Flight delay and cancellation compensation, Tui/Thomson ONLY

legal_magpie

Well done. The point about reading and complying with Court orders is particularly important at present as a result of the Mitchell decision (case on relief from sanction) and decisions that have followed it. The effect of those cases is that a party who has failed to comply with a Court order (including a date by which something has to be done) is at risk of having their claim or defence struck out.
It is true that so far all the cases have concerned fast track or multi track cases but there is no logical reason why the Courts should not take a similar view in small claims track cases
JJ

tic_tac

Hi guys, help needed as I'm a little puzzled with all the "in's and outs' of the situation.
Basically our flight was delayed a little over 24 hours last year due to technical issues. We were seated and set for take off on the runway when we were informed that we were returning to the gate to be offloaded due to the plane developing a fault.
On return to the UK we wrote to Thompson who informed us that we would not receive any compensation due to the flight being down to extraordinary circumstances.
At the top of the letter we received it states " A flight on a previous rotation developed an unexpected technical issue. This had a direct impact on your flight causing a knock on delay." This was news to us and adds to our confusion on the situation.
Any help would be very much appreciated.
Thanks.

111KAB

tic tac - read FAQ's Page One - you have a valid claim and you are entitled to compensation.

nigelpm

does anyone know the latest on the Thomson v Dawson case and the appeal?

My claim had been stayed awaiting the outcome.

David_e

nigelpm wrote: »

does anyone know the latest on the Thomson v Dawson case and the appeal?

Not been heard yet. Search the forum for more details.

tic_tac

111KAB wrote: »

tic tac - read FAQ's Page One - you have a valid claim and you are entitled to compensation.

Many thanks for your reply.

Under what terms can I ask for compensation as they are totally defending their side of the story.

Just had another conversation with Thompson and they have informed me that some cog had sheered off hence why the aircraft was delayed.

111KAB

tic_tac wrote: »

Many thanks for your reply.

Under what terms can I ask for compensation as they are totally defending their side of the story.

A technical problem with a plane is an ordinary circumstance - a common everyday problem which should be sorted within 3 hours or an alternative plane sourced - all as confirmed in 261/2004. Airlines some times wrongly refer to your problem as an extraordinary circumstance.

babelfish

Vauban wrote: »

I'm sure it will be fine. Though I wouldn't include it in my bundle.

If I don't include that then I haven't got a bundle. Lol

jamapo

Hi guys, After an 18 hour delay last year from Lanzarote, I contacted Thomson. Got usual response extraordinary circumstances etc. Actual reason for delay was a broken toilet! Got in touch with EUDELAY who took up the claim on my behalf. They contacted CAA who ruled in my favour. EUDELAY contacted Thomson and gave them 14 days to settle claim. 14 days been and gone, Thomson haven't even bothered to respond. Received email from EUDELAY this morning asking me to pay £70 into their bank account to enable them to take Thomson to court. Does anyone know if this is correct? I have no problem paying the money if it is the way this should be done. Just want to make sure I'm not making a mistake before I pay it.
Many thanks in advance for advice given

111KAB

jamapo wrote: »

Hi guys, After an 18 hour delay last year from Lanzarote, I contacted Thomson. Got usual response extraordinary circumstances etc. Actual reason for delay was a broken toilet! Got in touch with EUDELAY who took up the claim on my behalf. They contacted CAA who ruled in my favour. EUDELAY contacted Thomson and gave them 14 days to settle claim. 14 days been and gone, Thomson haven't even bothered to respond. Received email from EUDELAY this morning asking me to pay £70 into their bank account to enable them to take Thomson to court. Does anyone know if this is correct? I have no problem paying the money if it is the way this should be done. Just want to make sure I'm not making a mistake before I pay it.
Many thanks in advance for advice given

Some reputable firms charge nothing 'up front' hence the description no win no fee. May be worth looking around and not only confirming fee but looking at take should they/you win. Also ensure if you do switch that EUDelay cannot charge for their work to date.