Flight delay and cancellation compensation, Tui/Thomson ONLY

David_e

zzx wrote: »

So what can be done about the CAA? IMHO CAA should publish those flights where compensation has been paid to at least one claimant and force airlines to compensate passengers on those flights without recourse to Court.
Is this too much to ask?

It shouldn't be. As you suggest, the very least they should do is to require airlines to pay out to all passengers where a liability is established for one passenger on a particular flight.

What they should be doing is requiring airlines to report statistics on their dealings with passengers. I suspect that EC is argued in the vast majority of cases which flies in the face of the infamous British Air Transport Association letter that quotes c80% of delays not having the "benefit" of EC exemption.

Trick

alfie640 wrote: »

Is Thomson responsible for the huge delay in my flight on 24 December or is it Gatwick Airport? To save anyone the trouble with citing extreme weather conditions, we know that BA flights were taking off albeit later than scheduled.

Where were you flying to?

I was on the flight to Dom Rep that had a 6+ hour delay, and when we arrived were told 80% of luggage was on board....actually NO LUGGAGE was on board.

So we had 4 days with no baggage.
I will be putting in a claim - but after some advice too, but will read through the entire thread first, as the "act of god" flight delay due to the power problems at the North Terminal do no apply to the fact that they chose to fly with no baggage - SHOCKING.

Ruined my christmas holiday as only there for a weeK!
plus spent £500 on clothes & toiletries.

1geoff

does anyone know if i can still pursue my claim if TUI are saying it should have been made within 2 years under relevant UK law?

Vauban

Look at the FAQs on page one, especially the link: Airline claims 2 years maximum to claim. There is an important case called Dawson which will be at the Court of Appeal in the next few months.

If you are going to make a claim get ready either to do the legwork or employ a NWNF lawyer (for about 30% of your award).

batman44

1geoff wrote: »

does anyone know if i can still pursue my claim if TUI are saying it should have been made within 2 years under relevant UK law?

Yes you can, limitations is 6 years, ignore the blagging from them, there is plenty of info on this on here and case law. You will need to spend time looking at the threads and on page 1, that will be your starting point. Good luck with your claim.

batman44

Vauban wrote: »

Look at the FAQs on page one, especially the link: Airline claims 2 years maximum to claim. There is an important case called Dawson which will be at the Court of Appeal in the next few months.

If you are going to make a claim get ready either to do the legwork or employ a NWNF lawyer (for about 30% of your award).

Vauban bud, your too quick for me!:)

scorpiouk

Hi all,


After a delayed flight (15h+) contact TUI and asked for the relevant compensation.. refused quoting EC..


Went back to them said its not EC, pay up or go to court.. They didn't pay so put them in court..


Early December I received and "acknowledgment of service" giving them 28 days to reply.


Early Jan receiver a letter (from TUI) asking me to provide booking Ref, flight number and accommodation details.


Every letter I have exchanged with them has had the booking ref and their ref..
The 2 letters refusing the compensation also give details of why that flight was specifically delayed, and why they are refusing..


Now they are asking for very basic details. The flight was November 2013, not like they are going back years!


Do I need to provide these?
- I feel I have give in enough information and relevant coraspondance has been exchanged identifying the specific flight.


The request has come direct from TUI, bypassing the court. Is this allowed?


Why should it fall on me to do there admin.


Any help appreciated..


d.

Vauban

If your particulars of claim, when you initiated legal action, had this information (and I assume it did) I don't think you need to do anything else. Thomson sound incredibly chaotic!

carina62

I am now at the stage whereby I am considering taking Thomson Airline to court as time is getting on and I only have until Sept 2014 to make my claim before it expires. I do feel confident that I have a strong claim from 2008, 10 hour delay due to a cracked windscreen on plane having to be repaired. The CAA are not being very quick in dealing with my claim as I expect they are dealing with thousands but I must act quickly otherwise I will lose out. I am confident I will win the court case but I want to know what would happen if I lose?

Vauban

carina62 wrote: »

I am now at the stage whereby I am considering taking Thomson Airline to court as time is getting on and I only have until Sept 2014 to make my claim before it expires. I do feel confident that I have a strong claim from 2008, 10 hour delay due to a cracked windscreen on plane having to be repaired. The CAA are not being very quick in dealing with my claim as I expect they are dealing with thousands but I must act quickly otherwise I will lose out. I am confident I will win the court case but I want to know what would happen if I lose?

Your principal loss, in addition to your time, is the court fees - which can amount to about £300 when you've paid the initial fee, the allocation fee, and then the hearing fee. In theory, you can also have limited costs awarded against you - the travel and accommodation costs of the other side in attending court. In practice, I don't think I've read anyone on here who lost their case having to pay these. But it is a small liability.

You do NOT have to pay the other sides legal fees, which are not recoverable (except in extreme circumstances, where the judge deemed the claimant to have behave unreasonably).