Flight delay and cancellation compensation, Tui/Thomson ONLY

MasterPoo

Hi All,

Before I issue proceedings and paying out additional costs etc., I wanted to double check if I have a claim (I just tried the bottonline, it says yes) I'm not sure why I'm hesitating??? I read through the guide, I wrote the necessary letters......but I'd like to get a "Yes you have a case" (I'm second guessing myself) from yourselves, here are my details (we departed LRM after a 6h30 delay) - This was my first letter:

6 November 2014

After Travel Customer Support,
Thomson Holidays,
Wigmore House,
Wigmore Lane,
Luton,
LU2 9TN

Dear Sir or Madam,

Re: Compensation claim for delayed flight
Booking reference: THOMAS COOK BKG REF 1115-5058767
Thomson booking ref is 443958

I am writing regarding flight TOM 107 on 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.

The judgment of the Court of Justice of the European Union in Tui and others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

The passengers in the party were XX-1; XX-2 and XX-3. The booking was made with a Ms XXXXX (xxxxxx.xxxx@thomascook.com) on the 27 August 2009.

My scheduled flight length was 8500miles/13 680km, therefore I am seeking Euros600 per delayed passenger in my party. The total is Euros1800 for all passengers.

I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.

Thanking you.

toughtobeabug

After a year of sending my original letter and a couple of follow up emails with yet no response I was going to write one final letter but got home to find a cheque for £950, I think since the supreme court verdict they are paying out and they have a massive backlog to clear so be patient everyone.

richardw

Perhaps anonymise your post a bit more masterpoo.

Vauban

MasterPoo wrote: »

Hi All,

Before I issue proceedings and paying out additional costs etc., I wanted to double check if I have a claim (I just tried the bottonline, it says yes) I'm not sure why I'm hesitating???

MP: I'd remove your personal email address, which could get swept up by a spam bot!

Whether you have a case or not really depends upon the reason for the delay - which I don't know. If it was a technical problem or something affecting a previous flight then it's very likely you do. There are no guarantees in the small claims court - there are instances of people with good claims who just get an ignorant or indolent judge and a perverse result - but if your claim is sound you've got a very good chance indeed.

But Thomson do seem to have raised the white flag. So it might be worth you ringing them one more time to see if your claim is being looked at again - or whether it is firmly in the rejection pile.

MasterPoo

Vauban wrote: »

MP: I'd remove your personal email address, which could get swept up by a spam bot!

Whether you have a case or not really depends upon the reason for the delay - which I don't know. If it was a technical problem or something affecting a previous flight then it's very likely you do. There are no guarantees in the small claims court - there are instances of people with good claims who just get an ignorant or indolent judge and a perverse result - but if your claim is sound you've got a very good chance indeed.

But Thomson do seem to have raised the white flag. So it might be worth you ringing them one more time to see if your claim is being looked at again - or whether it is firmly in the rejection pile.

It was due to "not enough food for all passengers", I will give them a call and see.

Also is it 5 or 6 years from delay? If it's 5, then Im quickly running out of time?

scorpiouk

Sorry if this has been asked before..

Letter today acknowledging the court judgment against them.. :beer:

Order was to pay by day x... (Around 7 days form now)

TUI have replied saying they will pay in 28 days.
And saying that I contact the court "confirming the matter is resolved"


I'm thinking of the following reply...

• I will not be contacting the court.
• I will expect them to comply with the terms of the order.
• That I will take enforce the action..

Anything more I should add? Or should I wait 28 days

thanks again.:rotfl:

JPears

Write back saying that you will infomr the court once payment has been made, which should be by the date the Court has ORDERED.
If you have not received payment in your account by the date set by the court, inform them you will be seeking enforcement by the Sheriff.
They have had time to send you a letter bleating about delayed payment. They should have spent the time sending you a cheque!

scorpiouk

thanks for the advice

MasterPoo

Hi All,

I did what you advised and gave them a call. Apparently my case is with an investigator and it is on day 46 of 56. So I will give them 20 more days and see what happens.

Will keep you posted. Thanks

mj82

I contacted Thomson back in oct but was ignored.

I followed up last week with my NBA and got a cheque today for £1249!

Thank you guys for all the info on this thread!!