Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

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,

Thomson now have in practice 28 days to file their preliminary defence (my defence from Monarch is posted on the Monarch thread).

Once you receive this they will send you another form, the allocation questionnaire. This simple form is what the judge uses to decide whether the matter will be dealt with as a small claim (it will), where and when (you can tell the court what dates are difficult for you). I have just returned by questionnaire.

I understand that you are then allocated a court date, but that it is likely to be several months on from receipt of the questionnaire. Indeed, I don't think anyone on here has got to court yet - even those who started their claim back in November. It's a long old process.

It will be interesting to see what the airlines do once these claims start to come before the judge!

EFK17

Pinkie1972 wrote: »

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!!

There are lots of issues I equally do not understand and when I queried the response I received the Advisor (under cross examination) she appeared to be at a total loss to answer basic questions re certain aspects in "her" letter ( almost an exact replica of most I have already read as received by other VICTIMS) just change the time an date!!
(1) The engine fault was a fault with a wing flap if I understood the technical name she could hardly pronounce .My recollection was the pilot told us it was a problem with a pot rivet and further stated some pilots would have flown us back to EDINBURGH regardless, but he was not one of them!!

(2) This advisor stated all claims now have to be looked since there was new legislation . I think this incorrect since the appeal made by a customer 2/ 3 years ago simply was upheld in his favour but did not create "NEW LEGISLATION"??

There were other points I queried and, in a nutshell, she was basically at a loss to give any answers.

I am now considering using a no win no fee company BUT having read threads about MONARCH MMM!!

PS I cannot fathom the airline philosophy that if a fault is not discovered during everyday maintenance then a subsequent fault is EXTRAORDINARY does that mean their maintenance is some infallible and unique system?

I also asked my advisor what are the very few categories when THOMSON may pay out! She was at a loss for words!

Mark2spark

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.......


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

They can only appeal if the judge makes an error in the judgement. Seeing as he/she will be following standard ECJ rulings IMO the chance of appeal is low. The airlines have already appealed with Wallentin-Hermann and Sturgeon and there's little more than can be appealed against.
Tech issues, on their own, ARE NOT EC's, simple as that.

highwoods_2

hammyloz wrote: »

Am I the only one that has boarding pass stubbs???

10 hour delay on TOMO30 flying to Montego Bay feb 15th 2011, Luckily my wife keeps everything as souviners including the receipt for seating arrangements, Letter gone off today and I am willing to go as far as court with this.

.................................
Hi. Thanks for your posting. I too was delayed 12 hours on a flight to Montago Bay in January.

Have corresponded with Thomson who, after acknowledgement my letter, advised that I should hear within 28 days and requested patience and understanding. First wrote to them Jan 30th, received reply Feb 6th, now March 26th and have heard nothing more. Can you post how you get on ?

highwoods_2

PS. What was their excuse for the delay ?. I was advised that they had a seriously disrupted fleet with my scheduled plane having been sent to Punta Cana to pick up returning passengers. We eventually flew on a Thomson plane designated for long European flights rather than a long haul First Choice plane.

highwoods_2

droylie wrote: »

Dear all

I posted on the main forum but just to let you know that I was due to go to court last Thursday and Thomson agreed to settle out of court for a delay from 2010. Thomson agreed 400 euros each (2 of us) and court costs. My ex-husband is a barrister and he did the claim for me and I am happy to email anyone a copy (it quite lengthy).

This was despite Thomson saying it was 'extraordinary' circumstances (it wasn't) and lying over the distance from Manchester to Palma (to try and get the lower amount). My case was put on hold in 2010 but I didn't give up!

Kerrie :beer:

Great to hear of your success. My claim has only just started for a 12 hour delay to Montego Bay and a 28" pitch seat rather than the 33" pitch seat that was paid for. If you could e mail me your claim details for future use ( no doubt will be required ) I would much appreciate it. Thank you. Have sent private message.

happychap7

Hi
Can anyone recommend a No Win No Fee claims company that will deal with delays over 2 years old. Just in case I decide to use them instead of risking losing money!
Thanks

EFK17

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.

Sorry if I muddied the waters but in view of the many fellow passengers belief that it was ASTRAEUS I contacted the THomson advisor who stated it was MONARCH AIRLINES. (I also wanted to query a lot more in their letter to me to deny compensation)

Well surprise , surprise IT WAS ASTRAEUS!! but this was only gleaned after a tedious , exasperating "cross examination" . The advisor literally admitted Their team do not like to confuse customers by giving to much explanation in response to claims. I did ask the obvious question WHY did they deal with my claim in 2011 and again in 2013 WHEN I cannot make a claim for this delay via THOMSON.
I continued my call and eventually asked a manager call me back ( He wont be available until THURSDAY!!) It will make me feel better if I can tell him a few home truths, constructively and ask how I make any further claim since he has all my documents etc.etc

abz_sco

Pinkie1972 wrote: »

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!!

]

Hello, I was on this flight and I thought as it flew under Thomson flight no and Thomson Colours and Logo it was a Thomson Flight, still awaiting my response, but expecting same as you all.. really getting annoying now.:mad:

Pinkie - do you have a link to the FB page?

Pinkie1972

abz_sco wrote: »

]

Hello, I was on this flight and I thought as it flew under Thomson flight no and Thomson Colours and Logo it was a Thomson Flight, still awaiting my response, but expecting same as you all.. really getting annoying now.:mad:

Pinkie - do you have a link to the FB page?

Sorry I don't have a link but if you search for "survivors of Thomson flight 1655" you should find it. It is so frustrating trying to get answers from Thomson's! If I employed a builder to do work and he then sub contracted the work to someone else and there was a problem my claim would be with the original builder as that's who my contract was with so don't get why it's not the same in this situation. As far as I am aware the flight was chartered by Thomson's for their customers, who were all booked on a Thomson holiday!