Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

razorsedge wrote: »

Did anybody ever find out the QC's name? I asked in my NBA but was never answered.

Lawson same guy who failed in Huzar case.

Moneyedout

Should we now apply for the stays to be lifted in the hope that Thomson decide against further action?
Does it mean getting in quickly just in case they do decide to go to the SC

nquire76

Thomson's have today copied a letter to me which they have sent to the Court asking for a stay of a further 28 days while Jet2.com decide to ask for an appeal to the Supreme Court to be allowed plus a further 28 days during which the Appeal Court will decide whether to grant or refuse to consider an such an appeal.

Presumably if the Supreme Court grants their request then we will have to twiddle our thumbs for a few more months after that!!!

Methinks that at the end of all this, depending on the results, either the Courts will be overwhelmed with the number of outstanding cases to be retrospectively decided or the aircraft companies will have some very large extraordinary liabilities on their balance sheets.

Game On.

d2cracker

Centiped100, I found my original letter to Thomson

Dear Sir or Madam,
I would like to make a complaint about our recent family holiday in Cyprus, which started very badly.
I had paid extra money to get row 13 seats DEF as seat F is an extra leg room seat/wellbeing seat which means children can sit in seats D and E. I have recently had an operation and that was the reason for needing that seat as I would have suffered severe discomfort due to the procedure I had, a copy of a letter from my consultant is enclosed with this letter.

We took off from Newcastle airport at 8.20am on Saturday 13th September. At 10.30am we had to make an emergency landing at Manchester airport as the plane was leaking hydraulic fluid. We were informed that we were being put on to another plane which would be departing at 1.00pm and were given £5 vouchers each to spend on food in the airport, which does not stretch very far with airport prices.

Shortly after there was an announcement stating that our flight had been delayed till 2.30pm.

We headed towards the departure gate only to find out that the plane could not take off at 2.30pm as they were having problems getting the passenger flight manifesto from Newcastle and it is illegal to fly without it, however the broken plane we had got off was still sitting on the tarmac, was the flight manifesto not on there as it IS illegal to fly without it.

I approached the desk to inform them that I had paid for the wellbeing seat and showed them my letter. They said they would call us on to the plane before normal seated passengers. When we were called and got on to the plane we were advised that as we had children we could not have extra leg room seats, I explained my situation and the fact that I had paid for row 13 and was told the only row we could sit in which had a little bit extra room was row 1 at the front of the plane because we had children. Row 1 was slightly bigger than normal seats but not much good from me, I had to sit twisted and very uncomfortable with my legs in the walkway for 5 hours, having to move my legs quite regularly for the trolleys to go past and for people to go to the toilet.

Before we took off from Manchester there were 2 engineers standing next to our seat talking to the airhostesses. They were having a laugh about the fact that the broken plane we got off took only 2 minutes to fix and had been sent to Luton to do another job. This is very unprofessional.

Our flight eventually took off at 4.10pm, 7 hours 50 minutes after original departure. It was only when we were in the air that the pilot made an announcement that there were no meals on the plane but we could buy sandwiches, which is fine for adults but when you have a 1 year old and a 4 year old who don't eat chicken BLT or cheese and pickle sandwiches then it's a problem. The pilot did say we would get a complementary drink, fantastic again for adults but as our 1yr old did not have a seat we did not get a complementary drink for him. The pilot did apologise for the delay but then went on to say that he had been on a day off that day and had been called in and that the flight crew, who were on standby had also been called in and that he was kind of trying to make us feel grateful that we were on our way to Cyprus as they all should have been off. Never mind the amount we had paid for our holiday and the fact it was eating up our first day. He also went on to say that the problems or the delay were also due to the collapse of XL, what has this go to do with us who were on Thomson fly? The collapse of another flight company should not effect customers of Thomson. We were also annoyed about the fact that we were sitting in the front row and saw meals being delivered to the plane, which then turned out to be the crews hot meals. This was very annoying for everyone, as we could smell it throughout the plane. The only food we had for our children were crisps and when they smelt the food cooking they refused to eat the crisps. This then resulted in them crying as they could smell the food but it was not for them, we tried to provide them with SNACKS but they refused as they knew that it was not the food they could smell. With our children crying this was also causing discomfort for other passengers on the plane.

We should have arrived it Cyprus at 1.00pm UK time/3.00pm Cyprus time. Which would have meant that we would have had a couple of hour's sun as well as being able to go out for an evening meal. However we did not arrive in Cyprus until 8.40pm UK time/10.40pm Cyprus time. When we arrived there was 2 other flights had landed around the same time, we were unable to speak to a Thomson rep to find out where our bus was parked and what time it would be leaving as there was a massive que at the desk, and with 2 hungry crying tired children we decided to get a taxi which then cost us 35 euros.
Our first afternoon which should have been spent in Cyprus, was actually spent in Manchester airport, what a brilliant start to our holiday.

We feel that we should be fully compensated for the loss of our first day and evening in Cyprus, for the cost of the extra legroom seats that I did not have and for the discomfort that I suffered during the flight and for the few days afterwards and the Taxi cost to our hotel.

We look forward to hearing from you soon.

Kind Regards

Needless to say this fell on deaf ears

jenn1ewest1

Many thanks for your email. As per our recent press release, Thomson Airways will be seeking leave to appeal to the Supreme Court. We now have 28 days to file this application, at which point a consideration without a hearing will be made as to whether any further appeal should be granted.

The Supreme Court remains in session until the end of July and will not return until October. It is therefore highly unlikely that our application will be considered before the recess.

As the prospect of a further appeal potential means the Court of Appeal decision is not final, we will be respectfully requesting that the Court to continue the stay of proceedings until the application has been considered.

Yours sincerely

(Text removed by MSE Forum Team)

gloriatabby

In other words they are going to take as long as they are allowed to because it suits them to delay everything for another few months.

A_Flock_Of_Sheep

gloriatabby wrote: »

In other words they are going to take as long as they are allowed to because it suits them to delay everything for another few months.

It's because they are sore because they are just a huge bunch of losers.

They don't want to lose gracefully. They are a pathetic shower of a firm and that (text removed by MSE Forum Team) really rubs me up the wrong way with his pompous approach.

It's only a matter of time - a few more months means more costs at 8%. I'd never get that in the bank.

JPears

As per Huzar, I would apply to the Court for continuation of your case anyway. Presumably the stay was only until the Dawson Case had been determined, which it has. Thonson can't take it for granted that the court will apply a new stay, given that they have no reasonable chance of sucess by all accounts

Dawnygirl

OK, so I have done everything I should have done , received letter from AESA (equivalent CAA in Madrid) they say our party are entitled to 400Euro each but, Thomson are refusing to pay up! Is my only option to go to the small claims court? Has anyone else found themselves in this situation? If so what did you do?

Vauban

Please don't start your own thread. There is already a Thomson one for you to post on.

There's nothing unusual about your situation; as a quick read of said thread will show. What to do next is in the FAQs on page one of the Thomson thread, but in short, yes: your only option is to take them to court.