Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

bigstevex wrote: »

Time to progress my claim, I've left it on the back burner for a month.... How do I get Thomson to tell me the reason for the flight delay before I submit the case to court? I've asked but they just ignore me and send me the standard 2 year claim limit letter (3 times)

So long as you are (well) within the 6 year time limit I would recommend waiting for Dawson now (more interest anyway) then assuming it goes the way it should ie Thomsons talking out their a*** then read up and decide either NWNF or DIY. Forget asking for reasons - they delayed you and you've tried often enough now.

Lovetofly

Apologies if this question has already been asked. I wrote to Thomson about a 4 hour delay to my outgoing flight and a 6 hour 50 minute delay to my return flight in May 2010 requesting the usual compensation for each flight.
Thomson replied stating that since I complained to them at the time and didn't request compensation under the EU regs at the time, they are not willing to look into the case further. I have checked the flightstats site and discovered that Thomson knew both flights were going to be delayed 36 hours before the scheduled arrival. Should I give them another chance to explain the delay or just go straight to Court?
Any advice welcome even if it's pointing me to a previous entry in this thread! I have read most of the thread but may have missed something.

111KAB

Lovetofly wrote: »

Should I give them another chance to explain the delay or just go straight to Court?

Go to court however you may be better to wait until after Dawson appeal assuming you are well within the 6 year period for bringing a court claim.

Saffys_Mum

Thanks for advice. After reading the three page letter - quoting much case law, although with no dates - from Thomsons yesterday they remain adamant that they will not pay out. The 24 hour delay was caused by the intercom system not working, without which the captain refused to fly the plane (understandably). Thomson are claiming Extraordinary Circumstances and say that this could not have been foreseen by routine maintenance checks etc. My husband has printed off info from the CAA re extraordinary circumstances criteria, but this is only from midway through 2013 and we flew August 2012. Are Thomsons right in not paying up?

111KAB

Saffys_Mum wrote: »

Thanks for advice. After reading the three page letter - quoting much case law, although with no dates - from Thomsons yesterday they remain adamant that they will not pay out. The 24 hour delay was caused by the intercom system not working, without which the captain refused to fly the plane (understandably). Thomson are claiming Extraordinary Circumstances and say that this could not have been foreseen by routine maintenance checks etc. My husband has printed off info from the CAA re extraordinary circumstances criteria, but this is only from midway through 2013 and we flew August 2012. Are Thomsons right in not paying up?

Please, please re this thread through as Thomsons are TOTALLY in the wrong. The CAA list is a list dreamt up by Thomson and the other airlines and there is plenty on this forum regarding the list and why you/the courts should disregard. You have a valid case so just get on with court action or appoint a NWNF.

Mark2spark

Saffys_Mum wrote: »

Thanks for advice. After reading the three page letter - quoting much case law, although with no dates - from Thomsons yesterday they remain adamant that they will not pay out. The 24 hour delay was caused by the intercom system not working, without which the captain refused to fly the plane (understandably). Thomson are claiming Extraordinary Circumstances and say that this could not have been foreseen by routine maintenance checks etc. My husband has printed off info from the CAA re extraordinary circumstances criteria, but this is only from midway through 2013 and we flew August 2012. Are Thomsons right in not paying up?

Thomson send just about everyone this 3 page letter of gobbledegook and hope you'll give up.
*Where* in the Regulation does it say that an unforeseen problem that occurs after regular maintenance qualifies as an extraordinary circumstance?

It doesn't. :undecided

Forget the CAA list. Write back now NBA as per the template in the FAQ's and state that their explanation of EC's relating to a technical issue is completely unacceptable and that they have one last chance to settle before you commence court action, where interest and costs will also be claimed for.

renifos

111KAB wrote: »

May as well leave this to the NWNF.

Have been reading through some of the posts. I am thinking of diy now. How do I find out for sure why the flight was actually delayed? They first blamed it on the weather and the plane being in the wrong place. All their flights and other airlines went on that day. Only one easy jet flight was cancelled. I looked on the flightstats and I believe they used the plane when it eventually arrived for another flight. Eventually, the next day, they had to hire a plane in from Spain (not Thomson) to take us.
Anyway, I will sent them the before court action letter.

111KAB

renifos wrote: »

Have been reading through some of the posts. I am thinking of diy now. How do I find out for sure why the flight was actually delayed? They first blamed it on the weather and the plane being in the wrong place. All their flights and other airlines went on that day. Only one easy jet flight was cancelled. I looked on the flightstats and I believe they used the plane when it eventually arrived for another flight. Eventually, the next day, they had to hire a plane in from Spain (not Thomson) to take us.
Anyway, I will sent them the before court action letter.

Only send a NBA letter if you mean it - no point in threatening action if you don't see it through. You probably cannot find out why there was a delay to your plane however check flights on the same day as yours (all airlines/same airport + destination airport) to see exactly what delays occurred to see what your chances are but on the face of it you appear to have a solid case.

Ich_2

Sorry but I fail to see the relevance of this

All their flights and other airlines went on that day.

So were they all going to the same destination as you wanted to go?
Or did they go to numerous different destinations. That the weather at your departure point was fine does not mean it was forecast to be fine at your destination (or it's alternate) when you were due to arrive.

Vauban

Ich wrote: »

Sorry but I fail to see the relevance of this. So were they all going to the same destination as you wanted to go? Or did they go to numerous different destinations. That the weather at your departure point was fine does not mean it was forecast to be fine at your destination (or it's alternate) when you were due to arrive

It is easy to find out though whether there were significant weather problems at destination or origin airports. If there were not, it is most unlikely that poor weather affected the flight concerned.

It is more likely that either the weather affected a plane on an earlier rotation - or that the airline is (to put it charitably) confused.