Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Thomson issued a statement following this morning's announcement saying: "We believe that it is reasonable to expect that those who perceive they have suffered a real loss as a result of an unfortunate delay should be able to make their claim within two years. We are surprised and disappointed to note the decision of the Supreme Court as we believe our position is sound in law. We will now review this position based on the court's decision."

Yeah - I bet you will!

tracylou

I haven't posted for some time but follow this forum regularly and now I have a question for the very helpful legally-minded people on here.

Quick recap: flight delayed for 21 hours in Sept 2011. Claim submitted in Sept 2013 which was rejected using the 2 year limit. Claim re-submitted in July 2014 following the Court ruling that claims can go back 6 years. Received the usual standard reply about appealing to the SC. NBA sent in August and received the usual standard response again. I'm waiting for the outcome of the appeal before taking legal action.

My concern is this. If Thomson's appeal is rejected and Jet2 is successful, how likely is it that Thomson will then decide to use EC's in place of the 2 year time limit?
In other words, will the people whose claims were rejected under the 2 year limit now be faced with the EC's excuse, and is it even legal for Thomson to consider this? Surely if they've rejected a claim for one reason, they can't then just turn around and reject the same claim giving another reason? Or can they?

I hope I made myself clear, any advice greatly appreciated.

glentoran99

both appeals were rejected

glentoran99

Vauban wrote: »

Thomson issued a statement following this morning's announcement saying: "We believe that it is reasonable to expect that those who perceive they have suffered a real loss as a result of an unfortunate delay should be able to make their claim within two years. We are surprised and disappointed to note the decision of the Supreme Court as we believe our position is sound in law. We will now review this position based on the court's decision."

Yeah - I bet you will!

I think they are right in there thinking that two years is ample time, shame the law doesnt agree eh thomson,

I dont see it being an issue going forward anyway as its only the backlog has caused the problem

tracylou

Had already posted the above before I saw the great news about the appeals being rejected. Wonderful.

bettys73

Thomson have twice rejected my claim - stating a knock on effect was exceptional circumstances. I twice quoted the relevant court case clearly ruling that a knock on effect doesn't qualify. Thomson says they stand by their refusal & will not respond to any further communication from me. At no time have they cited any other reason for the delay or their refusal to settle. Although they didn't cite the two year rule I thought it best to wait.
As our case is outside the two years I've been waiting for this appeal to be heard. Looks like we're going to court.

Ningaloo

What is the next step now with my 'stayed' case.

Do I write to the court asking for the case now to be heard?

Vauban

deslorna wrote: »

What is the next step now with my 'stayed' case.

Do I write to the court asking for the case now to be heard?

Yes you do.

bettys73

Sorry about this but could someone please link me in on how to draft a 'Notice Before Action' letter. I've searched & searched the forums but can't find it anywhere. Many thanks

Vauban

bettys73 wrote: »

Sorry about this but could someone please link me in on how to draft a 'Notice Before Action' letter. I've searched & searched the forums but can't find it anywhere. Many thanks

Have you read my guide?