Flight delay and cancellation compensation, Tui/Thomson ONLY

bigmama1

razorsedge wrote: »

The main point I was making is that there is no 'P' in Thomson (although they are often taking it ). Many people are making that spelling mistake.

Oops! I should have read it more carefully! As you said people must not put Thompson Airways Ltd. At least I had put Thomson Airways Ltd so I've got one thing right! Apologies for doubting you.

atlasville

We flew on the 17/09/13 and the letterr I received from them was dated 02/06/14.

Vauban

Well it has been substantially overtaken by events. The Huzar judgement at the Court of Appeal has changed the game. (See Huzar thread - or search Huzar - for details.)

You could write back to the CAA and ask them to revise their view. But frankly what's the point? The airlines still don't seem inclined to pay out, so your only option is to take them to court - either yourself or via a NWNF for a share of your winnings.

atlasville

I had a flight delay with Thompson of over 4 hours and got a reply from CAA basically saying I was entitled to nothing. Search atlasville and you will see my post and response please.

Thanks

jonnyb1000

Hi,

I am sorry if I am repeating something that may have been mentioned earlier on. I have spent a couple of lunchtimes trying to find out what I should do next, so I wonder if someone can just reply to me and help!


I was delayed over 6 hours coming out from Ibiza to Manchester back in July 2009, but Thomson are citing article 35 of the Montreal Convention and a two year period under which it needs to be brought up.

I have in writing, refuted that claim, stating regulation 261/2004 does not state a time limit, and that them assuming two years under the Montreal Convention does not marry up with current English regulations, that I have 6 years to bring this to a small claims court.

They have responded to this saying that;

acting upon the basis of expert legal advice provided by a pre-eminent aviation law QC, who has advised that claims relating to a delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law. European case law confirms that is is the domestic law that should dictate the time limit, and therefore they are confident that Thomson are adopting the correct legal position.

They have then referred back to the Montreal convention, and signed off with,

if you remain unhappy with our response and wish to escalate the claim further, please seek the opinion of a third party.

I don't know where to go with this, as I feel now the only stage would be to have this to a no win no fee solicitor, as they are basically challenging me to take it to court.

Does anybody have a letter or anything which could provoke them further to paying out, or at worst, pass me onto a no win no fee solicitor, preferably in the north west of England, who can help me take this a bit further?

batman44

jonnyb1000 wrote: »

Hi,

I am sorry if I am repeating something that may have been mentioned earlier on. I have spent a couple of lunchtimes trying to find out what I should do next, so I wonder if someone can just reply to me and help!


I was delayed over 6 hours coming out from Ibiza to Manchester back in July 2009, but Thomson are citing article 35 of the Montreal Convention and a two year period under which it needs to be brought up.

I have in writing, refuted that claim, stating regulation 261/2004 does not state a time limit, and that them assuming two years under the Montreal Convention does not marry up with current English regulations, that I have 6 years to bring this to a small claims court.

They have responded to this saying that;

acting upon the basis of expert legal advice provided by a pre-eminent aviation law QC, who has advised that claims relating to a delay, whether under EU regulations or otherwise, must be brought within two years according to domestic law. European case law confirms that is is the domestic law that should dictate the time limit, and therefore they are confident that Thomson are adopting the correct legal position.

They have then referred back to the Montreal convention, and signed off with,

if you remain unhappy with our response and wish to escalate the claim further, please seek the opinion of a third party.

I don't know where to go with this, as I feel now the only stage would be to have this to a no win no fee solicitor, as they are basically challenging me to take it to court.

Does anybody have a letter or anything which could provoke them further to paying out, or at worst, pass me onto a no win no fee solicitor, preferably in the north west of England, who can help me take this a bit further?

Hold on to your hat as some very big news is due tomoz at 10.30am, keep an eye on this thread and you will see. This may help you. This is the Dawson Appeal, read up on the threads and you will understand. this is all about the 2 year claim thing.

https://forums.moneysavingexpert.com/discussion/4489367

jonnyb1000

Ok cheers Batman!

curls

If anyone reading this thread was on the above flight I would be very interested to know the reason that was given for it's delay.
(We were on the Florida flight delayed on the same day)

Cupcake77_2

curls wrote: »

If anyone reading this thread was on the above flight I would be very interested to know the reason that was given for it's delay.
(We were on the Florida flight delayed on the same day)

I know exactly what you are referring to but I'm reluctant to give too much information away for Thomson to come up with even more excuses. I'm going to file an NBA on this flight, I'm still awaiting a response to our return flight.

Chickebab

I was on a scheduled flight to Gran Canaria on what I believe to be 2nd May 2009. It was delayed for what I remember 22 hours, we were put up in an on-site hotel for around 5 hours and I can remember that it was the morning that Ricky Hatton lost his boxing title to mani pacquani, or some name to that effect.

I have tried searching for this flight delay and cannot find it anywhere. We were due to fly out if Birmingham airport on the Saturday afternoon but did not fly until the Sunday afternoon. I am beginning to doubt myself that this happened, due to not being able to locate this delayed flight as it says it was on time, but I remember that it wasn't. Was anyone else on this forum in this flight, long shot I know, or can anyone give me any advice as to anywhere else I can find this info apart from Flightstats. Many thanks. Donna.