Flight delay and cancellation compensation, Tui/Thomson ONLY

bigmama1

I have sent my NBA letter to Thomson 14 days ago. Had no reply so far. I am claiming for a 24 hour delay outbound to Florida and also a 24 hour delay inbound to Gatwick. Can I claim for both delays on the one court form? I thought I would check before I submit my court form. I don't want to delay my claim! Thanks and good luck to everyone.

bigmama1

Centra wrote: »

Hi,

Following Martins TV show on reclaiming for flight delays I used used the MSE letter template and sent of my claim to TUI - Thompson for a flight delay 24 hrs caused by them in December 2010 - the flight was from Gatwick to Florida on their own plane. Sent the claim letter on 12.04.13 and recieved a reply from them 04.07.13 dated 28.06.13.

Their reply has quoted the following:

"The European Court of Justice has confirmed that, as the Regulations 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 need to be brought within two years . We therefore can't consider claims for flifghts that were delayed more than two years ago"

Is their reply correct, which means I cannot persue the claim any further?

Or is this a delay tatic to put cliaments off proceeding any further with a claim?

If I can still proceed with the claim what is the best way to proceed.

.

Was your delay on 4th December 2010? We were on that flight! We were also delayed 24 hours on our return to Gatwick! I have now got form from the court to complete as I've no reply to my NBA letter.

Vauban

bigmama1 wrote: »

I have sent my NBA letter to Thomson 14 days ago. Had no reply so far. I am claiming for a 24 hour delay outbound to Florida and also a 24 hour delay inbound to Gatwick. Can I claim for both delays on the one court form? I thought I would check before I submit my court form. I don't want to delay my claim! Thanks and good luck to everyone.

Yes you can. One claim.

LauraLoo13

I didn't get any reply from my previous post, but can anyone tell me if they've had issues with Thomson saying their delay was the weather? We were delayed 11.5 hours and they are saying it's all because of the weather. The airport was closed early hours of the morning and don't deny it was the weather to begin with, but then other Thomson flights were flying out (some scheduled after ours) all day long so can they say this was all due to the weather and still get away with it? I'd appreciate any advice as now thinking the court route is the only option but don't want to waste my time if there's no chance. Thanks.

richardw

LauraLoo13 wrote: »

.... it's a lot of money for us to get the cash together for the court fees....

Perhaps wait and see what happens with the Dawson appeal.

David_e

LauraLoo13 wrote: »

I'd appreciate any advice as now thinking the court route is the only option but don't want to waste my time if there's no chance. Thanks.

Read the FAQs then take them to court either yourself or using a no win no fee lawyer.

A_Flock_Of_Sheep

Surely Thomson's letter regarding the 2 year limit ought to be re-written to say:

"We currently believe claims that are presented that are two or more years old fall under the Montreal Convention. This is currently being challenged in the court of appeal. (case ref: Thomson v Dawson) due to be heard in May 2014. We are unable to process claims until this is resolved either way. You can either wait until the result or continue with legal proceedings which we will request are stayed until the matter is clarified".

dpccrc6

Hi

Received letter today notifying me they have written to the court to seek a stay in relation to my claim (due to be heard on the 11th February) as they are aware that points relevant to this case are to be considered by the court of appeal. They gone on to advise me to contact the court in agreement....

By reading a copy of the letter they have submitted to the courts I'm making out it is the HAZAR and the DAWSON appeals.

What do you advise I do?

Smeggy

I have found all the details of my eight hour delayed flight from Reus, Spain to East Midlands in June 2009 on the Flight Stats website and mostly composed my letter, but I don't have my booking reference. My wife is going to enquire today, but are Thomson likely to still have a record of it, and if so, will they disclose it?

legal_magpie

There is an old legal adage: "He who asserts must prove". So if you wish to pursue a claim you most prove that you travelled on the flight. If you still have tickets etc this is no problem. Or you may have bank records showing a payment to Thomson.
If not you can send Thomson a Subject Access Request asking them to disclose all information they have about you. They are entitled to charge a fee of up to £10. If you have no information of your own, this is the way to go.
JJ