Flight delay and cancellation compensation, Tui/Thomson ONLY

SEW56

Vauban wrote: »

I do have sympathy for the point you are making (especially as airlines effectively refused to engage on this issue until the Nelson case was concluded in October 2012). But what is being argued is the time limit for bringing legal action. If you think you have a case, the correct thing to do is to start legal action - because even if the case is stayed pending another judgement, you've stopped the clock. Simply beginning a correspondence course with the airline is irrelevant and only kills trees.

This would still be my advice for anyone whose flight delay was 18 months ago. Dawson may be appealed to the Supreme Court whoever wins, so this hiatus could continue for ages yet. And in the meantime anyone whose case becomes two years old in the interim will lose the ability to go to court if Dawson is ultimately lost - unless you filed court papers before the 2 year period was up.

All of which is to say that your main point is wrong. If the limitations is confirmed at two years, it doesn't matter if other judgements (like Huzar) mean you have a slam dunk legal case. You will have no right to bring the matter before the courts, so the airlines can safely ignore you (as they currently do for those claims over 6 years).

I my case (which after going to court was stayed pending Dawson and Huzar) I challenged the judge (yes humble me) about the fact that I had raised the issue of compensation within 2 years but had not taken them to court until after 2 years (following the various rulings etc). I pointed out that Thomson had not represented the law properly (lied!!) in their first response and so I am now at a potential disadvantage. The judge was sympathetic but clear...you have to go to court in 6 years (or 2 years if appeals succeed) and that it was up to me to have not just believed them. I countered that they could and do just string things out...again sympathy but a clear message to go to court within whatever timescale is valid if you believe you are right regardless of what the airline says.

Looking at the other posts about CAA (I confirm they were of little help to me) and as to the points about how Thomson are misrepresenting court judgements I am just flabbergasted. If nothing else win or lose I will have gained a lot of knowledge that I hope I will not have to use again but will not be daunted if I do.

legal_magpie

I'm afraid that the Judge was right. The whole point about Limitation is that Court proceedings have to be commenced within a fixed period of time. Making a complaint by letter isn't enough. I have sympathy though because in many cases (including mine) people made claims but didn't issue proceedings because we were waiting for the outcome of a European case and existing cases were stayed pending that decision.
As for Thomson's and the other airlines, it would be nice if they took the initiative and offered compensation to all passengers who had been delayed without being asked but we live in the real world
JJ

Thirdwatch1965

Contacted thomson and the caa some time ago about delayed flight crom Sanford to Manchester july 2013. Thomson rejected my claim and the caa sent my claim back to thomson to be reconsidered. Another letter to thomson and once again rejected. I sent all correspondance to caa who have now stated the delay does come under ext/circumstances.
They also state if i go to court its up to me but as the caa have not come down on my side then whats the point. Others on here have stated same flight and have been payed out whats going on.

JPears

The moral of the story is don't play letter tennis and get your court claim/papers in, as in the majority of cases the legal route is required.
Whatever the Dawson outcome, in future this will have a decreasing impct as the "sausage" of older 2ys+ claims will reduce over the next cuple of years anyway as people are far more aware than they were 2 -3 years ago.
Huzar result if in the positive will have a much greater effect s it will open the floodgates further

Vauban

Thirdwatch1965 wrote: »

Contacted thomson and the caa some time ago about delayed flight crom Sanford to Manchester july 2013. Thomson rejected my claim and the caa sent my claim back to thomson to be reconsidered. Another letter to thomson and once again rejected. I sent all correspondance to caa who have now stated the delay does come under ext/circumstances.
They also state if i go to court its up to me but as the caa have not come down on my side then whats the point. Others on here have stated same flight and have been payed out whats going on.

The consistent advice from the forum here is that the CAA are rarely helpful. According to their own spokesman, they side with the airlines in 70% of cases, and if you are one of the lucky 30% they still do nothing further to help.

Assuming that your delay was caused by a technical failure with the plane, you should now wait for the outcome of the Huzar appeal (heard yesterday; judgement in a few weeks). If that goes the right way, the CAA's pathetic attempts to prop up their airline friends will quickly fall apart. I hope they will then be in a lot of trouble.

Thirdwatch1965

Details of my case from 2 above. Thomson flight 0169 from sanford to manchester 03/07/2013 4 hours and 55 minutes late taking off. First wrote to thomson and replied 27/06/13 stating the" aircraft experiencing an unforeseen technical issue". Claim rejected.
Contacted the caa who told me they had sent my claim back to thomson for reconsideration.
Contacted thomson once more and informed them about going to court and the second reply i got gave the delay reason as "technical issue with the integrated drive generator" sent all correspondance back to caa who have said the problem does come under extr/circumstances.
I await the Huzar claim to see where i go now.
PS someone else on here was on same flight and hes posted that thomson paid out to him. I also told the caa this but made no difference.

Skid_Marks

Vauban wrote: »

The consistent advice from the forum here is that the CAA are rarely helpful. According to their own spokesman, they side with the airlines in 70% of cases, and if you are one of the lucky 30% they still do nothing further to help.

Assuming that your delay was caused by a technical failure with the plane, you should now wait for the outcome of the Huzar appeal (heard yesterday; judgement in a few weeks). If that goes the right way, the CAA's pathetic attempts to prop up their airline friends will quickly fall apart. I hope they will then be in a lot of trouble.

Vauban is absolutely right about the CAA....I contacted the CAA long before the advice about them began to emerge on this forum and it took over 2 years before they replied supporting my claim that Thomson could not rely on 'extraordinary circumstances'. Of course, despite the CAA ruling Thomson refused to pay, the CAA had no power to make them, and it then fell into the Thomson 2 years+ trap!

stevew48

Hi,

Thomson requested a stay to my court case based on the Dawson appeal and this was granted until the 31st May. However, the judge did state that on or before the 17th May one of the following steps must be taken:

either - the claimant must notify the court that the whole claim has been settled (which it hasn't).

or - the claimant or defendent must write to the court requesting a further extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert or other person helping with the process. THe letter should confirm the agreement of all parties.

or - all of the parties must file a directions questionnaire at the court. Where a settlement of some of the issues dispute have been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

Well none of the above to my knowledge has happended and to date I have received no correspondence from Thomson requesting a further stay.

What happens now ? I know that the Dawson appeal has been heard but judgement deferred put what if Thomson do't request a further stay ? Will the case be struck out and I win by default ? do I need to take any action ?

Any guidance gratefully received.

Regards

Stevew48

MarW_2

One year ago I had the same problem with a cancelled flight, a friend advised me to search for claiming with some internet site.
I tried refund.me, although it took me 15% commission I was happy I finally resolved it, I was so stressed before because all of the denial and negative answers from the air carrier.
Hope this small advice could help!

macwhite

Any news on the Appeal, Dawson v Thomson airways?

Thomson continue to send out letters ignoring the judgement in favour of Mr Dawson..... deliberately lying and making no reference whatsoever to the Appeal hearing.

Clearly, once the spurious argument of not being able to claim beyond two years for a delay exceeding 3 hours is quashed the floodgates will open. However, I suspect Thomson will continue will an initial denial, followed by a false reason as to why the delay took place which does not qualify for payment.

But keep Persevering, in fact if the whole exercise is too time consuming then let a third party deal with it, they will take around 20% of the payment but at least it will not cost you anything.