Flight delay and cancellation compensation, Tui/Thomson ONLY

dpk001

hi,having booked our holiday to mexico for January it said at the time of booking "hurry last 2 rooms". not wanting to lose out on the rooms I booked it, now they have plenty of the same rooms for £600 less than I paid!!! can they do this

markavo1

dpk001 wrote: »

hi,having booked our holiday to mexico for January it said at the time of booking "hurry last 2 rooms". not wanting to lose out on the rooms I booked it, now they have plenty of the same rooms for £600 less than I paid!!! can they do this

what bit of your post is in relation to a flight delay???:mad:

dpk001

was just a question on a forum about Thomson markavo1,didnt realise you had the monopoly on what could be asked. thanks for the sarcasm thou, hope it made your day.

Thesiteagent

Without any sarcasm intended, The clue is in the title to this forum
Flight delay and cancellation compensation, Thomson ONLY.:beer:

JPears

Like he said. but in answer to your question, yes they probably can.

RM2013

RM2013 wrote: »

I sent my letters, which Thomson eventually responded to and the court served them the summons at the same address. The following as it is written.

Thomson Airways
Wigmore House
Wigmore Lane
Luton
LU2 9TN

I'm assuming that if I got a response from them at this address then the summons would have been served successfully.

Low and behold, phone call received today at 3:15pm from Thomson Legal Team assuring me that payment will be made within the next 7 days.
I won't break out the champers just yet.

jayw996

I am currently trying to get compensation to a 24 hour delay in 2010 on a flight to the Maldives. Thomson are currently saying it's over 2 years so tough. However I first complained when I got back from the holiday in 2010 and was told there is no compensation policy? So as I see it the 2 years they are stating is actually a 6 year cut off period and even if they are right and it is 2 years, I did complain in 2010 and they ignored the law that existed at the time. I would agree with all on this forum, their customer service is shocking!

LULU5779

Hi all,

I had my day in court today.

I initially wrote to Thomson on the 31st January this year and received the usual 2 year rule. Then eventually went down the route of MCOL.

I put myself as the claimant and used the claim particulars to state I was acting on behalf of my husband and daughter as a family. I have had no issues with this through I court process. I also made the error of state the defendant was TUI instead of Thomson and had no problems with this either.

Thomson's defence was 2 year, and EC crew hours for volcanic ash.

I received a letter last week saying they would be requesting a stay until the Dawson case is decided.

Today was just me v the barrister they had employed.

First up was the request for the case to be stayed due to the Dawson appeal. I stated my arguments being More and even through in the list of out of court settlements and court wins against the Thomson under the 2 year rule. However the judge said it was out of her hands and would agree for the case to be stayed. Their argument is that the MC then became an ACT in law and therefore over rules More. At this point I could tell the judge didn't take a particular liking to me and I felt the case going down hill from there.

Then she agreed to hear the second part i.e the EC. I felt really unprepared even though I knew my points. I had my arguments which their barrister seem to twist and use to his advantage. He had loads of references and made the whole thing seem very easy. The judge was agreeing with him on every point and but when it was my turned didn't seem to concur with my argument.

I was then asked for my final statements so I couldn't think of anymore to say. Way out of my depth and fully defeated. So I just said my points again and stated that Thomson had no evidence that they the did everything they could to stop this delay. Their only evidence was an fleet report for the days surrounding our delay, no crew hours log, no crewing report or and explanation about what had happened to our crew. And I suggested some measures they could have taken to stop this delay. From my days of cabin crew in my youth. Also the ops managers who signed a witness statement wasn't there to answer question or had provided any evidence for us.

Then it was their barrister turn, he again smashed my arguments out if the park coming back the ash cloud and how the whole thing was an EC and weeks surrounding that where all considered as EC because the whole world was effected. Referencing statements to back everything up.

The judge the asked us to leave while she made her decision. The barrister said in the waiting room that he thought it could go either way and she had her poker face on. I told him I knew I had lost.

When we returned the judge summarised and was agreeing with every point of EC and Thomson's defence for some 20 minutes I was almost going to leave And felt very frustrated until she said however Thomson have failed to bring any evidence of crewing or what had happened to our crew or to prove that out flight delay was unavoidable.

So therefore I won, compensation grated not EC.

That is until the appeal for Dawson is heard. If the out come of that is 6 years then Thomson have to pay my the compensation if it's 2 years my win is nil and avoid.

I would like to thank everyone for their help. The main forum advice givers and anyone who has posted advice on here. You have all help in so many ways. I stuck to my points and that won through in the end.

Fingers crossed for the Dawson appeal they said by the end if this year or early 2014.

I will still be watching this forum with great interest and would strongly recommend any one with a claim to not give up.


Best regards

JPears

LULU5779 wrote: »

Hi all,

I had my day in court today.


So therefore I won, compensation grated not EC.

That is until the appeal for Dawson is heard. If the out come of that is 6 years then Thomson have to pay my the compensation if it's 2 years my win is nil and avoid.

I would like to thank everyone for their help. The main forum advice givers and anyone who has posted advice on here. You have all help in so many ways. I stuck to my points and that won through in the end.

Fingers crossed for the Dawson appeal they said by the end if this year or early 2014.

I will still be watching this forum with great interest and would strongly recommend any one with a claim to not give up.


Best regards

:T:T:T:T:TLulu - well done, I know exactly how you feel. You think you're well prepared but it feels as though you're up against it on the day. Which you are!
Congratulations, shying the pants off of a barrister. It does feel very much as though the relevant parties do "side" as it were. There really should be some sort of limit on the level of legal assistance each side could have, to level the playing field. The Small Claims track works to a degree but it is by no means perfect or even close, balanced in any way shape or form. The complete lack of information the Courts Service provide in respect of legal proceedings and case management is abysmal. Maybe this may change as t'internet and "mass" protests like this push the system.
Again, congratulations and well done.
What about interest? If added at least this will rack whilst the stay is in progress.
Unfortunately I suspect all the other airlines will now jump on the 2yr scam bandwagon.

P_Doff

LULU5779 wrote: »

Hi all,



So therefore I won, compensation grated not EC.



Best regards

Many congratulations. Very well done. And presumably the interest is accruing until the Dawson appeal is heard.