Flight delay and cancellation compensation, Tui/Thomson ONLY

111KAB

mj82 - I am a great believer in just sticking to the basic facts ... ie you were delayed xxx hours on flight xxxx on xxxx and in accordance with EU261/2004 you are entitled to €xx per person. The people you travelled with were 1/2/3/4/5/6 and accordingly I am due €xxx - now pay up you miserable toe rags ...... you may want to miss off the last bit!


Next letter (they are bound to quote extraordinary circumstances) should - IMO - go into detail ....Huzar etc and also be an NBA.

mj82

111KAB wrote: »

mj82 - I am a great believer in just sticking to the basic facts ... ie you were delayed xxx hours on flight xxxx on xxxx and in accordance with EU261/2004 you are entitled to €xx per person. The people you travelled with were 1/2/3/4/5/6 and accordingly I am due €xxx - now pay up you miserable toe rags ...... you may want to miss off the last bit!


Next letter (they are bound to quote extraordinary circumstances) should - IMO - go into detail ....Huzar etc and also be an NBA.

Thanks.

How long is reasonable to allow them to respond to the initial letter? I keep reading posts about 56 days...obviously this is a long thread and I have spent a lot of time reading many posts but it gets confusing. Should I state in my initial letter that I want a response within x amount of days?

Sorry that I am bound to be asking something that I am sure will be answered in a post somewhere...it's just finding things that are the problem! I appreciate all of you that take the time to help us newbies out!

Vauban

14 days is generally regarded as reasonable and sufficient. But what will you do when they don't respond in that timeframe?

legal_magpie

You can give them as long as you like. It's unlikely to make any difference. Assuming that they say "no" your remedy wil be to commence court proceedings.

If you want to give a deadline I suggest 21 days. But don't make a threat unless you intend to carry it out as it destroys your credibility.

As this is a recent case there are no limitation issues (be it two years or 6 years) and if they say "no" I would recommend waiting to see what happens in Huzar (whether or not Huzar applies to your case).
JJ

mj82

Well from all the research etc it seems the best thing would be to follow it up with a more in depth letter as mentioned above and giving them formal NBA - then start proceedings when they fail to respond.

Unless you feel it would be better dealt with another way?

Thanks for taking the time to respond.

mj82

legal_magpie wrote: »

You can give them as long as you like. It's unlikely to make any difference. Assuming that they say "no" your remedy wil be to commence court proceedings.

If you want to give a deadline I suggest 21 days. But don't make a threat unless you intend to carry it out as it destroys your credibility.

As this is a recent case there are no limitation issues (be it two years or 6 years) and if they say "no" I would recommend waiting to see what happens in Huzar (whether or not Huzar applies to your case).
JJ

I am definitely not expecting anything I send them to make any difference - I am anticipating that they will ignore or say no.

I fully intend on taking this all the way. It was a dreadful experience and the way they handled it was awful.

As it was a technical fault that caused the delay the Huzar case is relevant here (I am certain they will use the extraordinary circumstance defence).

Sue_at_the_seaside

When I first heard about the possibility of compensation, I had shredded ALL the relevant documentation the day before! ( a couple of years ago, I think) So did nothing about it until a month ago, at the time of my letter to them, it was 5 years and 2 weeks since the delayed flight. I found the date from newspaper report on line (and printed the article out for them) got the flight details from the site recommended on MSE site, amended the template slightly and sent all the info I had.
***Today I received a check for the maximum compensation***
I really thought there would not be a hope in hell of this as it was over 5 years.


Thanks

wewillywinkey

a long story short................... just thought I would let you know that Thompson Airways sent me a letter stating that, And I Quote,...... The supreme Court in the UK has said that claims to do with " International carriage by Air" need to be brought within two years. We, Therefore, cant consider claims for flights that were delayed more than two years ago.


so they are saying the Supreme court have ruled in their favour, but as we know the supreme court haven't had their first hearing yet, (sometime in November 2014) and depending on that outcome, a court hearing and a ruling on the subject wont take place until around march 2015.
I sent a letter to the Supreme Court just to inform them that Thompson are stating that the court has made its ruling already and found in its favour.
the reply I got Supreme Court was, they don't seem interested. im sure if it was me or you stating that they had made a ruling when they hadn't we would find ourselves on some sort of charge for contempt of court, misrepresentation etc.
Obviously Thompson are trying to pull a fast one!....... again!

111KAB

wewillywinkey wrote: »

Obviously Thompson are trying to pull a fast one!....... again

Although a separate case read the Huzar thread for Huzar -v- Jet2. The Dawson case (this is relevant to you) is to be considered by the Supreme Court next month and the SC will decide whether to hear the case in spring/summer 2015. So you are totally correct however for other posters I clarify.


There is every possibility that the Dawson case may not be permitted a hearing in which case the 6 year rule will stand.


I provide a link >


http://supremecourt.uk/news/jet2-v-huzar.html


EDIT > The CAA are not helpful!

MC1977

razorsedge wrote: »

Some info here posted by me earlier this month about asking for bird strike info.

For what it is worth, it is my opinion that bird strikes are not an extraordinary circumstance in any case but especially if it did not happen to your flight. There is a lot of info here on the CAA website about bird strike occurances

Hi Razorsedge

Thanks to your advice, I have received information from the CAA that shows my airline did not report the bird strike they claim was the 'extraordinary circumstance' that meant they were not liable to pay me compensation. The CAA also confirmed that under the MOR scheme an EU airline is required to make a report if 'an aircraft suffers a bird strike which results in damage to the aircraft or loss or malfunction of any essential service', even if this happens in 'non-EU territory'.

Given this information and the fact they are unwilling to give any other details to me, I feel I will only get to the truth through legal action.
My problem is that I am a British expat and do not know which court to apply to. I am guessing a UK small claims court will not allow me to negotiate a date to appear in court. However, I do know the European Small Claims Procedure (ESCP) does not require you to appear at the hearing. Has anyone had any experience of using the ESCP?

P.S. I am not allowed to post links so I had to remove them from Razorsedge's post - If you need them please find it on this message board as I found it very helpful.

Kind regards


MC1977