Flight delay and cancellation compensation, Tui/Thomson ONLY

tonxy22

Vauban wrote: »

That's exactly the thing to do. Good luck - but I don't think you'll need it.

Thanks Vauban! So many times through this process I've thought that Thomson can't possible wriggle anymore and somehow they always seemed to so I'm pretty non-plussed until I have the desired result in the bank....All I can say is that I hope whoever has been advising Thomson has good indemnity insurance - they must've spent a fortune in solicitors fees. It wold be interesting to see a comparisson with the way they've handled this to just wiping the slate clean.

Vauban

tonxy22 wrote: »

Thanks Vauban! So many times through this process I've thought that Thomson can't possible wriggle anymore and somehow they always seemed to so I'm pretty non-plussed until I have the desired result in the bank....All I can say is that I hope whoever has been advising Thomson has good indemnity insurance - they must've spent a fortune in solicitors fees. It wold be interesting to see a comparisson with the way they've handled this to just wiping the slate clean.

In the context of your claim, it seems absurd for the airline to resist: you know the law and the law is on your side. But some airlines play (an intelligent) percentages game: by throwing up obstacles and making a claim difficult, they can deter the vast majority of people who ever get round to complaining (themselves a minority) for taking their claim further.

The more people who win, however, the more others will be encouraged to claim. And, after the Huzar and Dawson judgements, it's now got a lot easier too.

MasterPoo

Hi All,

I followed the guide and submitted a claim to Thomsons for a delayed flight in 2010. submitted the claim on 6 November 2014. There were 3 of us so Fingers Crossed, I will come back and report on the outcome.

BRIEF DETAILS:
Flight TOM 107
21 February 2010 from La Ramona Airport (LRM) to Manchester Airport (MAN) with the scheduled departure time of 21h30. This flight arrived 5 hours 20 minutes hours late at MAN.

deb.p123

After the outcome of the Appeals I contacted Liverpool Court to ask for an update, only to be told the judge hasn't made a decision yet, and I will be contacted in due course. I have waited the 14 days and I have lost patience so I will write to both Thomson and the Court today asking for the stay to be lifted and compensation paid.


I asked for 8% interest and I expect to use this as a bargaining tool, I know it is paid from the date of the flight but up to when?


Also I made the error of not putting my partner down as a claimant and just mentioned him in the particulars. I did ask at the stay hearing for him to be added (I included a letter of authority in my bundle) but this was denied. I know some judges have allowed others to be added, is there anything I can add in my letter to hopefully get them to reconsider?

JPears

Just submit another claim for the other party. When you get your compensation it should be considerably easier second time around. If they take it to court again then more fool them with the coiurt fees and the court service for being an !!! sometimes and wasting court time by not coinsidering your claims together.....

legal_magpie

Or you can apply for him to be added as a party to your claim. Alternatively, if Thomson agree to pay your claim your partner can notify them of his claim (or you can do it for him) in the hope that they will settle it without the need for him to start proceedings.

NoviceAngel

For anybody following this thread if your case is currently 'stayed' could you help out with this info : HERE!

phritchie

We've finally settled with Thomson and the money has arrived in our account today, £1509, party time!
:beer:

It's a long road but don't give up!

For those interested, we claimed for Birmingham - Cancun on 22nd Feb 2010, which was delayed just over 4 hours. We never truely found out why; the pilot at the time said it was due to bad weather on a previous flight, Thomson claimed in their defence it was due to techncial problems on a previous flight but they later dropped that defence when I sent some probing questions.

Our case therefore came down to 2 year limitation, which was defeated in the supreme court (and at a number of lower courts beforehand!) last month. I first wrote to Thomson in January 2013, and started the court process in Sept 2013. I first found out about the EU regulations in 2010, a few months after the flight, but Thomson said they "disagreed with the regulations" and wouldn't give us a penny. It wasn't until Oct 2012 when the EU court said the regulation was valid that I started to pick up the case. Of course by that point, Thomson had come up with their 2 year rule nonsense.

Lesson learned - start court action promptly, and don't get fobbed off by big companies!

NoviceAngel

Well done - it will be a good Xmas at your home!!

Thanks for that, please post in the Court Success thread to give inspiration to others.

21yrold

Dear Xxxxx

Re: Thomas Cook - Case Ref: - Booking Ref: N/A

As you know, we wanted to fully investigate your claim for your flight delay but had to wait until the Huzar vs. Jet2.com legal case had been heard.

On 31st October 2014 a decision was made by the Supreme Court. This ruling confirmed that a number of technical incidents leading to flight delays can no longer be classified as extraordinary. This is different to previous guidance given by the UK CAA and other national enforcement bodies.

We accept this new decision and we will now review all our cases in light of this recent change.

Due to the high workload that we are currently experiencing we want to apologise for any delay in coming back to you with a further update. We will try to reduce the time you have to wait to hear from us again to acceptable levels as quickly as possible.

We are very sorry that your flight was delayed. As soon as we have fully investigated the reasons why, we will be back in touch.

There is no need to contact us but if you need to, do so by using the reply button only.

Kind Regards,

Thomas Cook Customer Relations

Thomas Cook
Customer Relations Department
Thomas Cook
Coningsby Road
Peterborough
PE3 8AB

Tel No: 01733 224 814
Opening Hours: 9am-8pm Mon-Fri, 9am-5pm Sat.

Thomas Cook is a trading name of Thomas Cook Tour Operations Limited
Registered Office: The Thomas Cook Business Park, Coningsby Road, Peterborough, PE3 8SB
Register in England No. 3772199


I've just had this from Thomas cook, I realised it was after I posted the other day.

Is this good or bad....court is on the 11th December