Flight delay and cancellation compensation, Tui/Thomson ONLY

White_Robbie

Karen50, I was on the same flight as you - please see my post in the thread (7 posts above yours) - to cut the chaff, I've been refused compensation, however today's ruling means a response letter to Thomson is imminent resubmitting my claim.

babelfish

My flight delay was just within the 6 years and Thomson have fobbed me off saying they won't compensate because its outside the 2 year period. Does this case mean I can now write to them again and say there isn't a 2 year rule - its actually 6, so pay up for my 7 hour delay?

babelfish

If I send a NBA letter shouldn't the following paragraph be replaced by the info from the case shown on tv yesterday:

"I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and I wish to proceed with my claim."

webster7

I returned from Ibiza after a 13 hour delay 20/08/07...on 19/06/13 after hearing about the 6 year deadline for making a claim I contacted Thompson regarding flight (TOM 4234) and was told I was out of time and should have claimed within 2 years...has anyone else claimed for this particular flight and had any joy with Thompson...the flight eventually left Ibiza at about 1pm in the afternoon and arrived in Manchester at about 5pm

Vauban

webster7 wrote: »

I returned from Ibiza after a 13 hour delay 20/08/07...on 19/06/13 after hearing about the 6 year deadline for making a claim I contacted Thompson regarding flight (TOM 4234) and was told I was out of time and should have claimed within 2 years...has anyone else claimed for this particular flight and had any joy with Thompson...the flight eventually left Ibiza at about 1pm in the afternoon and arrived in Manchester at about 5pm

You are out of time - at most, you have six years to start court action (though Thomson argue you have only two).

webster7

I made first contact with Thompson 2 months before the 6 year deadline at the time...do you mean I should have taken further action maybe a court order within the 6 years

Caz3121

webster7 wrote: »

...do you mean I should have taken further action maybe a court order within the 6 years

You need to have started the court process within the 6 years (England) 5 years (Scotland)
There is a dedicated Thomson thread, the FAQs on there should make it very clear

bigmama1

bigmama1 wrote: »

I have today received from the CAA a reply to my correspondence with them dated September 2013! I had given up on the CAA anyway as I found them useless. Their e-mail is as follows:

"Thank you for your patience with us while we investigate your complaint about the disruption of flight TOM46 on 4th December 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 EC261/2004.

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 were adverse weather conditions as well as an Air Traffic Control decision 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 'extraordinary circumstances' of EC241/2004 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 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".

My comments are that its a good job I went ahead with my NBA letter and have been preparing my bundle for Court date of 10th July 2014! As mentioned on this forum many times the CAA are useless and don't bother with them!

I have sent an e-mail to the CAA requesting a copy of Thomson Airways response to them. I will be very interested indeed to hear about the Air Traffic Control decision! Especially as in my bundle I have Flightstats showing that Gatwick airport was open and there were many flights departing worldwide! Another lie by Thomson Airways! I do wonder though if the CAA actually investigate the information given by airlines?

Thomson Airways are intimating that the decision was not theirs to cancel our flight, but the Air Traffic Control. If that was so, why were there so many flights departing on the date of our flight I wonder?

In my bundle I can also prove further that Thomson Airways have been incorrect with other information they submitted in their Defence. I would also add their Defence was UNSIGNED! Im hoping the Judge will act accordingly on this!

I contacted the CAA after receiving the above email. Left a message and received a call back today. Only from a call centre though.

I requested a copy of the information supplied by Thomson to the CAA. I was informed that this information is confidential! Well after calming down, I informed the call centre person that as I was the complainant I was entitled to this information. This didn't work! I was told to email passengercomplaints@caa.co.uk.

I've sent a request for this information so hopefully will receive it? If I don't, it no doubt proves whose side the CAA is on!

Vauban

bigmama1 wrote: »

I've sent a request for this information so hopefully will receive it? If I don't, it no doubt proves whose side the CAA is on!

Sorry - you won't get it. They don't let the passenger know. Which, as you says, tells you everything really! (Which is why the advice from the regulars here is not to contact the CAA.)

Glenn_Roderick

Just left Small Claims Court. Thomson turned up in the form of a barrister who moved for a six month adjournment to review the Huzar case. They intend to fight the ruling through the courts . This may mean a long delay in any compensation claims. The judge adjourned for three months. Will post if any decision made.