Flight delay and cancellation compensation, Tui/Thomson ONLY

jenn1ewest1

bigmama1 wrote: »

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!

good luck big mamma but it will probably be stayed pending the supreme court decision as my stay has been extended for a further 14 days.and get a good nights sleep no need to be worrying if they remember to turn up you will find their soliccitors really friendly and helpful x

Vauban

Good luck Bigmama. Remember flaps are irrelevant: the Court of Appeal has ruled technical problems are not extraordinary (take a copy of the Huzar CoA judgement).

Moneyedout

SteveC7 wrote: »

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?

I had a First Choice Flight booking back to the UK in September 2007
We however flew out and back on a Thomson Flight.
I also had trouble finding the flight details on flight stats and discovered that my flight home was a different number to that on my booking form and the one we flew on was actually scheduled for the later take off time. Further investigation revealed that my original flight time and number had been scheduled up until June 2007 when it suddenly disappeared.from their flight timetable. We were never advised of this change.
Therefore Thomson new in advance that we would have to wait for the flight we eventually flew home on. Myself and none of the passengers that I spoke with were aware that we were going on a different flight as we all assumed that our original flight was just delayed as we were lead to believe by Thomson staff at the airport.
Perhaps this is why you can find no record of your flight. Do you know the number of the flight you were actually on and does it tally with your booking?
I only managed to get my claim in by a matter of days before the six year time limit.
I named TUI as the Defendant but their defence was
"Wrong Defendant" and I was told over the phone by one of their law team that I could not now go ahead as I would be out of time to serve another claim.
This was deliberate incorrect information and after a little research and legal advice, realised that I could add another defendant to the original claim.
If you flew on a Thomas flight, name Thomson as the Defendant and so avoid all the hassle they gave me.
Their Barrister also told me that they do not have any records that go back that far so the only defence available to them in my case is 2 year limit rule. Our first Court hearing was stayed but that has now been lifted. I suppose the next thing will be yet another stay application from them.
If you are within the six year limit and think you have a case take them to court.

Bantamspaul

Hi

Hopefully others who were on TOM6413 due to leave Kefalonia for Bristol at 1240 on Thursday 3 July which, due to a technical issue, left c 11.5hrs late at c0015 on Friday 4 July are reading this. I have sent in a claim using MSE's Template to Thomson and I urge you to do the same.

bigmama1

Well it can only happen to us! We got to the Court at 9.15 am for court hearing at 10.00 am. I had my skeleton argument to hand in then. Then we were told our hearing was at 2.00 pm! I told the supervisor in the waiting room that we had never been supplied a time on any of our paperwork and I had written in to the court for confirmation of the time. When I hadn't received this information I phoned and was told hearing was 10.00 am today!

My husband and I returned home and found a message had been left on our answer machine. Message saying the Judge was going to make his decision on paperwork alone! I'm not very pleased at the moment as on some original paperwork from the court it had stated that if we specifically wanted an oral hearing to write in to the court. I wrote on the 7t July 2014 and requested an oral hearing because I had questions to ask the defendant.

No reply to my letter has been received as such. The only thing received was on a General Form of Judgment or Order dated 11th June 2014. This said "It is ordered that the small claims paper determination listed 10th July 2014 is restored".

Obviously, being just an ordinary person and not legally trained, I have now, I realise, possibly misread that one sentence and assumed it was going to be my oral hearing as previously requested!

It would have been simpler to understand if the court quoted the same sentence as previous. Namely "The matter will be considered in paperwork without a hearing on 10 July 2014". That was simple to understand'

It's about time plain English is clearly used in documents which would alleviate any misunderstandings for us mortals! Let alone OAP's!

The decision is supposed to be with us in a few days. I won't hold my breath!

I am already envisaging a complaint letter to the court about incompetence and lack of clear information! I'll get their decision first though before I decide how strong my complaint needs to be!

111KAB

bigmama1 - welcome to the UK legal system! Sorry to hear of your problems. My inclination would be to get an early letter into the court and added to your file so the problems you experienced today were bought before the judge prior to him/her making the possible wrong decision on your claim.

Skid_Marks

A freedom of information request I made to the CAA asking how many claims for compensation had Thomson Airways refused to settle in the last 6 years where the CAA had asked them to pay compensation to passengers, produced the reponse that they didn't know!

They did however offer to review their files on 6266 Thomson Airways claims and provide an answer if I was prepared to pay their costs of £18,250.00.

I would have thought that such basic management information would have been readily available for them to fulfil their duty to passengers and to ensure that the Airline was acting in a responsible manner.............but then of course I reminded myself that they are a just bunch of amateurs when it comes to looking after passenger rights.:rotfl:

gloriatabby

Oh no - what a shambles!:mad: Your court sounds about as organised as mine. I hope the judgement goes in your favour

DArtagnanGreg

I wrote a letter to Thomson claiming for my delayed flight on the 15th of June from Gatwick to Puerto Plata. There was a technical fault discovered prior to the flight leaving Puerto Plata, which then caused the knock on delay to my flight. A replacement aircraft was flown down from Manchester, but we were nearly 12 hours delayed in arriving. It took them 23 hours to provide a replacement aircraft.


They've obviously come back claiming ECs, so now I intend to write them an LBA before proceeding with small claims court.
Is there anywhere I can find a good template letter for an LBA that mentions technical problems are inherent in operating an airline etc?
Thanks

David_e

DArtagnanGreg wrote: »

I wrote a letter to Thomson claiming for my delayed flight on the 15th of June from Gatwick to Puerto Plata. There was a technical fault discovered prior to the flight leaving Puerto Plata, which then caused the knock on delay to my flight. A replacement aircraft was flown down from Manchester, but we were nearly 12 hours delayed in arriving. It took them 23 hours to provide a replacement aircraft.


They've obviously come back claiming ECs, so now I intend to write them an LBA before proceeding with small claims court.
Is there anywhere I can find a good template letter for an LBA that mentions technical problems are inherent in operating an airline etc?
Thanks

Have a look at the thread "Flight Delay Compensation Important Info - Please check before posting"

Don't bother with any great detail in your LBA/NBA if you have already written to them - you were delayed and you want the compensation you are (by the looks) entitled to.