Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

bizzybus wrote: »

Does anyone know if interest is payable on the compensation due as first claim was back in 2011 and refused under tech.probs

Strictly speaking, interest is at the discretion of the judge. You can however insist on interest for your claim - especially if it is a significant sum of money - and proceed to court if the airline says no.

gingertomic

Hi


Does anyone know if there is an official definition of what constitutes a root cause of the delay? The reason I am asking is my family & I were delayed 8hrs on a Thompson flight from lanzarote - Manchester in Feb. I made a claim for compensation which was rejected as the root cause was passenger illness (which I have no issue with).
However we were told that the plane was damaged upon landing at Bristol.There were then issues in getting another plane sourced, which added significantly to the delay. By the time this had happened the original crew were out of hours. These 2 additional points caused the majority of the delay. Personally I would say that this was 2 root causes, and the secondary root cause (damage / requirement for new plane / out of hours crew) contributed more to the total amount of the delay? Is there a definition for root cause, or circumstances of if there are 2 root causes which one should take precedence? I'm not sure if I should challenge or not? Any ideas would be gratefully received? Thanks

Vauban

gingertomic: there's no clear official or legal term. But you're right that any court will want to make an assessment of both how much this element contributed to the and what efforts the airline then took to minimise the delay.

The difficulty you have is that the airline are unlikely to be really honest with you about the timeline of events, unless and until you take them to court. Reading from other's experiences, however, airlines tend to use the phrase "root cause" to hide the fact that the incident happened on a flight which was not yours, and this makes it much more difficult for them to satisfy the second limb of the "Wallentin test". Personally, in your situation I'd start legal action (which doesn't cost too much initially) and flush out the truth.

basilcat

We were delayed by around 5 hours on a flight from Paphos to Manchester and had to be diverted to Birmingham as we were running out of fuel in the holding pattern over Manchester. This was in 2007, either July or October (we went twice that year) but I don't have any of the paperwork left now, apparently the delay might have been due to a big football match in Manchester with a foreign team and the extra flights that had to be put on.

Can anybody on the same flight let me know the date and flight number and exact delay time as it might now be worth putting in a claim now.

Thanks

Vauban

basilcat wrote: »

Can anybody on the same flight let me know the date and flight number and exact delay time as it might now be worth putting in a claim now.

It really isn't worth putting in a claim now - you are out of time (6 years) to bring a court case, so the airline will know they can safely ignore your claim - and they will!

bilbo_2

Hello all i have sent a claim in for a previous holiday in june 2008

TOM3628 (BY3628) on 19/06/2008 from LPA LAS PALMAS to DSA DONCASTER with the scheduled departure time of 23:25.

our flight was given to another set of passengers going to manchester so we had to wait an extra 7 1/2 hours for a new flight to be arranged do you think we have any chance ?? its over six years just will that matter ?

should i handle this myself or get a no win no fee solicitor ?

thanks

matt2baker

So then, what do we do now?

I put myself on hold for a long time, waiting for the outcomes of the appeals within appeals.

Do we now re-write to Thomson and suggest they act in accordance with the new rulings, and pay up, or do we need to go through the whole sorry state of affairs and take them to court?

Vauban

bilbo wrote: »

Hello all i have sent a claim in for a previous holiday in june 2008

TOM3628 (BY3628) on 19/06/2008 from LPA LAS PALMAS to DSA DONCASTER with the scheduled departure time of 23:25.

our flight was given to another set of passengers going to manchester so we had to wait an extra 7 1/2 hours for a new flight to be arranged do you think we have any chance ?? its over six years just will that matter ?

should i handle this myself or get a no win no fee solicitor ?

thanks

Bilbo - read my post immediately above yours, in response to someone else!

Vauban

matt2baker wrote: »

So then, what do we do now?

I put myself on hold for a long time, waiting for the outcomes of the appeals within appeals.

Do we now re-write to Thomson and suggest they act in accordance with the new rulings, and pay up, or do we need to g through the whole sorry state of affairs and take them to court?

No one yet knows how the airlines are going to respond to this. Their legal avenues appear exhausted, and the law has now stripped them of their technical fault as extraordinary defence. So common sense suggests they have no option but to pay up.

My advice (as I write in my revised guide) is to write them an NBA letter, giving them 14 days to pay. And if they don't, on day 15 start the legal process. They will have to pay all your costs when you win, and now Huzar is in the bag it should make for a very straightforward claim.

matt2baker

Vauban wrote: »

No one yet knows how the airlines are going to respond to this. Their legal avenues appear exhausted, and the law has now stripped them of their technical fault as extraordinary defence. So common sense suggests they have no option but to pay up.

My advice (as I write in my revised guide) is to write them an NBA letter, giving them 14 days to pay. And if they don't, on day 15 start the legal process. They will have to pay all your costs when you win, and now Huzar is in the bag it should make for a very straightforward claim.

Hi Vauban, I did my NBA many, many moons ago, got the usual rebuffs etc. Is another NBA required in your opinion, or should I send a simple follow-up letter to their "on yer bike" one and suggest they put a pen to their cheque book?