Flight delay and cancellation compensation, Tui/Thomson ONLY

jenn1ewest1

Have just spoken to Worcester County Court regarding my application to have my stay lifted and surprise surprise they have stayed my case for a further 14 days pending thomson appeal to the supreme court oh well 8% interest building nicely I suppose

SteveC7_2

This is my first time on here. I sincerely apologise if I have not gone about this in the correct manner.

I have a letter from First choice Airways dated 29 August 2008 confirming a 13 hours and 2 minutes delay on flight FCA2590 Manchester to Corfu due to: "a technical problem".

I am aware of the recent case law and that I need to issue court proceedings before 29 August 2014. I sent a letter of claim for 800 Euros (for 2 passengers) on 3 May, addressed to Thomson Airways. It was a package holiday for just one week and we lost the first day of a much needed holiday.

I am aware that Thomson Holidays took over First Choice Holidays. Bott & Co (the solicitors involved in the recent case law would not take on the case as the flight was not included in their database and because "First Choice Holidays no longer exist". However, I believe that Thomson may have even taken over First Choice even before the delayed flight and I seem to remember that it was a Thomson flight in any event.

In response to emails, the CCA rang me on 14 March 2014 and said that Thomson will probably have taken over all of First Choice's Liabilities. It was First Choice (not Thomson) that replied to my letter of claim, as recently as 9 May 2013, saying that they intended to respond within 28 days but they have not done so, despite reminders.

The CAA said that they had referred such claims back to the Airline companies and that they could try and find out the official reason for the delay but not until First Choice had rejected the claim, but they still have not done so.

I need to know the following before issuing proceedings urgently: -
1. Presumably I can still rely on the notice of issue of proceedings i.e. the special delivery letter sent on 3 May 2013?
2. Is Thomson liable for our Flight delay with First Choice and if so, where do I find the authority?
3. Why and how is First Choice writing to us if they "no longer exist"?
4. What will be the correct name and address for the Defendant?

Any help would be very much appreciated.

SteveC7_2

P.S. I have now traced an email from Bott & Co Solicitors dated 4.11.13, which says: Thank you for your email and many thanks for forwarding your correspondence with the airline. I have checked with my colleagues again at EUclaim and they have advised that as First Choice Airlines no longer exist and the flight number is a First Choice Airlines number you can no longer pursue a claim with them.

Additionally, they do not have any data for this flight as they only starting collating flight data for the rest of Europe in late 2008/early 2009 time.

Regrettably, I am unable to assist you any further with your flight claim."

Presumably Thomson Airways took over First Choice Airways in 2008 but First Choice Holidays still exists?

Gazzayid

shaun01793 wrote: »

David_e wrote: »

Have a look at the thread

Thanks for the help :rotfl:

I too was on that flight and the reply from Thomson was that it was not their fault what was their response to you ?

shaun01793

Gazzayid wrote: »

shaun01793 wrote: »

I too was on that flight and the reply from Thomson was that it was not their fault what was their response to you ?

I'm still waiting for a reply to my letter, its been about 2 weeks so would be expecting an answer soon hopefully. In my opinion (although slightly biased) they aplied the update to their aircraft making it their fault.

Bailey65

Hi, thanks for responding. I contacted CAA and after several months of correspondence stated that I didn't have a claim for BY 173 (and we both know the flight was TOM!!! Useless!!
Am waiting for my court date (have ticked the mediation box) but will definitely ask the question regarding other claims if we get into court!

We have asked both Thomson & CAA on several occasions to clarify exactly what the technical issue was, for which they are claiming extraordinary circumstance-have you asked (and received a response)?

nquire76

My original request from Thomson's for the technical information relative to my claim dates back to October 2012. We actually got to the 14 day pre hearing full exchange of information date last December only to be denied by a 'stay' order from the Court.
Patience, I think, is required, since Thomson's have no legal obligation to produce the relevant information until that 14 day pre hearing deadline and in my experience they are sticking to that ruling as a minimum.
And, if my reading of several posts on this forum is correct then on some occasions they are not even troubled meeting this Court ruling!!!

gloriatabby

First Choice Holidays does still exist as part of the Tui group so I'm not sure if you would need to address NBA to First Choice or Tui. The flight not appearing on Flight Stats shouldn't matter as you have a letter admitting the delay. My 2010 Thomson flight could not be found either but Thomson have admitted the delay in their defence (case is stayed at the moment like most other people's)

jenn1ewest1

gloriatabby wrote: »

First Choice Holidays does still exist as part of the Tui group so I'm not sure if you would need to address NBA to First Choice or Tui. The flight not appearing on Flight Stats shouldn't matter as you have a letter admitting the delay. My 2010 Thomson flight could not be found either but Thomson have admitted the delay in their defence (case is stayed at the moment like most other people's)[/QUOT


they all fall under the tui umbrella my claim was a first choice from 2009 and I have claimed against thomson airlines

bigmama1

Well my court date is finally here tomorrow. I'm very nervous as Thomson has claimed extraordinary circumstances due to a technical fault with the flaps of the aircraft.

Thomson sent so much paperwork in their disclosure recently it has been a huge task to unravel. The most interesting thing I found was in the Witness Statement which includes the log of certain days events. Interesting, it was within this log that I discovered the technical fault was due to the flaps. That is the first time it's been mentioned! It also records that this fault occurred on landing? Wonder how this happened? Needless to say I will ask the question tomorrow, if the witness attends!

Now Thomson have written to the court and have asked, in the event of their extraordinary circumstance defence being denied, for a stay pending their appeal to the Supreme Court! So even if I win my claim is likely to be stayed?

After a year since starting the compensation claim I thought it was nearly finalised. Thomson are obviously going down another path now. Well, I can do no more and expect to have a bad night's sleep now!

I will post again with the decision tomorrow. Fingers crossed!