Flight delay and cancellation compensation, Tui/Thomson ONLY

JPears

ErnieW wrote: »

Bundle sent to Court & Thomson and then low and behold a letter arrives asking for a stay from Thomson on the Dawson appeal & Huzar appeal.......looks like a lot of people in the same boat....are you agreeing to the stays or are you objecting? Any info or help highly appreciated.....and my claim is from 2010 on EC's

Ernie - check your dates, when did you fly and when did you submit claim?

macklep

|Hi,

Any help or advice would be appreciated.Thomson delay in May 2011 Corfu to Manchester. Delayed 8 hours. Myself, wife and 2 kids. After we boarded the plane the captain came into the cabin to explain that the delay was due to the original taking longer than expected to be ready after routine maintenance, and they had to wait for another aircraft to fly in from Mombassa to take us home.

I contacted Thomson originally in Dec 2012, to be issued with their standard claim form. I returned that and received a reply in April 2013 rejecting the claim as they stated the reason for the delay was due to a 'bird strike' citing extraordinary circumstances. This obviously contradicts the reason given by the pilot at the time.

I wrote again asking them to reconsider my claim on these grounds to be rejected once again.

My next step was to write to CAA who advised it was out of their jurisdiction and they advised I contact the Hellenic CAA, which I have done, twice, without response.

I once again contacted Thomson to advise them I was contacting the Hellenic CAA, and also informed them that, according to flightstats, the delay on my flight was known 24 hours previous to the actual delay, according to the update times on flightstats.com. Whether this is relevant, I am unsure.

Reply from Thomson this morning with the CEDR response.

Apologies for the long winded post.

Any advice on further steps I can take?

Many thanks

111KAB

macklep wrote: »

|

Any advice on further steps I can take?

Page one FAQ's then commence court action

ErnieW

JP I've tried to pm you but your inbox is full.

Summer of 2010 - Submitted claim this year

tightasarats

Sat in front of a Judge for 20 minutes today to receive the expected news that my claim would be stayed pending Dawson and Huzar. I tried to explain the limitations to the scope of the Huzar appeal and mentioned More to counter Dawson, but I was wasting my breath.

Thank you to everyone for their help so far, especially Legal Magpie for his assistance with my as yet unused skeleton argument. The only good thing to come of this is that I have their skeleton argument and have an insight in how they intend to counter Egilits for delays occurring on previous flights. The slightly worrying thing is that the defence were trying to build in a longer period to the stay decision to take into account possible Supreme Court or European Court action....

The Judge has stayed all his recent cases and he suggested he was aware of more potential Court of Appeal cases in the offing.

JPears

ErnieW wrote: »

JP I've tried to pm you but your inbox is full.

Summer of 2010 - Submitted claim this year

Yeah, sorry. So only a few months over 2 years.

tonxy22

tightasarats wrote: »

Sat in front of a Judge for 20 minutes today to receive the expected news that my claim would be stayed pending Dawson and Huzar. I tried to explain the limitations to the scope of the Huzar appeal and mentioned More to counter Dawson, but I was wasting my breath.

Thank you to everyone for their help so far, especially Legal Magpie for his assistance with my as yet unused skeleton argument. The only good thing to come of this is that I have their skeleton argument and have an insight in how they intend to counter Egilits for delays occurring on previous flights. The slightly worrying thing is that the defence were trying to build in a longer period to the stay decision to take into account possible Supreme Court or European Court action....

The Judge has stayed all his recent cases and he suggested he was aware of more potential Court of Appeal cases in the offing.

Nightmare - I rang the court yesterday to ask if they are going to stay my case. I'd rather know now then be told in court... was there any doubt in the judges mind that a stay wasn't the best option??

Marty1981

Hello There,
We were delayed for 8 hours in Sept 2010 flying from Gatwick to Orlando. I wrote to Thomson at the time however they fobbed me off. I have since wrote to them again and they are now saying because I did not state EU regulations in my letter at the time they wont consider my claim. So I have opened a case with the small claims court. I have received their defence telling me I will have to produce evidence I was on the flight etc etc.. At the time they told us it was a fault with the air conditioning on the aircraft however their defence is now saying it is something to do with the power? I have yet to submit for defence I have asked for the case to be heard in my local court (Ipswich). today I have had a letter from the court saying they have transferred the case to Ipswich. My question is now what's next? I ticked to say I was happy for the mediation route etc.. When will I have to submit my case to the court i.e. my evidence?
Can anyone assist me as I have never had to do anything like this in my life the reason I am is that I am fed up of being treated like this by big companies!
Our Flight was Tom048 Thursday 2nd Sept 2010 Gatwick - Orlando




Many Thanks


Marty

David_e

Marty1981 wrote: »

they are now saying because I did not state EU regulations in my letter at the time they wont consider my claim.

How utterly pathetic - and wrong in law!

Marty1981 wrote: »

My question is now what's next? I ticked to say I was happy for the mediation route etc.. When will I have to submit my case to the court i.e. my evidence?
Can anyone assist me as I have never had to do anything like this in my life the reason I am is that I am fed up of being treated like this by big companies!

I'm not too far ahead of you. I ticked for mediation and heard nothing. The next thing was the Notice of Transfer of Proceedings (which is presumably your transfer to Ipswich) and then 2 weeks later I received the Notice of Allocation to the Small Claims Track - which included the "request" for the Hearing Fee to be paid within the following 7 days.

I have no idea what the timetable is from then on but I am putting together my various bits and pieces for my court bundle. A couple of posters have kindly given me sight of theirs although there are some differences of content and format which I need to work to understand (and which are probably not significant but, like you, this is all new to me!).

If you are not confident of doing this yourself, it may not be too late to contact a no win no fee lawyer - but I would hurry if you think that's the way for you to go.

MGOR

I appreciate the landscape has changed now that Huzar is being appealed and Thomson are looking to further delay hearings. I am in the Court system now so expecting a request for a stay any time. However at the end of October the Court wrote to Thomson requesting further information including confirmation whether there had been any other claims in respect of the flight I was on and what the outcome of any cases were. Thomson were given 14 days to respond. I have waited a week over the deadline to see if anything appeared - nothing! I have asked the Court for an update on matters. Thoughts? Thomson do not seem to give a damn and can in all probability continue in such vein with relative impunity it appears.


Next year will be the 3rd year since my delay. Due to Thomson's attitude in this matter I have not used any of their various companies since - travel agent, airline or holiday company. I am fortunate enough to take 2 or 3 family (4 of us) holidays a year and often would use 1 or more elements of the Thomson empire. Not any more. Thomson do the maths - you have in all likelihood lost more in profits over the last couple of years and in future years than it would have cost in compensation. Do I care no as I have continued to have enjoyable holidays. If enough people start boycotting Thomson then they may change the ways (probably not). There again it appears all the other big companies also seem to have the same attitude to customer service as Thomson.