Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

Schnop wrote: »

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!

Firstly read FAQ's then 3 alternatives ....

1) Walk away
2) Submit court claim yourself possibly using MCOL
3) Appoint no win/no fee firm to achieve c. 70% of entitlement.

EFK17

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?

Just received the same response from THOMSON re 40 hour delay in 2011 Gran Canaria to EDINBURGH. I telephoned and was informed the aircraft was MONARCH.

Pinkie1972

EFK17 wrote: »

Just received the same response from THOMSON re 40 hour delay in 2011 Gran Canaria to EDINBURGH. I telephoned and was informed the aircraft was MONARCH.

God this gets more confusing!!

111KAB

EFK17 wrote: »

Just received the same response from THOMSON re 40 hour delay in 2011 Gran Canaria to EDINBURGH. I telephoned and was informed the aircraft was MONARCH.

Well if Monarch at least they are still trading (or were when I posted this) and from their website I quote " Monarch aims to provide choice, value and superior customer care." It is not until you approach them you find out the quality of that superior customer care!

spaceaarvark

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

What address did you send your letters to?
My first two letters to Thomson went unanswered. It was only when I wrote to their EU Delay Claims department that I got anywhere (the "anywhere" I got to was
1. Fill in this form
2. You cannot claim because it was more than 2 years ago
but at least it was enough to get the ball rolling for an MCOL claim...)

EFK17

Pinkie1972 wrote: »

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?

I was on this same flight and have received similar reply. After query with Thomson they state the aircraft operator for our flight was MONARCH. I am somewhat lost on their claim to have NO responsibility for this absurd lengthy delay. When I sought compensation in 2011 no mention to me about MONARCH liability.

Pinkie1972

EFK17 wrote: »

I was on this same flight and have received similar reply. After query with Thomson they state the aircraft operator for our flight was MONARCH. I am somewhat lost on their claim to have NO responsibility for this absurd lengthy delay. When I sought compensation in 2011 no mention to me about MONARCH liability.

This is the first i've heard of monarch being the airline, there is a Facebook page called survivors of thomson flight 1655, and most people on there thought it was Astraeus as well. Thomsons have never mentioned Monarch in any correspondence (and there has been a lot lol). I don't get how my contract was with Thomsons but they have no responsibility!!

Ich_2

I don't get how my contract was with Thomsons but they have no responsibility!!

Er perhaps because the legislation puts the onus firmly in the hands of the airline that operated the flight!

Magik6

Update from me regarding my MCOL claim vs Thomson airways:

Received a letter in the post today from HM courts & Tribunals Service stating that An Acknowledgement of Service Letter my claim has been filed today which is attached for my info.
The defendant now has a total of 28 days from the date of service of the claim to file a response.

Basically on the Acknowledgment of Service:

Tick next to box which says 'I Intend to defend all of this claim'

Signed Kelly Dunlop Position Legal Administration Assistant 20/03/2012

Just wondering anyone in particular Centipede's thoughts on this, guessing just a standard procedure from them.

Anyone further down the line than me with the court claim? Had any offers from the airline to settle out of court etc?

I am going away to USA from the 8th April-11th May so hoping that if a court case is assigned & they defend themselves it will not be between these dates as I would have to go to court myself to put my case forward I guess?

Any further info would be great.

Cheers

Dan

111KAB

Magik6 wrote: »

Update from me regarding my MCOL claim vs Thomson airways:
Received a letter in the post today from HM courts & Tribunals Service stating that An Acknowledgement of Service Letter my claim has been filed today which is attached for my info.
The defendant now has a total of 28 days from the date of service of the claim to file a response.
Basically on the Acknowledgment of Service:
Tick next to box which says 'I Intend to defend all of this claim'
Signed Kelly Dunlop Position Legal Administration Assistant 20/03/2012
Just wondering anyone in particular Centipede's thoughts on this, guessing just a standard procedure from them.
Anyone further down the line than me with the court claim? Had any offers from the airline to settle out of court etc?
I am going away to USA from the 8th April-11th May so hoping that if a court case is assigned & they defend themselves it will not be between these dates as I would have to go to court myself to put my case forward I guess?
Any further info would be great.
Cheers
Dan

Dan - standard response. Other than Jeff Hasall case don't think many/any others have gone to Court yet but some will starting in April. With regard to your dates away you will receive a form N149 and section F allows you to insert dates which are not acceptable to you for a hearing.