Flight delay and cancellation compensation, Tui/Thomson ONLY

Kew73

Perhaps prompted by a letter from my MP, after approx 10 months, the CAA finally responded.
The good news is that they agree that Thomson should pay compensation for TOM2730 on 25/10/09 ('It is our considered view that the airline had not taken appropriate measures to minimise the disruption') and have asked Thomson to pay up...
The bad news is that the airline maintains their position that extraordinary circumstances apply and they refuse compensation - and, as we all know, the CAA are unable to impose a solution on the airline.
Good job I didn't put all my eggs in the CAA basket and started legal action...but will add the CAAs view to my bundle when the time comes for good measure

Delayed

Vauban wrote: »

If only it were that easy! The Regulation doesn't mention technical failures at all, but it does say that:



The airlines usually claim that a technical failure constitutes an "unexpected flight safety shortcoming". The claimant then counters with the judgement of Wallentin, which generally says that it is not. But Wallentin is not absulutely unambiguous, and therefore requires some careful argument. The claimant also usually argues, especially for a delay like yours, that the airline has not used "all of its resources" to try to prevent the delay (which is a second test introduced by Wallentin).

But all of this needs to be put down in writing, with supporting documents assembled into a bundle. You should have had an order from the court telling you to do this? Have you? When is your hearing?

If you don't get all this together, you are likely to get spanked - and possibly even liable for the other sides legal costs if you have failed to mount a proper claim.

Ah shoot! Looking at last paperwork from court "each party shall deliver to every other party and the court office copies of all documents which he intends to rely on no later than 31/12! I've not received anything from thomson either though. Court is 17th February

I casually saw that as expert evidence and not my entire defence,

Vauban

Delayed wrote: »

Ah shoot! Looking at last paperwork from court "each party shall deliver to every other party and the court office copies of all documents which he intends to rely on no later than 31/12! I've not received anything from thomson either though. Court is 17th February

I casually saw that as expert evidence and not my entire defence,

Oh dear. I think you had better

a) check with the court whether the other side have submitted any papers to them;
b) ask how you get dispensation to send in your bundle late;
c) then arrange a new date with the airline to swap - consistent with what is agreed in b)
d) pull together your bundle, quickly (with a covering argument/witness statement, and all the documents on which you intend to rely).

If you want a hand, PM me your email address.

legal_magpie

Incidentally, service by e-mail is not good service unless you have expressly agreed to accept service of documents by that method.

LauraLoo13

Hi there, just wondering if anyone has had success with taking Thomson to court regarding this flight TOM4702 to Kittila in 2009? We were delayed for 11.5 hours for a three day trip to Lapland. Unsuccessful attempt at compensation with airline as they are stating it was the weather. The airport was closed for a period; however, Thomson flights were taking off hours before ours (some even scheduled after ours). I'm not denying it was the weather initially, but not for the whole period, which is what they've said. No flights were grounded for more than a couple of hours except ours it seems, and we seem to remember it being that the plane was delayed at another airport. We now need to go to the small claims court and just wondering how successful we will be seeing as it's a lot of money for us to get the cash together for the court fees - money we can't really afford to lose but I feel strongly that they are trying to fob us off. We've also got the two year limit letter, which I know was rubbish, but they have now written to say they won't discuss it any further.

lintone

Barbrian wrote: »

Has anyone else submitted a claim yet to Thomsons with regard to the delay on 24 December 2013 from Gatwick North Terminal?

we are still waiting for a reply to our emailed complaint but have only received an electronic reply to date. We are awaiting a cheque for £150 compensation which is supposed to be in the post winging its way to us but thisdoes not cover the cost of the clothes we had to buy on xmas day to last us until our luggage appeared. We are expecting a long battle to get the correct compensation we are due as we are well out of pocket. If BA COULD fly out of north terminal with luggage on board then why not Thomson.?

mr.d_4

Anyone know when Thomson appeal hearing is for this 2 year cut off point

MartyB

Has anyone been compensated by Thomson for delayed flight simply by claiming? How many have succeeded by taking Small Claims Court action?

111KAB

Centipede100 wrote: »

Sometime in May 2014

12th .......... http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20132478

scorpiouk

Very quick question.


Today have revived the Direction questionnaire. When do I submit my documents?




I received there defence, but that was just to the limited space on MCOL claim.. its a bit confusing.. I have responses to their points.


thanks