Flight delay and cancellation compensation, Tui/Thomson ONLY

babelfish

I started the ball rolling last year though. Wrote to Thomson and the CAA. So surely my claim would still hold even if the time now went past the 6 year mark? It's not really my fault if they take ages in replying or sending me info?

The flight was in July so I've got at least until July this year.

David_e

babelfish wrote: »

So surely my claim would still hold even if the time now went past the 6 year mark?

No it wouldn't because that's not what the law says.

babelfish wrote: »

It's not really my fault if they take ages in replying or sending me info?

That's quite probably deliberate on the part of the airline so it would be your "fault" to the extent that you let them mess you around until the 6 years had expired.

babelfish wrote: »

The flight was in July so I've got at least until July this year.

Good, as 111KAB says, if you haven't done so already, you should be preparing your NBA and what (little) is required for you to make your court claim.

babelfish

Basically, is it enough if you have flight stats from the flight stats website stating that your flight was delayed plus the confirmation info from Thomson that you were on the flight? Is the flight stats website enough proof? What about pictures I took of planes whilst sitting at the airport which may have the date and time on them? Or a picture of the bun we were given on the plane (if I can find it!)

David_e

babelfish wrote: »

Basically, is it enough if you have flight stats from the flight stats website stating that your flight was delayed plus the confirmation info from Thomson that you were on the flight? Is the flight stats website enough proof? What about pictures I took of planes whilst sitting at the airport which may have the date and time on them? Or a picture of the bun we were given on the plane (if I can find it!)

You don't need any of that to make your claim, which is the priority. It's then up to the airline to demonstrate that you were not delayed long enough for compensation, if that was their defence (which seems unlikely from the details you have given)

babelfish

I keep reading that people are going to court with"bundles" and I haven't really got anything apart from what Thomson sent.

111KAB

babelfish wrote: »

I keep reading that people are going to court with"bundles" and I haven't really got anything apart from what Thomson sent.

Sounds to me as though you would be better using a NWNF and getting on with it now.

David_e

babelfish wrote: »

I keep reading that people are going to court with"bundles" and I haven't really got anything apart from what Thomson sent.

That's way down the line if it gets to court. Making the initial claim (which is the critical action to be taken within 6 years of the flight date) is relatively easy. If you aren't too confident about the process, speak to a no win no fee firm. That does cost (but only from any compensation) but it will save you a lot of time, effort and stress which you may think is a pretty good trade-off.

babelfish

Strange tho that Thomson have a copy of a letter I sent in 2006 and not in 2008 (not!)

David_e

babelfish wrote: »

Strange tho that Thomson have a copy of a letter I sent in 2006 and not in 2008 (not!)

Says everything about how airlines handle claims.

Alpinetony

My wife and Daughter in law were delayed on TOM515 on the 2nd Aug 2012. The flight departed on the 3rd after a delay of 28 hours 10min.

I have written to Thomson and received the standard response, stating that the delay was caused by a technical fault and an engineer and spares were required from the UK, and as the delay was caused by "extraordinary circumstances" no compensation was due under 261/2004. They also quoted Case C629/10 and Nelson V Lufthansa.

I wrote a second letter requesting that they (Thomsons) furnish me with detail of their argument for using Extraordinary Circumstances in the case of TOM515. Once again the response quoted nothing but "Due to a Technical Fault" and the usual bits from the EU 261/2004.

I have read through the case of Wallentin-Herman V Alitalia C549/07 22nd Dec 2008. but not sure if I can use this as an argument to Thomsons as the delay in that case was a cancelation a day before the flight was due to depart. In my wife and daughter in laws case the flight was delayed/cancelled after an apparent fault was detected on the flight over to Sharm.

Can you suggest my next move if any?

Thank you in anticipation