Flight delay and cancellation compensation, Tui/Thomson ONLY

lovesavingmoney56

lovesavingmoney56 wrote: »

I would be really interested to hear from anyone that was on Thomson flight TOM 5074 from Sharm el Sheikh to East Midlands due to depart on 28 July 2008 at 21.39
The flight was delayed by approx 23 hours and I am seeking to claim compensation from Thomson, so far I have been in correspondence with them for the last 6 months and they are trying to fob me off with the 2 year rule.
I intend to take them to small claims court but what I seek to find out is the exact cause of the delay before I proceed. I remember it being stated at the time as a problem with a tyre or the wheel but just wondered if anyone out there was on the same flight and still has the letter that was given out at the time with the exact reason for delay. Please message me if anyone can help. Many thanks in advance.

I have finally received a cheque(like many others) from Thomson for our claim with only 4% interest, some £400 short of the sum I was claiming for. I am of course very happy and relieved that this is finally coming to a favourable end. I have spoken to a very disagreeable fellow at Thomson who basically insinuated that I was being greedy by asking for 8% interest. I disagree, after all of the hassle I have had with Thomson dismissing my claim I feel I am entitled to every penny I can squeeze out of them! I just feel as though I am being pushed into a corner by them once again and I do not know if it goes to court if the judge is likely to award me 8%. Any advice would be greatly appreciated. Many thanks in advance.

MGOR

Vauban wrote: »

MGOR: £600 is a lot of money (to me anyway!) - I'd play hardball and tell them to shove off!

It is a lot of money! Would pay for another holiday. My niggle is that it's fighting over a question of interpretation of what date to use for calculation of currency exchange. To my mind it makes sense it should be the date of delay but as discussed on here before it is unclear. No doubt if the exchange rate at the date of delay was in Thomson's favour they would use that. Something to mull over whilst having a congratulatory drink tonight.

Regardless of my decision at least payment has arrived. Thanks to all who have helped and advised especially Vauban, Centipede 100 (where are you?), J Pears,Mark2Spark,legal magpie and many others.

For anyone considering making a claim go for it. There is plenty of advice on here albeit a lot of reading. A lot of people have spent time and effort to come up with answers so before asking questions search the forums as the chances are someone will have had a similar issue. I am not sure anything new can now develop but having followed the Jet2 forum you never know!

Finally to Thomson as I am sure you follow this forum consider this. You have annoyed a lot of previous customers with your attitude. I for one have not used Thomson now for 4 years after generally travelling with them in the past and will be very reluctant to do so in the future. That's a customer (family of 4) you have lost. Ask yourselves if I have that view how many other customers have you lost? You might not care but it is an approach you may come to regret in future years if customers vote with their feet and use alternatives. There are companies out there who at least seem to be doing the right thing. In the past I had a 48 hour delay in Grenada (such hardship!). The airline Virgin looked after us and even provided a taxi from Gatwick to Manchester for us as we missed the connecting flight. We got 'airmiles' as compensation which was sufficient to fly again with them to Grenada. Would I use them again despite the delay - absolutely because of the way they dealt with it. That's a lesson on how to deal with delays.

111KAB

lovesavingmoney- No judge is going to thank you for taking a case to court to achieve a higher rate of interest - unfortunately. Thomson know this and take advantage of the 'system'.

dxc_chappie

111KAB wrote: »

lovesavingmoney- No judge is going to thank you for taking a case to court to achieve a higher rate of interest - unfortunately. Thomson know this and take advantage of the 'system'.

Maybe not. But if 8% is on the claim and the Defendant doesn't pay this then IMHO the Claimant has a right to have it settled by the Court. It doesn't necessarily need attending a hearing in Court - if it is made clear it is only the interest rate in dispute then a telephone hearing could be possible or the Judge making an order by letter.

Thomson won't be too keen to pay for a barrister to attend court again.

Play hardball with them and they will agree to 8% - at least they did for me.

jayw996

MGOR wrote: »

It is a lot of money! Would pay for another holiday. My niggle is that it's fighting over a question of interpretation of what date to use for calculation of currency exchange. To my mind it makes sense it should be the date of delay but as discussed on here before it is unclear. No doubt if the exchange rate at the date of delay was in Thomson's favour they would use that. Something to mull over whilst having a congratulatory drink tonight.

Regardless of my decision at least payment has arrived. Thanks to all who have helped and advised especially Vauban, Centipede 100 (where are you?), J Pears,Mark2Spark,legal magpie and many others.

For anyone considering making a claim go for it. There is plenty of advice on here albeit a lot of reading. A lot of people have spent time and effort to come up with answers so before asking questions search the forums as the chances are someone will have had a similar issue. I am not sure anything new can now develop but having followed the Jet2 forum you never know!

