Flight delay and cancellation compensation, Tui/Thomson ONLY

Gooseman41

Thanks for your previous responses. My 14 day time period is up today, and as yet no reply! So I have registered with MCOL and am ready to go. Two claims £80 each. Can anyone point me in the direction of the MCOL standard detail of what to put in the claim template.

I will also be claiming interest backdated to the dates of claims and will use the 8% rule that has been shown on here.

Thanks

Vauban

Gooseman41 wrote: »

Thanks for your previous responses. My 14 day time period is up today, and as yet no reply! So I have registered with MCOL and am ready to go. Two claims £80 each. Can anyone point me in the direction of the MCOL standard detail of what to put in the claim template.

I will also be claiming interest backdated to the dates of claims and will use the 8% rule that has been shown on here.

Thanks

Have a look at the "Taking Airlines To Court" thread - some good MCOL templates on there.

Andrew1986uk

Hey Everyone,

I hope someone can help me. I followed the rules/templates added all of myflight details explanation the amount I was seeking blabla and send my lettersof to EasyJet for a flight back in 2009 and Thomson Airways for a flight in2012.

I kindly requested a reply within 14 days as Martin advised but I’m yet to hearanything via phone/email or letter.

I sent the letters recorded delivery (and I have the receipt) back on the18/02/2013 so I would have expected a reply at the beginning of last week.

What’s the next step? I appreciate this will be a difficult process but Iwould expect they have a duty to reply to me. Should I send a second letter andif no reply go to one of these no win no fee companies?

Please Help!

Andy

111KAB

Andrew1986uk wrote: »

Hey Everyone,
I hope someone can help me. I followed the rules/templates added all of myflight details explanation the amount I was seeking blabla and send my lettersof to EasyJet for a flight back in 2009 and Thomson Airways for a flight in2012.
I kindly requested a reply within 14 days as Martin advised but I’m yet to hearanything via phone/email or letter.
I sent the letters recorded delivery (and I have the receipt) back on the18/02/2013 so I would have expected a reply at the beginning of last week.
What’s the next step? I appreciate this will be a difficult process but Iwould expect they have a duty to reply to me. Should I send a second letter andif no reply go to one of these no win no fee companies?
Please Help!
Andy

Personally I would wait a little longer as it appears that you are considering going no win/no fee and not 'fronting' yourself. Maybe drop them an email reminder to wake them up a little. You have up to 6 years to claim from the date of delay so time is on your side.

Wight_Rabbit

I have sent off our N1 today for our claim against Thomson. I have also included interest from the date of the delay.....

..... So, let battle commence.......

I can predict the next parts:

1. Thomson receives N1
2. Thomson waits until the 14th day and files an acknowledgement of service saying they intend to defend ALL of the claim.
3. Thomson submits a defence on the last day possible that is filled with drivel about the Montreal and Warsaw conventions and how they have engaged a pre-eminent QC to advise them that folk have only two years to make a request for compensation. They will, no doubt, also throw in that the flight was delayed due to "exceptional circumstances"
4. I rip this stupid "defence" apart
5. We are called to a hearing.
6. They might try and settle on the steps of the court but unless it is for the compensation plus interest plus a value for my time wasted turning up to a hearing then I will say bog off.
6. The judge decides if we are eligible for any money.

I guess if we are successful Thomson will appeal and drag it on even longer.

Good luck fellow litigants

Pinkie1972

We were delayed for 41 hours coming back from gran canaria in 2011. I have tried to claim the compensation and sent all the requested documentation but Thomsons say it was a third party aircraft (i booked a package holiday with Thomsons)!that developed a technical fault with the engine and is therefore exempt from the compensation scheme! Can anyone advise if this is correct an if its not, what should be my next step? Thanks in advance

Vauban

Pinkie1972 wrote: »

We were delayed for 41 hours coming back from gran canaria in 2011. I have tried to claim the compensation and sent all the requested documentation but Thomsons say it was a third party aircraft (i booked a package holiday with Thomsons)!that developed a technical fault with the engine and is therefore exempt from the compensation scheme! Can anyone advise if this is correct an if its not, what should be my next step? Thanks in advance

Yep - just because you booked a Thomson's holiday doesn't mean Thomson are liable. It's the operator of the aircraft you need to make the claim from. So who flew you back?

Vauban

Wight_Rabbit wrote: »

I have sent off our N1 today for our claim against Thomson. I have also included interest from the date of the delay.....

..... So, let battle commence.......

Good luck fellow litigants

I anticipate having a similar experience with Monarch. Their defence is derisory.

I am happy to settle on the steps of the Court. But only for everything. Having made me jump through these hoops, I have every intention of having the satisfaction of justice served.;)

Pinkie1972

Vauban wrote: »

Yep - just because you booked a Thomson's holiday doesn't mean Thomson are liable. It's the operator of the aircraft you need to make the claim from. So who flew you back?

The airline was Astraeus which went bust 5 months after the flight! Thomsons haven't said in their letter that they are not liable as it was third party just that they aren't liable as it was an engine fault. Does this mean I am up the proverbial creek without a paddle?

Schnop

We had a 25 hr delay in Nov from Cancun. We sent proof that we were on the flight and the correct form with the letter as per MSE.

The letter came last week (17 weeks after the compaint!) to say that we cannot have compensation as our flight was hit by lightening and needed a window replacing. The knock-on effect subsequently lead to out delay. It's a 3 page letter which ends
"The circumstances are not of a kind which would fall outside of the definition of Extraordinary Circumstances and compensation is therefore not payable"

I've asked to appeal, as even if they won't pay the compensation as per the Sturgeon case, we had an actual loss of combined earnings of £738 and extra car park charges of £10 (plus phone calls to schools etc!).

Thomson told me today that there is no way of appealing, once they've sent the 'no' letter, that is it! And the best thing to do would be to get a solicitor involved!!

Is that right? And where do I start with that?

Thanks!