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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • I have contacted Plymouth County Court today to be told our stay was lifted on the 1st December , but they haven't yet had chance to inform us or Thomsons. The hearing is listed for 5th Jan. I have informed Thomson so now I just need to wait and see if they respond.
  • Tigger74 wrote: »
    I have contacted Plymouth County Court today to be told our stay was lifted on the 1st December , but they haven't yet had chance to inform us or Thomsons. The hearing is listed for 5th Jan. I have informed Thomson so now I just need to wait and see if they respond.

    Incidentally their only defence now is that we need to prove we were on the flight.We do have the credit card statement to show we payed for it and statements from all the family plus holiday photos.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Tigger74 wrote: »
    Incidentally their only defence now is that we need to prove we were on the flight.We do have the credit card statement to show we payed for it and statements from all the family plus holiday photos.

    Hi Tigger74,

    You can get proof by using the data protection act, they have to give the information to you if you ask the question ' According to your records was I on the flight xxxx' cost you a small fee it's £10. Search data protection to find out more.

    That's such a silly defence.

    Cheers,

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Hi Tigger74,

    You can get proof by using the data protection act, they have to give the information to you if you ask the question ' According to your records was I on the flight xxxx' cost you a small fee it's £10. Search data protection to find out more.

    That's such a silly defence.

    Cheers,

    NoviceAngel

    Hi NoviceAngel,

    I did that many months ago before starting the court process. They said they no longer held the records and returned the cheque. Their argument is now that they cannot say whether there was a delay or whether we were on the flight so I must prove this. I enclosed limited info from flightstats too.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    edited 10 December 2014 at 6:14PM
    Tigger74 wrote: »
    Hi NoviceAngel,

    I did that many months ago before starting the court process. They said they no longer held the records and returned the cheque. Their argument is now that they cannot say whether there was a delay or whether we were on the flight so I must prove this. I enclosed limited info from flightstats too.

    Well I simply don't believe them, I think a DJ would take a very dim view of this type of defence by Thomsons.

    I hope someone can give you further info on this, but my view is that the burden of proof is with the airline to prove that you were not on the flight, not the other way round!*

    * see correction below by legal magpie
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Well I simply don't believe them, I think a DJ would take a very dim view of this type of defence by Thomsons.

    I hope someone can give you further info on this, but my view is that the burden of proof is with the airline to prove that you were not on the flight, not the other way round!

    Thats what Iwas thinking too.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    edited 10 December 2014 at 6:09PM
    I hope someone can give you further info on this, but my view is that the burden of proof is with the airline to prove that you were not on the flight, not the other way round!

    This is quite wrong. It is always up to the Claimant to prove his claim. However, your oral evidence that you were on the flight is a good start and the credit card statement would act as corroboration. If Thomson have destroyed the records (I don't believe that for a minute) that's their problem.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    I hope someone can give you further info on this, but my view is that the burden of proof is with the airline to prove that you were not on the flight, not the other way round!
    This is quite wrong. It is always up to the Claimant to prove his claim.

    Thanks for the legal correction there JJ
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • This is quite wrong. It is always up to the Claimant to prove his claim. However, your oral evidence that you were on the flight is a good start and the credit card statement would act as corroboration. If Thomson have destroyed the records (I don't believe that for a minute) that's their problem.

    Thanks for that legal magpie.
    The flight was originally with First choice, who were bought out by Thomson, they say because of the passage of time they no longer hold any records. I do have correspondance from them to support this and of course the returned cheque.
  • hi all

    just to let u know our good news, after claiming for a delayed flight in sept 14 from manchester to tunisia and not hearing a peep from thomson, just got a letter today confirming our claim and refunding €800 :T:T, was hoping for more as we had a child as well but they said we had a free child place and that doesnt count......guess we shouldnt be too greedy!
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