Finally to Thomson as I am sure you follow this forum consider this. You have annoyed a lot of previous customers with your attitude. I for one have not used Thomson now for 4 years after generally travelling with them in the past and will be very reluctant to do so in the future. That's a customer (family of 4) you have lost. Ask yourselves if I have that view how many other customers have you lost? You might not care but it is an approach you may come to regret in future years if customers vote with their feet and use alternatives. There are companies out there who at least seem to be doing the right thing. In the past I had a 48 hour delay in Grenada (such hardship!). The airline Virgin looked after us and even provided a taxi from Gatwick to Manchester for us as we missed the connecting flight. We got 'airmiles' as compensation which was sufficient to fly again with them to Grenada. Would I use them again despite the delay - absolutely because of the way they dealt with it. That's a lesson on how to deal with delays.

Very well said. We used to travel twice a year with them. I am now in my fourth year with no Thomson travel, though I am now a BA exec card holder, go figure. BA have been great, one problem out of Cancun dealt with very well so I rebooked for the following year. We also have invited friends to travel with us, Thomson lose out again. Seems stupid to me.
In my case my claim was stayed due to Huzar and Dawson. They are no longer defending it on time or tech issues but have decided to continue anyway on the grounds of poor weather. Not to worry, they may change their mind when they see whats in my bundle. You have to laugh. The one frustrating thing in the whole process is the court. Inadequate Judges who don't read the bundles and won't make a decision and won't punish Thomson for continually not submitting paperwork at the correct time. Such is life I guess!

ukjoel

We flew late October to Kos and were delayed 4 and a half hours on the return trip.

I wrote to Thomsons giving them 14 days to pay out as per recent court ruling. They asked for 28 days in the standard email respoonse.

Late November I started small claims court action online for £800 euros (400 each for myself and my wife). They responded at once saying they would be disputing the claim.

Yesterday I cheque arrived for £690 as a settlement for the claim.

I know some of you have been to hell and back to get this money and I was amazed this all went so smoothly.

I would like to say thank you to all the previous posters particularly those that have taken the time to list the standardized forms and templates.

You are all wonderful people.

Thanks

curls

leicsmarkyr wrote: »

Has anyone had any successful claim on the London Gatwick to Sanford flight of 25th April and return 9th May?

I had replies to my initial letters. They claimed earlier lightening damage to the aircraft caused the delay on 25th April and a problem with the cabin interphone system prior to the previous flight caused the return delay.
They have totally ignored my responses, including the NBA which I sent nearly two weeks ago.

Can any other fellow passengers give an update?

bensonsmum

I am claiming compensation for myself, and my husband under Article 7 of EC 261/2004, which provides for €600 per passenger to be paid in the following circumstances.
These were that Thomson cancelled our flight TOM 78 from London Gatwick to Cancun Mexico on 30-05-2009, and informed us via the travel agent, five days before we were due to fly, and did not put us on another flight until 01-06-2009, flight TOM374 which flew out of Bristol International via Manchester into Cancun Mexico a delay into our destination of some 47 hours.
Despite writing to Thomson on three occasions since this event, most recently on 03-12-2014 with a final notice before action, they have declined to respond to my request for compensation.
I am also claiming £108 for the car parking for the two weeks we were away and the hotel which was for the night before our flight, that i had booked and paid for, that we were now unable to use as our departure airport and dates of departure had been changed.
I am also claiming interest on monies due @ 8% p.a. from the date of our original departure.

Can someone tell me if this sounds about right to put as particulars of my small claims please. Also I was going to go through MCOL but how i have read it its only to claim for one person, I found the wording to be quite confusing so can I use it to put in a claim for my husband and myself?

Caz3121

bensonsmum wrote: »

I am also claiming £108 for the car parking for the two weeks we were away and the hotel which was for the night before our flight, that i had booked and paid for, that we were now unable to use as our departure airport and dates of departure had been changed.

Did Thomson agree to pay these expenses?
I would expect these to come from the €600 compensation or from your travel insurance as airlines are not usually responsible for consequential losses

lovesavingmoney56

dxc_chappie wrote: »

Maybe not. But if 8% is on the claim and the Defendant doesn't pay this then IMHO the Claimant has a right to have it settled by the Court. It doesn't necessarily need attending a hearing in Court - if it is made clear it is only the interest rate in dispute then a telephone hearing could be possible or the Judge making an order by letter.

Thomson won't be too keen to pay for a barrister to attend court again.

Play hardball with them and they will agree to 8% - at least they did for me.

Thanks for the advice and also to 111KAB. I'm still undecided on the best course of action, but your advice has reiterated that it could go either way if I pursue it. Also thanks to everyone on this forum for all of the posts and advice. I have followed the forum avidly over the last 18 months. Without this forum and reading everyone else's stories and advice, I definitely wouldn't have had the courage or confidence to pursue my claim. Power to the people!!!:D
Merry Christmas to all.

:beer: