Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

irk1953 wrote: »

So going to send details to CAA and see what happens.....;)

Whether Thomson or TC - you are wasting your time with the CAA - they are useless. Just read other posts.

chumhill

Hi,

Can you please help me understand a letter I have received. I'm claiming for delayed flight compensation from TUI and have received the following letter:

Before District Judge Woodburn sitting at the County Court, Liverpool, Civil And Family Courts, 35 Vernon Street, Liverpool, L2 2BX.

UPON the Court considering the Court File,
AND the court exercising its general case management powers in CPR Parts 1.1, 1.2, 1.4 and 3.1 IT IS ORDERED THAT:

1 This claim shall be case managed and heard together with action number(s) A1QZ3275. The lead claim shall be: 3QZ19216

Thanks,
Ashley Hill

Caz3121

Start with the FAQs and post if necessary on the Thomson thread
https://forums.moneysavingexpert.com/discussion/4896699

oopsagain

I have been chasing my claim up with Thomson which I sent to them 10/02/14.


the only way Ive managed to get someone to speak to me has been through thir facebook page today.
I briefly outlined my claim an the details to the lady I was speaking to I then got a reply stating that EU ruling says I can only claim within 2 years of the flight which I know from this forum, to be incorrect.


Following the steps in the claim info it says to then pass claim to CAA if rejected.


Having looked on CAA's website they state that I need to send copies of correspondence with airline. I only have my original claim letter from feb and the private message chat Ive just had on facebook. Does anyone know where I stand with this?


My other question is Im happy to now go to CAA re; my claim but they state on their wbsite that they are very busy and can take several months to even get to my claim, my problem with this is that my 6 year limitation will be up in July so they may not even get to my case before then.
What do I do?

oopsagain

Just to add, it is quite a complicated one as well as the original flight was with First Choice Airways who have since merged with Thomsonfly, it was a Thomson plane we flew on as well.


I managed to get a standard reply from First Choice today which said to allow 28days! its already been nearly 3 months!!


Not sure what to do next, any advice please ?

oopsagain

Ive just messaged Thomson back again to ask for an email address which to send my letter of appeal prior to any notice of further action and low and behold I got the same standard letter as a lot of other people.....


Hi Dawn, We are acting on the basis of expert legal advice provided by a pre-eminent aviation law QC who has advised us that claims relating to delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law. European case law confirms that it is domestic law that should dictate the time limit and we are, therefore, confident that we are adopting the correct legal position. Thomson Airways operates a fair and thorough process to deal with claims for delay in line with the regulation. The law in this area is complex and many situations will not result in an entitlement to compensation. ^Jon




Do I still go to CAA and risk it going over time limit or just go ahead to small claims ?

111KAB

oopsagain wrote: »

Do I still go to CAA and risk it going over time limit or just go ahead to small claims ?

Forget the CAA and go small claims either DIY or NWNF. Depending upon how long ago your delay was you may want to wait until after the Dawson Appeal result.

oopsagain

Thanks, that's what I was thinking to be honest.


Im not sure if id be any good at doing the whole court thing myself so thinking of using a NWNF, any suggestions of who to use?


Also my "6 years" will be up in July. Any idea how this affects my case, Does it mean I wont be able to claim if its not settled by then ?

David_e

oopsagain wrote: »

Im not sure if id be any good at doing the whole court thing myself so thinking of using a NWNF, any suggestions of who to use?

Read the FAQs where one or two names are recommended. I would advise against using any firm not based in the UK.

oopsagain wrote: »

Also my "6 years" will be up in July. Any idea how this affects my case, Does it mean I wont be able to claim if its not settled by then ?

You have 6 years from the date of the delay to make your legal claim. Read the FAQs where the process (and action required before making a legal claim) is covered in detail.

richardg64

Afternoon,

I've submitted a case with the caa and have just received the following response

I wondered if anyone could tell me if its worth taking legal action? The reason I ask is because they say the issue was an emergency with a crew member on a pervious flight so I feel this doesn’t fall under extraordinary circumstances due to the fact they should have staff on standby for these kind of situation’s. We were delayed for 10 hours but made aware of the delay 3 hours before our scheduled departure time when we first arrived to the airport.

Do you think I am entitled to compensation?

Thank you for your patience with us while we investigated your complaint about the disruption of flight TOM374 on 4th November 2010. During our investigation we received information from Thomson Airways about the flight concerned, which we have considered in the light of new guidelines clarifying the ?extraordinary circumstances? exception of EC 261/2004.

After considering all the information provided to us from the airline, it is our view that the disruption of your flight is of a type which means that the airline does not need to pay compensation. It appears from this information that there was an emergency with a crew member on the previous flight which resulted in your flight being delayed, which means that, under these specific circumstances, the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the extraprdomary circumstances exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.

Unfortunately we are unable to take your case any further. Our opinion that, in this case, the disruption was due to extraordinary circumstances is based on the information provided to us. Please be aware that this is not a legally binding opinion and only relates to the flight concerned.

Please note that we will not re-open your case to re-consider any aspect of our opinion. There is no appeal process within the CAA for this issue. We will also not enter into further correspondence on this.

It is, of course, still open to you to issue a claim in the Court but, in our opinion, we believe that the airline has a strong case not to pay compensation. As such, it is entirely up to you to decide whether you wish to pursue this further. You can find information on how to take court action at make court claim for money.