Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

Hurrah DCX! Great result - glad you held firm and got your full entitlement.

legal_magpie

Dave 6. It is make your mind up time. Two choices.
1. Issue and take your chances with the lack of evidence.
2. Stop now and move on.
If you don't issue by the due date your claim falls anyway.

Den_ram

So to cut a long story short my reply from Thomsons was "in case of your flight, the cause of the delay was due to a delay to another aircraft due to 'unexpected flight safety shortcoming' arising from the discovery of a technical defect that doesn't fall into the category of something that was ought to have been discovered during routine maintenance"


I was under the impression these EC's were only applicable to the flight in question?


So... I took this up with the CAA and Thomsons response was they have refused my claim on the basis that my flight is more than 2 years old. I am aware that this 2 year nonsense is not the case but where do I stand with the safety shortcoming to the other aircraft??
Thanks in advance for the advice guys!! Denise

JPears

Den_ram wrote: »

So to cut a long story short my reply from Thomsons was "in case of your flight, the cause of the delay was due to a delay to another aircraft due to 'unexpected flight safety shortcoming' arising from the discovery of a technical defect that doesn't fall into the category of something that was ought to have been discovered during routine maintenance"


I was under the impression these EC's were only applicable to the flight in question?


So... I took this up with the CAA and Thomsons response was they have refused my claim on the basis that my flight is more than 2 years old. I am aware that this 2 year nonsense is not the case but where do I stand with the safety shortcoming to the other aircraft??
Thanks in advance for the advice guys!! Denise

Send you NBA then either start legal proceedings or go to a NWNF firm. Usual smoke and mirrors from airline to put you off your claim.

smartly

I've had a letter this morning saying that adverse weather conditions on a previous flight negates my claim, they have also said the previous flight to mine spent the night in the airport in the UK which is incorrect as it flew but fours late arrival at my departure airport.

I pointed out that a delay on a previous flight due to weather does not stop my claim and they said "this is Thomson's standpoint on this".

I'm less than a month away from the six years now but did issue an NBA in 2013 which still stands.

richardw

Smartly, perhaps it's time to state their stand point is unreasonable and to start the small claim process with a NBA.

JPears

richardw wrote: »

Smartly, perhaps it's time to state their stand point is unreasonable and to start the small claim process with a NBA.

I dont think an NBA is needed here. One has already been sent 2013 and cynics might suspect that TC are procrastinating to push claimant out of time.

Den_ram

Thanks JPears...am I correct tho in thinking EC's can only be applied to the flight in question and not a previous flight? It wasn't even the same aircraft...! If this is correct I will pursue it myself...

legal_magpie

Smartly. As you almost out of time you eiother have to issue your claim NOW or forget it for ever. The limitation period relates to proceedings actually being commence not NBAs. You simply haven't got time to get involved in further correspondence.

Den_ram

JPears wrote: »

Send you NBA then either start legal proceedings or go to a NWNF firm. Usual smoke and mirrors from airline to put you off your claim.

Thanks!!
NBA has already been sent.... Just really need to know if ECs apply only to the flight in question or if they can use the excuse of a previous delay to another aircraft?