Flight delay and cancellation compensation, Tui/Thomson ONLY

happychap7

I'm no expert but if you check the main thread for flight delays and the news you can see that other airlines are paying out compensation for flights over 2 years old so i'm sure the other airlines and the coourt are not wrong. Jeff Halsall took Thomas Cook to Stoke County Court in January 2013 for a flight delay in 2009 and won ! Thomsons do not have a leg to stand on as far as the 2 year limit they keep quoting. I spoke with the CAA a few days ago to follow up my complaint about Thomsons. They advised me they are currently in talks with Thomsons about the 2 year limit they keep quoting and the results of the talks should be made common knowledge very soon. The CAA agree claims can be made for delays up to 6 years ago. I'm awaiting CAA views on my case and then intend serving a LBA demanding £3200 + interest for mine and my families 2 flight delays in 2010. I'm leaving court action as a last resort but will do it in view of the amount of compensation i am potentially eligible for !

Ray47

Roswell1976 wrote: »

Hey everyone

Ive read a few posts on here about Thomson asking for boarding passes and to fill in a form and send it all back with copies of passport. This i did (minus boarding passes) and i have just had a 4 page letter back which by reading it sounds as if they are trying to blind me with science, ultimately they are saying that it was 'extraordinary circumstances' which i do not beleive for one second.

I appreciate it may have already been posted before but does anyone know what the next step is? Im not prepared to let this drop as im usre many other people would after receiving thier rather baffling letter. Thanks in advance for any help guys

Hi, I have the same letter and would like to know what happens now?:(

111KAB

Ray47 and Roswell1976 the alternatives are .....

1) Give up
2) Go to Court or
3) Appoint no win/no fee firm to possibly achieve 70% of what they owe you.

spaceaarvark

Wight_Rabbit wrote: »

I am doing a dummy run filling in an N1 using MCOL but not sending it. I will use the manual N1 and go through the non electronic route.

How do I turn 800 euros into sterling. Is there a specific court approved exchange rate somewhere?

I don't know if there is a specific court approved exchange rate. I used this website: http://www.xe.com/currencytables/

Just enter the date that your delay occurred and it will give you the average mid-market exchange rate for that date.

4340

Up-date got reply from Thomson yesterday not good :-( they said that because the plane was in flight when fault that caused delay and return to UK this was an exceptional circumstance and was not covered so they would not be paying any compensation even though we where delayed getting to our holiday by 26hrs 35min.

Thesiteagent

[FONT=&quot]15th March 2013[/FONT]
[FONT=&quot].[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear Mr xxxx[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your further letter addressed to our Company Secretary.[/FONT]
[FONT=&quot]I am sorry you remain unhappy with our response. We are always happy to investigate[/FONT]
[FONT=&quot]again when our customers remain unhappy.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The EU Regulation does not stipulate a time frame in which customers have to make a[/FONT]
[FONT=&quot]claim and with this in mind, we are following our national law as set out by the[/FONT]
[FONT=&quot]Supreme Court in the UK This states that if customers wish to make a claim against an[/FONT]
[FONT=&quot]airline which is related to 'intemational carriage by air' then this has to happen within[/FONT]
[FONT=&quot]two years of the scheduled flight home.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I can assure you that our information is not incorrect and we are following our national[/FONT]
[FONT=&quot]law which states that claims made to an airline must be brought within 2 years as per[/FONT]
[FONT=&quot]the Montreal Convention.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I appreciate this may not be the outcome you were hoping for and if you still remain[/FONT]
[FONT=&quot]unhappy with our response you will need to pursue your claim through what ever route[/FONT]
[FONT=&quot]you deem appropriate.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Once again thank you for contacting us.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours sincerely,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Veronica Sleeman[/FONT]
[FONT=&quot]Directors'Office[/FONT]
[FONT=&quot]TUI UK & lreland[/FONT]


Above is letter received today inviting me to take whatever route I choose. Well, guess what........?
[FONT=&quot][/FONT]

Wight_Rabbit

Sent LBA dated 7 March to Thomson 8 March giving them 14 days to pay or dispute. Thomson still stand by their two year decision as per a letter in response to the LBA.

