Flight delay and cancellation compensation, Tui/Thomson ONLY

Lozza123

Very similar to mine cherrycherry and it took 12 weeks and me hounding them to come up with this. Good luck. I'm submitting MCOL as advised.

A_Flock_Of_Sheep

It appears with Thomson customers are getting one of two results.

Sorry you are beyond two years or if you are within two years your plane was subject to extraordinary circumstances.

Why is Thomson being so stubborn. Other airlines are coughing up with a mix of extraordinary circumstances. Tho sine give just two responses.

I would never again believe them if they said they value their customers. I sincerely hope the company goes bust in the future.

A_Flock_Of_Sheep

How much will it cost Thomson to send a rep to every court hearing? I have counted at least 15 confirmations of court action on here

111KAB

A_Flock_Of_Sheep wrote: »

How much will it cost Thomson to send a rep to every court hearing? I have counted at least 15 confirmations of court action on here

Even if they finally do go to Court (defendant that is) it will cost them significantly less than if they paid out bone fide claimants.

A_Flock_Of_Sheep

111KAB wrote: »

Even if they finally do go to Court (defendant that is) it will cost them significantly less than if they paid out bone fide claimants.

Not if they have to pay out the compensation. Say a claim is £600. It's like £630 plus costs plus the cost of their rep and the time form filling responding to claims. How can it be cheaper.

A_Flock_Of_Sheep

And their letters are exceptionally patronising. All their wax lyricals about how reliable and on time they are and their investment in service. In relation to this matter I have had no service to speak of so they are clearly channeling cash in the wrong direction. Even if they are, which I doubt.

Cherrycherry

Lozza123 wrote: »

Very similar to mine cherrycherry and it took 12 weeks and me hounding them to come up with this. Good luck. I'm submitting MCOL as advised.

The same with me, I've been waiting since the end of December.
I think the only way is to go to court now.

geewhiz

mboo29 wrote: »

Hi all, I have been following this Thomson thread with great interest.

I am trying to get compensation for a delayed flight from April 2008 from Tenerife to Glasgow that was delayed for almost 21 hours.

When I booked my holiday it was with First Choice and the flight had an FCA number, since they have merged, all documentation I have received back is from Thomson.

I sent my original letter in November 2012, finally receiving the claim forms in January 2013, and replied to Thomson days later. I now have also received my '2 years' letter and have sent an NBA letter to Thomson Company Secretary at the Crawley address.

I am now preparing to raise a small claims action.

I live in Scotland, and didn't realise the time limit for raising an action is 5 years here, so thanks Centipede for this info. (my time limit is up next month)

After speaking to a laywer briefly regarding the situation, he advised that I would have to submit my court claim to an address in Scotland as the Scottish court wouldn't have jurisdiction in England. He also advised that I would have to make sure I was raising the action against the correct company, First Choice not Thomson. I told him that all the documentation I had received back regarding the claim was from Thomson.

Is this correct? I'm now a bit confused on how to proceed and don't want to make an error when raising my court action as my time limit is almost up.

Thanks in advance for any advice.

I'm in Scotland too and a bit unsure how to raise court action as most of the information I have found so far refers to English courts.

sjo2015

Hi

Just wondering if anyone has actually been to a small claims hearing and had a judgement made in respect of Thomson and flight delay compensation. We have filed with MCOL and just received acknowledgment of service and their intention to defend the claim. I've no idea of their defence yet as they haven't responded to any of my correspondence over the last 6 months!

Just wondering if there is anyone who can share their experience and offer any tips or advice.

blondmark

Lozza123 wrote: »

Thankyou so much for your help in this matter I really appreciate you spending the time looking into this for me. Can I just ask, when submitting my MCOL do I need to quote all of the examples of past cases or will the courts already know this.

I don't use MCOL except for the simplest of claims. For a start you can't fit many words on the form. Your Particulars of Claim brings out your story in numbered paragraphs but you don't need to evidence the law at this stage. Don't assume the judge knows any of the cases or what they mean - your job is to present them. Some of your paragraphs could say something along the lines of:

"6. In its letter to the Claimant dated **th March, 2013 the Defendant admits that the delay was caused not by any issue relating to the Claimant's flight, but instead to an issue relating to a previous flight.

PARTICULARS

The Defendant states: ""In case of your flight, the cause of the delay was in reaction to a delay to another aircraft caused by an "unexpected flight safety shortcoming" arising midflight."

7. The Claimant puts the Defendant to strict proof as to any unexpected flight safety shortcoming as alleged or at all.

8. It is settled law that extraordinary circumstances arising on one flight does not create extraordinary circumstances on any subsequent flight (Case C-22/11 Finnair Oyj v Timy Lassooy). The Claimant avers that a defence to this claim of Extraordinary Circumstances is therefore not available to the Defendant. "

At the disclosure stage of the litigation you copy out the Finnair case and their letter and disclose these to the court then, along with any other cases you wish to rely on.

Best of luck.