Flight delay and cancellation compensation, Tui/Thomson ONLY

Pinkie1972

EFK17 wrote: »

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

The problem is Astraeus went bust in Nov 2011 so we can't claim against them. I'm going to get further advice on it and I'll let you know what happens.

Ich_2

I think you all are,but make sure that you are all referring to the same flight on the same date, as flight numbers are reused sometimes on a daily basis

blondmark

Pinkie1972 wrote: »

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!

In your example you could sue the original builder in contract and the subcontractor in negligence. However a claim for a delayed flight is completely different. That is because you are not suing in contract or in negligence. Regulation 261/2004 creates a liability for the operating air carrier and for no other party.

Thesiteagent

Hi All,
Just a quick one, was anyone else on flight Tom 5433 Palma Majorca to Luton on June 10 2010 or am i the only one on here?

lelbel1

Well, Thomson's 14 days are up today, so if there is no fat, juicy cheque on my doormat when I get in tonight it's MCOL in the morning!
Is it wrong to feel excited about going legal!!?!:rotfl:

mboo29

Hi all,

No reply to my NBA so I have looked into the forms for submitting a claim using the European Small Claims Procedure as advised by Centipede.:T

On the claim from it asks before which court are you making the claim - so I am assuming this is a court in Scotland I have to put here.

According to the European Judicial Atlas website, the court that has jurisdiction to give judgment in the European Small Claims Procedure in Scotland is the sheriff court, so I phoned one of the sheriff courts and asked them which sheriff court I should use (is it the one nearest to me or does it not matter) and they told me they had never heard of the European Small Claims Procedure!!!!!

So if anyone out there could advise me of the correct court to submit my claim to (or if it doesn't matter as long as it's a sheriff court in Scotland) I will be eternally grateful.:o

Thanks in advance.

Bonters

happychap7 wrote: »

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

euclaim.co.uk are willing to pursue claims over 2 years old and are working on the 6 year principle

Gorbar

Bonters wrote: »

euclaim.co.uk are willing to pursue claims over 2 years old and are working on the 6 year principle

We are using E U delay regarding a claim with Thomas Cook, so far we are very impressed. They sent the Court papers to us to sign and enclose the court fee of £70. There was also paper work showing weather conditions on the day also all the flights in & out of the Airport on that day, we would not have known how to get this information. We are waiting the outcome of this before claiming against Thomsons but we have contacted our MP who in turn as contacted our MEP for this area, who is now looking into it. Will let you know the outcome of that. Good luck to everybody trying to claim. I will not let it rest until justice is done

LULU5779

I too have started do my own research ready for when I need it. I have printed a list of all the flights in and out of the airport that day from flightstats. Completed research on all the weather reports. Our delay was from the crew going out of hours on the previous flight due to that flight being delayed.
I have also printed a report from the CAA about the airspace being open as ours was a few weeks after the ash cloud which I’m guessing Thomson will use even though the air space had been opened for a couple of weeks. Plus I have research all newspaper reports to see if there is anything in the media that day.

nquire76

I sent a first claim To Thomsons on 30/10/12 relating to this flight which we were told, at the time, was due to a 'Mechanical Fault'. A confirmation of receipt of this claim was received on 22/11/12.
In spite of further letters and attempts at telephonic communication I could get no further response until I happened
upon a Blog relative to this subject on Thomson's own site in February this year.
In response to a posting on this site I was given information directing me to an 'Official Claim Form'. which also indicated that I would receive a reply within 28-56 days!! I duely downloaded this form and submitted it in full on 10/02/13. To date I have not received either an acknowledgment of receipt or a reply. All communications have been sent Recorded delivery so I know that they have been received.
It is obvious that Thomsons will have made an internal decision many months ago as to whether this particular Flight Delay, in their opinion, is or is not covered by EC Regulation 261/2004. It is therefore perverse and obfuscatory not to immediately pass that decision expeditously to claimants and it is certainly not conforming with their ethos 'THOMSON CARES'.
After reading the other threads on this topic it would appear that their tactics are ' Act dumb and the problem will go away'.
They obviously vastly under estmate the persistence of their customers.
It is now 148 days since the original claim and 45 days from the
'OFFICIAL CLAIM'.
Will keep in touch with progress.