Flight delay and cancellation compensation, Tui/Thomson ONLY

David_e

richardw wrote: »

I agree with 111KAB, just fill in http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to the court and get a receipt.

Suggest you ring ahead and check when (and where) you can do this in person. My court had odd times for this - certainly wasn't Monday to Friday, 9 'til 5.

Oh, and you need a copy for them and one for the court (and your copy, of course)

johannab

ok thanks guys, i'll do that then .

I just thought there would be an option to claim as a couple via mcol. Slightly disappointed

David_e

johannab wrote: »

I just thought there would be an option to claim as a couple via mcol. Slightly disappointed

I'm sure I have seen people who have but I did mine in person and it's no big deal - just slightly higher fee (which you will recover when you win!) and a trip to the court. Better that than miss the claim altogther.

111KAB

I did my application as Mr and Mrs by way of the organization route.

johannab

thanks, and the organization route for you two wasn't kicked out or disputed?

111KAB

johannab wrote: »

thanks, and the organization route for you two wasn't kicked out or disputed?

http://www.scribd.com/doc/173815478/Brittain-v-Monarch-Airlines-Ltd-04-06-13-Jud

Worcester Court though and they don't have a lot of time for extraordinary circumstances.

I would still go via hand delivered snail mail though.

jayw996

jayw996 wrote: »

Hi,
I have been watching and reading with great interest. My flight was delayed 26 hours from LGW to MLE TOM 054 on the 5th Dec 2010. I made the complaint on my return to be told by Thomson that "They had no policy for compensation". I complained again and also to the Thomson shop I booked it through. I got the same response. I was not aware of the law. Now I have been told it is over 2 years and they are not budging. So I went down the small claims route, and they responded to say they would defend the claim. Then nothing, 28 days passed, still nothing. So I requested judgement and got it in my favour.....yipee! or not? Now they want it set aside as the defence went to the wrong court? Oh that old chestnut I thought! So it has been transferred to my local court to have the application heard to have it set aside. I have looked through the forum and cannot find this happening before. Does anyone know if this hearing is just to get it set aside or can I request to have it heard on that day. Or can I argue for it not to be set aside? Thomson have already told me if they get it set aside they will then push for a delay until the Dawson appeal is over. I personally feel that as I complained originally at the time, the two year case is irrelevant to me and so I want to have the case heard. Any thoughts, apologies if I have missed a key thread. Oh and if anyone else was on that flight please PM me. I can only find info on the MAN to MLE flight.

So the plot thickens!

Their defence is as follows.

Two main items

It exceeds two years for the claim even though I did claim a week after I returned and was told there was no claims policy with Thomson. They seem to be completely ignoring this. Maybe they have not kept the correspondence from back then......oh dear?

The second is a technical fault due to a hydraulic leak. Then the same same flight had to be diverted into London Stansted as adverse weather conditions at London Gatwick airport prevented the aircraft landing.

They are relying on the Nelson & Tui.

Any views greatly appreciated.

Thanks

JPears

jayw996 wrote: »

So the plot thickens!

Their defence is as follows.

Two main items

It exceeds two years for the claim even though I did claim a week after I returned and was told there was no claims policy with Thomson. They seem to be completely ignoring this. Maybe they have not kept the correspondence from back then......oh dear?

The second is a technical fault due to a hydraulic leak. Then the same same flight had to be diverted into London Stansted as adverse weather conditions at London Gatwick airport prevented the aircraft landing.

They are relying on the Nelson & Tui.

Any views greatly appreciated.

Thanks

Did you commence a legal claim within 2 years? This is what Thomson will be harping on about. Although they can can only request a stay.
Don't forget to include in your bundle that Thompson sent the defence to the wrong court. I would be requesting a copy of that proof of delivery that they sent it to wrong court.

MoneyGeek

I was booked MAN-CUN and experienced a 5 hour delay recently. The plane encountered an earlier technical problem (damage by a third party) in Dominican Republic which meant it wasn't positioned back in MAN for my flight. Knock on effect.

Thomson argue the technical issue was an EC and cite that they took all reasonable measures to avoid it.

Does the "all reasonable measures" mentioned in case law relate to the prevention of the EC or to the ultimate delay caused. Thomson say in their rebuttal letter: "It's important to note that the 'all reasonable measures' test applies to the occurrence of the EC not the delay that may have been in effect."

This doesn't sound right to me. Surely it is all reasonable measures to avoid a flight being delayed or canceled? A reasonable measure to detect faults could be a regular maintenance schedule, but a reasonable measure to avoid a delay might also include standby aircraft, standby crew etc.

I was emailed 12 hours before departure that the flight was delayed which presumably gave them ample time to source a standby aircraft, but instead they decided to repair the aircraft in Dominican Republic and cause the knock on effect to my flight.

How do others interpret this?

111KAB

MoneyGeek wrote: »

How do others interpret this?

You have a valid claim