Flight delay and cancellation compensation, Tui/Thomson ONLY

Skid_Marks

Scoobyd00 wrote: »

I called Bott and Co today and they said that they have only asked for claims which they have litigated to be paid so if this isn't the case then stop waiting for the postman or checking your emails because they haven't even started on these yet.I've contacted Thomsons myself because Im fed up too of waiting to hear.Bott said they will call me back but still haven't and I think emails they send are just copied and pasted to stop clients asking questions.Not impressed with the service at all

A friend of mine has been having similar problems with Bott & Co........he feels that their e-mail updates are a sleight of hand and your comments about claims not yet litigated appears to confirm this.

ybrik

I am in court with thomson on friday and I am nervous. I dont have my boarding pass but have the stamp in my passport. I also have a photo of the plane with the inspection panels up. I have my booking reference number supplied by the shop I booked at. I am assuming that Thomson have to prove we weren't on that flight. They have the passanger manifest. They know. Any tips on dealing with this.

dan12345

Our case is litigated with Bott and Co, as I posted above Thomson's (extended) deadline to respond to the court was 30th December. I also find them a little dismissive when I call them (but it varies between the different staff)....they do soften a little when they see the case is litigated.

I emailed them today to confirm they had asked the court to rule and to be fair they responded within a couple of hours, they did say that it is possible that Thomson may have filed a defence but the court hadn't told them, which I thought would be a bit odd.....however they have written to the court asking for judgement. I would find it incredible if Thomson have filed a defence; ours is a straight forward case of a delay caused by a technical fault.

There is no doubt Bott must be up to their necks in cases and you could argue that every time someone calls or emails that takes them away from their work! I find it very unusual that there seems to be people posting that they've written one simple letter to Thomson and have subsequently received a cheque. I guess Thomson must really hate Bott and hold out as long as possible before coughing up to their clients!

I will post any update.

Dan

Vauban

ybrik wrote: »

I am in court with thomson on friday and I am nervous. I dont have my boarding pass but have the stamp in my passport. I also have a photo of the plane with the inspection panels up. I have my booking reference number supplied by the shop I booked at. I am assuming that Thomson have to prove we weren't on that flight. They have the passanger manifest. They know. Any tips on dealing with this.

The legal test, as I understand it, is that the court needs to be persuaded that, on the balance of probability, you were on the flight. You have presumably submitted a signed witness statement to this effect?

But I'd be surprised if that's the airline's main defence: have you received their bundle of documents, and argument? And have you submitted your documents to the court and airline?

ybrik

I started with money claim online then went to small claims after they refused compensation. They have had all of my documents, including ones which will be presented. Their argument is mainly based on the montreal convention, which has been ruled out (dawson vs thomson) and also tech problems, now ruled out (huzar vs jet 2) I even have a photo of the plane with the inspection panel open.
The only thing is I dont have the boarding passes (5years ago!) But reading from the forum, they have to disprove. I have the booking reference which was supplied by the shop I booked in. They wont supply a copy of the booking form. . Thomson in all of their correspondence have never deny that we travelled.
Should I phone thomson? Should I calll the court to see if they have submitted witness requests. I want to be fully prepared

Vauban

To be clear, Thomson don't have to disprove you were on the flight. A booking reference of itself is unlikely to persuade a judge, but if you have included it in a signed witness statement then I don't think this will be a problem.

If you've included the Dawon and Huzar Court of Appeal judgements - and the subsequent decision by the Supreme Court - then I'm sure you're good to go. I look forward to reading of your success on Friday - if the airline don't settle in full beforehand!

chrissygo

Thomsons have again rejected my claim for compensation for delayed flights to Barbados in April 2014. They claim the delay was caused by a "manufacturing fault". I am therefore going to submit a claim through the small claims court. I think I should claim again TUI and not Thomsons. Is that correct? Fortunately, I have the boarding cards as I emailed them to myself for printing. Four and a half delay going out, and three and a half for the return journey. Thanks

razorsedge

chrissygo wrote: »

I think I should claim again TUI and not Thomsons. Is that correct?

No.

Your claim is against the operator of the flight. So assuming it was a Thomson flight then your claim is against:

[FONT=&quot]Thomson Airways Limited
Tui Travel House
Crawley Business Quarter
Fleming Way
Crawley
West Sussex
RH10 9QL[/FONT]

razorsedge

chrissygo wrote: »

CAA are aware of their new games and have asked them to elaborate but, to be honest, I am not going to wait. I am going to submit a claim through the courts.

If you have already contacted the CAA then contact them again.
Tell them you have no confidence in the CAA's ability to correctly interpret Reg EU261/2004 and The Law and you want to withdraw your complaint and for the CAA to cease investigating immediately.

Plenty of comments on this forum as to why to CAA are Useless/Worthless/Toothless

111KAB

chrissygo wrote: »

Thomsons have again rejected my claim for compensation for delayed flights to Barbados in April 2014. They claim the delay was caused by a "manufacturing fault". I am therefore going to submit a claim through the small claims court. I think I should claim again TUI and not Thomsons. Is that correct? Fortunately, I have the boarding cards as I emailed them to myself for printing. Four and a half delay going out, and three and a half for the return journey. Thanks

Treat as two separate claims.