Flight delay and cancellation compensation, Tui/Thomson ONLY

delvey

delvey wrote: »

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

Just to clarify should I have received a court bundle from them?
If so I haven't and by the looks of things on here they may not turn up

legal_magpie

Yes they should have supplied the Court and you with a bundle of documents on which they intend to rely. In my case this included witness statements from their engineer and someone in administration with full documentary records relating to my flight and other flights that day. There are two possibilities:
(a) They have sent their documents to the Court but not to you
(b) They have sent them to neither which leads me to suspect that they may not turn up.

Tigger74_2

Tigger74 wrote: »

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?

Would dated photos of you on the flight be accepted in court as proof you were on it?

delvey

legal_magpie wrote: »

Yes they should have supplied the Court and you with a bundle of documents on which they intend to rely. In my case this included witness statements from their engineer and someone in administration with full documentary records relating to my flight and other flights that day. There are two possibilities:
(a) They have sent their documents to the Court but not to you
(b) They have sent them to neither which leads me to suspect that they may not turn up.

Thanks, what would happen in the case they do not turn up?

Tigger74_2

Centipede100 wrote: »

That would be fairly irrefutable evidence IMO.

Thanks centipede 100 I guess thats the way to go then. I really am pulling my hair out to try and figure out what else I could do to prove I was on the flight.Do you have any suggestions?

delvey

delvey wrote: »

Thanks, what would happen in the case they do not turn up?

Ignore, just had a phone call saying they will settle. Argued with the fact they were using todays euro conversion instead of when the delay was but still persuaded them to use from time of delay.
Just waiting on a confirmation email.
Thanks to everyone on the board for all there help

For anyones information, It was flight TOM2592 from Manchester to Ibiza on the 1st July 2011

JPears

delvey wrote: »

Ignore, just had a phone call saying they will settle. Argued with the fact they were using todays euro conversion instead of when the delay was but still persuaded them to use from time of delay.
Just waiting on a confirmation email.
Thanks to everyone on the board for all there help

For anyones information, It was flight TOM2592 from Manchester to Ibiza on the 1st July 2011

Congratulations on success. You are correct, euro rate is applicable on date of delay. Shame you didn't have your chance to beat them with a legal stick. Presumably you got your court fees as well?
And make sure you give them a definite time frame for payment ie 14 days.

delvey

JPears wrote: »

Congratulations on success. You are correct, euro rate is applicable on date of delay. Shame you didn't have your chance to beat them with a legal stick. Presumably you got your court fees as well?
And make sure you give them a definite time frame for payment ie 14 days.

Yes both the MCOL court fee and hearing fee

hornet244

hornet244 wrote: »

Well, pigs might fly and all that but Christmas has definitely come early. After three and a half years of letters, calls and e-mails, Thomson has finally paid up for three delayed passengers (€750). Cheque will be cashed asap, although the temptation to frame it is almost too much to resist

Forgot to say as well that our flight delay was in July 2010. Although we asked for compensation immediately afterwards - and at regular dates thereafter - we didn't complete their form until January this year. They clearly aren't applying their own "2 year rule" on a consistent basis either going by some of the other posts on here where people have been refused in similar circumstances.

JPears

hornet244 wrote: »

Forgot to say as well that our flight delay was in July 2010. Although we asked for compensation immediately afterwards - and at regular dates thereafter - we didn't complete their form until January this year. They clearly aren't applying their own "2 year rule" on a consistent basis either going by some of the other posts on here where people have been refused in similar circumstances.

This is an interesting point - that should be brought up in court. If you make your initial claim within 2 years but are delayed by the underhand tactics and procrastination of an airline, you should be still entitled under their own "rules".