When do I send the N1? Is it 21st March 14 days after letter date or 22nd 14 days after sending date or do I allow 5 days for them to get it then allow 14 days for response so 28 March to send the N1?

Want to d this correctly!

spaceaarvark

Wight_Rabbit wrote: »

Sent LBA dated 7 March to Thomson 8 March giving them 14 days to pay or dispute. Thomson still stand by their two year decision as per a letter in response to the LBA.

When do I send the N1? Is it 21st March 14 days after letter date or 22nd 14 days after sending date or do I allow 5 days for them to get it then allow 14 days for response so 28 March to send the N1?

Want to d this correctly!

Well, if your NBA followed the standard template, it said "within 14 days of the date of this letter". Today is 16 days since the date of your letter and there was no great delay on your part in posting it, so I would say the dealine has passed and you are good to go.

Prof_Ligate

Thesiteagent wrote: »

[FONT=&quot]15th March 2013[/FONT]
[FONT=&quot].[/FONT]



[FONT=&quot]Dear Mr xxxx[/FONT]

[FONT=&quot]Thank you for your further letter addressed to our Company Secretary.[/FONT]
[FONT=&quot]I am sorry you remain unhappy with our response. We are always happy to investigate[/FONT]
[FONT=&quot]again when our customers remain unhappy.[/FONT]

[FONT=&quot]The EU Regulation does not stipulate a time frame in which customers have to make a[/FONT]
[FONT=&quot]claim and with this in mind, we are following our national law as set out by the[/FONT]
[FONT=&quot]Supreme Court in the UK This states that if customers wish to make a claim against an[/FONT]
[FONT=&quot]airline which is related to 'intemational carriage by air' then this has to happen within[/FONT]
[FONT=&quot]two years of the scheduled flight home.[/FONT]

[FONT=&quot]I can assure you that our information is not incorrect and we are following our national[/FONT]
[FONT=&quot]law which states that claims made to an airline must be brought within 2 years as per[/FONT]
[FONT=&quot]the Montreal Convention.[/FONT]

[FONT=&quot]I appreciate this may not be the outcome you were hoping for and if you still remain[/FONT]
[FONT=&quot]unhappy with our response you will need to pursue your claim through what ever route[/FONT]
[FONT=&quot]you deem appropriate.[/FONT]

[FONT=&quot]Once again thank you for contacting us.[/FONT]

[FONT=&quot]Yours sincerely,[/FONT]

[FONT=&quot]Veronica Sleeman[/FONT]
[FONT=&quot]Directors'Office[/FONT]
[FONT=&quot]TUI UK & lreland[/FONT]


Above is letter received today inviting me to take whatever route I choose. Well, guess what........?

Its madness that they are still spinning this nonsense - the EU reg states its up to each member state's limitation of action (6 years in this case) and that the Warsaw and Montreal Conventions have no bearing on the operation of this particular regulation.

Hopefully the CAA will clarify this with Thomson very soon and then we can all either get paid or start arguing over exceptional circumstances.

greeneyedlad

hello this is my first post. i have read all the faqs & 28 pages of this thread.
it has been over 56 days & still no reply, when i called they fobed me off with backed up with so many claims etc etc.
I booked my package hol thro my rbs royalties bank account ( i have been told by them if i get no joy their own customer services team can investigate further). they use Affinion travel but it was booked as First Choice. My flight No. was a Thomson cod (Tom. & we had a Thomson rep) but it was a Monarch aeroplane we flew on. So my question is who do I sue? Its Thomson who iv been dealing with so I assumed it was them but I noticed somebody else had a similar question & u said to sue Monarch, so im confused. If it is Monarch iv to sue what is their address & do I have to send them the standard letter first & go back to square 1??

My other question is, is who do I now write to first? Is there any point writing to the CAA? If so do I wait for a response from them first then issue Thomson or Monarch the 14days notice of court??

Lastly I am in Scotland & I read you advise some1 else that they would have 2 go through the European courts as im suing an english company?

many thanks in advance for your advice.