Flight delay and cancellation compensation, Tui/Thomson ONLY

razorsedge

chezza2524 wrote: »

Hi Again

I am preparing to send my bundle to the court and was wondering do I send all the papers (Walletin, Huzar, reg 261) or just a reference?

Thanks

You will need to send a full copy in your bundle of each document that you will be relying on.

chezza2524

Thank you, I have sent you PM.

zzx

hornet244 wrote: »

I too am going through the motions with Thomson relating to delays in 2010. At the time they said that they were awaiting the referred case to the ECJ - which is probably reasonable if frustrating - but like others I have had to chase to finally get the form to fill out.

I also don't have the boarding cards, but do have emails from them at the time when they apologised for delay, etc, which to me is a clear acceptance that we were affected. (I also have my booking ref and correspondence refs from the time). I am also looking in to credit card activity to see if I can establish that way that I was overseas at the relevant time. (For once I am hoping that my wife spent a bomb on duty free on the way back as that would establish date, time and location).

I'm going to be reasonable again and say that the request for boarding cards, etc, may just be to assist with the processing rather than a delaying tactic per se. The easier you can make it for them to confirm your (delayed) travel the easier and quicker they can deal with things.

If they do stall over the boarding cards then (hopefully) we all have an ace up our sleeves - the Data Protection Act. That gives individuals what is known as a Subject Access Right. For the payment of no more than £10, they are required to provide you with copies of all records they hold that relate to you. If they get a mass of such applications they may then re-think their stance.

Thomson asked me to prove I was on the flight from 2010 and told me their records did not go back that far,

I went into a high street branch of Thomsons and with my booking reference was given a printout confirming the full details. I simply told the staff my wife and disagreed over the date and could i have a printout.
Its also worth noting that as Thomson did not comply with their legal obligation under article 14 of 262/2004 and give us written notification of our rights at the check in desk we were not aware we should keep the boarding passes. Had they complied with their lagal obligations
We should have known to keep the passes.
a quick visit to a high street shop will kill this .

Tigger74_2

Please can someone give me some advise.I have just received an amended defence from Thomsons. They are stating that we need to prove that we were on the flight.They say that as the flight was a first choice one and because it was in 2007 that they do not keep records that far back and have no way of knowing if we were on the flight.I did send a copy of the credit card statement , but thats all I have..They are also claiming the Montreal convention.
I really need some advise about what to do next.
Many Thanks in advance.

legal_magpie

The applicable legal adage is "he who asserts must prove". A credit card statement may not be sufficient on its own. You can give oral evidence but after all this time, you may have difficulty. You could ask Thomson whether they have made a proper check of their records and in partiucular for the passenger manifest.

Tigger74_2

legal_magpie wrote: »

The applicable legal adage is "he who asserts must prove". A credit card statement may not be sufficient on its own. You can give oral evidence but after all this time, you may have difficulty. You could ask Thomson whether they have made a proper check of their records and in partiucular for the passenger manifest.

Thanks legal magpie.I did send a subject access request , but they responded stating that they have no records.Would the airport keep details of passengers who pass through?

legal_magpie

Highly unlikely.

Tigger74_2

legal_magpie wrote: »

Highly unlikely.

Oh dear!!! Any ideas then?

delvey

Got my day against Thomson tomorrow. Surprisingly have not heard anything from them. Gave a full copy of the huzar report as well. Asked Thomson to proof that firstly that there was a fault with the aircraft (given 3 different excuses by them) and that they did everything within there power to minimize the delay

Stromboli

This flight was delayed by 8 hours owing to a technical fault. I've claimed compensation, but Thomson say the fault fits the definition of extraordinary circumstances. They haven't yet said what the fault was, expecting me to take their claim at face value. Has anyone else claimed? If so, what response did you get?