a challenge and can only be met by applying rules robustly and not makng payments where the delay is not their fault.

I knew that I probably would get nowhere with my first letter. So my question now is do I now send the template letter to the CAA? or any other suggestions would be very welcome.

I appreciate there is a lot of advice on here, but I am not very confident with my case. So would really appreciate any feedback.

Thankyou.

Their answer is not an EC but if you are not confident I would suggest using a no win no fee claims firm who can handle it for you.

Miss_Intent

Thankyou, richardw and kevinyork. I am still not clear on if I should send a letter to the CAA or go to small claims court. The thing is if I knew that I had a chance, I would go for it, and I would prefer to stay away from the no win no fee, if possible.

Vauban

Miss_Intent wrote: »

Thankyou, richardw and kevinyork. I am still not clear on if I should send a letter to the CAA or go to small claims court. The thing is if I knew that I had a chance, I would go for it, and I would prefer to stay away from the no win no fee, if possible.

You definitely have a chance - and a very good one at that. But it will require effort and research. The fact that you think the CAA might be useful suggests you've got quite a bit of reading up to do!

Miss_Intent

Okay and thanks. I am just going off Martin's website and one option after contacting the airline directly, was to write to the CAA and they can investigate. Am I being naive? I don't for one minute think this will be easy and am happy to go small claims but I'd rather not.