Flight delay and cancellation compensation, Tui/Thomson ONLY

chezza2524

razorsedge wrote: »

Two DJ's for your claim have given Thomson some trouble now.

:think:I think I want my case transferred to your court!

I know, I was thinking the same thing :beer:

Delayed

Hi all, I had a delay with thomson last February flying from Mexico back to England due to faulty back up navigation part which a replacement was sourced from England and brought on scheduled thomson plane next day.
We we're put in hotel over night and provided food etc.
My day in court is approaching as I thought thomson couldn't use mechanical failure as extra ordinary circumstances then came across something yesterday saying they can use that as reason not to pay.

Vauban

Delayed wrote: »

Hi all, I had a delay with thomson last February flying from Mexico back to England due to faulty back up navigation part which a replacement was sourced from England and brought on scheduled thomson plane next day.
We we're put in hotel over night and provided food etc.
My day in court is approaching as I thought thomson couldn't use mechanical failure as extra ordinary circumstances then came across something yesterday saying they can use that as reason not to pay.

Delayed: I don't mean to alarm you, but if you have your court day fast approaching and are still unsure about technical faults as extraordinary circumstances, have you done your homework? Have you pulled together your legal argument and bundle of papers? When do you need to serve your papers by?

legal_magpie

socrates1882 wrote: »

Righty ho,

This is a slightly different matter in that it is an Unless Order with sanctions for the Defendant if they do not comply.

Whilst you can call the court, the order stipulates the documents must be served on you too. So if you've not got them by 4pm tomorrow you can write to the court and send in your request for judgment. If you still have your notice of issue it's the bottom half of that, alternately you can find form N225 on the attached link :-

http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

In your letter to the court stipulate that you are requesting judgment as the defendant has failed to comply with the unless order.

AND of course, don't tip Thomson's off. Sit quiet till Friday morning and then ring the Court and ask whether they.ve got anything. Don't hold your breath though. Thomsons usually do comply albeit at the last minute
JJ

parker137

Could someone please assist me. I have looked through this thread and applied for compensation for a Thomson flight my family took back in July 2011 where we had a delay of over 5 hrs from menorca. I didn't have boarding passes but did still have my confirmation letter from booking and sent this with a template from here. Today I have had a reply with a load of nonsense then in the last few paragraphs it reads:
In a limited number of circumstance regulation 261/2004 of the European Union now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

The European court of justice has confirmed that, as the regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the uk has said that all claims to do with international carriage by air are subject to the framework of the. Not real convention which provides that claims need to be brought within two years. We therefore can't consider claims for flights that were delayed more than two years ago.

I am not sure what to do from here, I am aware that someone mentioned on here that this might change after may? But I cannot find the post now! Can someone help me with where to go next please? Never done anything like this before so have no idea where to even start if I have to go to court, many thanks in advance.

111KAB

parker137 wrote: »

Can someone help me with where to go next please? Never done anything like this before so have no idea where to even start if I have to go to court, many thanks in advance.

Suggest you may wish to consider a no win no fee firm.

parker137

Is there any links on here to advise of the no win no fee companies at all? Many thanks once again.....

Mark2spark

parker137 wrote: »

Could someone please assist me. I have looked through this thread... Did you look at the FAQ's at the start of the thread?

The European court of justice has confirmed that, as the regulation doesn't say how long passengers have to bring their claims, we need to look at our national law. The Supreme Court in the uk has said that all claims to do with international carriage by air are subject to the framework of the. Not real convention which provides that claims need to be brought within two years. We therefore can't consider claims for flights that were delayed more than two years ago.

Can someone help me with where to go next please? Never done anything like this before so have no idea where to even start if I have to go to court, many thanks in advance.

Ok, the FAQ's are the starting point.
https://forums.moneysavingexpert.com/discussion/4421185

Then read this, which is linked in the FAQ's:
http://forums.moneysavingexpert.com/showpost.php?p=57110269&postcount=2634

...and then what happened when a Spanish Court asked the ECJ to clarify the time frame:
http://forums.moneysavingexpert.com/showpost.php?p=57419493&postcount=3208

...and then what a judge said when Thomsons STILL wouldn't accept the Law:
http://www.bottonline.co.uk/images/news/Judgment.pdf

So, as you can see, Thomsons are economical with the truth, in the hope that you'll pack up and go away.
What to do next? Start a legal action through a NBA letter (in the FAQ's) and then a court claim, or hand it over to a NWNF firm.

As you can see, you have to do a bit of reading and leg work yourself, it's not a 5 minute letter and ker-ching in the vast majority of cases. But stubbornness pays off in about 90% of cases.

Mark

JPears

Mark2spark wrote: »

Ok, the FAQ's are the starting point.


As you can see, you have to do a bit of reading and leg work yourself, it's not a 5 minute letter and ker-ching in the vast majority of cases. But stubbornness pays off in about 90% of cases.

Mark

Now who's being economical with truth? ;)

parker137

Thank u mark will have a read through your links before I go any further to a nwnc company.