Flight delay and cancellation compensation, Tui/Thomson ONLY

bigmama1

Moneyedout wrote: »

Just returned from court today and unfortunately we were not successful.
We had brought our case just inside the six year limit but unfortunately named TUI as the defendant . The local law students advised us that we could add Thomson Airways as an additional defendant, which we did and receive the subsequent approval from the courts and eventually another defence from Thomson.
Thomson requested several stays over a period of 12 months
We did have one court hearing some time ago when a Barrister came all the way from London (to Devon) just to ask for a stay awaiting Dawson's
judgement.
Today however another Barrister argued that adding Thomson outside the six year limit and it being backdated to our original claim, gave us an unfair advantage. Another Judge had struck out TUI name in a previous order.
He quoted various points of law and cases unknown to us.
The Judge then dismissed our case.
The Judge also said that the responsibly was on us to prove that we were on the flight.Thomson have destroyed all their paper work for that time but the Judge would not just accept our booking form alone. We unfortunately have no boarding passes from that long ago.
We were also informed that we would have to prove our flight was delayed and that flight stats were not permissible. How else could we prove it was delayed?
As it was it was dismissed before going down that road.
We feel we have been the victims of a wrong decision by a court Judge in the first place who apparently should not have granted the addition without a hearing. There were no objections in Thomson original defence regarding this unfair advantage and their only defence at the time was the two year ruling. Thus, when Dawson;s went in our favour we thought we were home and dry.
How wrong can you be?
Out of pocket, A little bruised.
Will now put it to bed.
Good luck to everyone but be wary

So sorry to hear your news. I had a similar judicial error where the judge decided to make a paperwork decision against an expressed written request to have an oral hearing.
Did you book your trip with a travel agent? In previous messages claimants who did not have any boarding proof had got their proof from the travel agent even when it was some years later.

Moneyedout

No Bigmama1, did it online as we always do.
Spent hours also researching who the defendant should be and unfortunately assumed it would the the overall company at the top of the pile. Wished I had found this site just a few weeks earlier. But there you go, whats done is done.
Pick myself up, dust myself down and forget about it.

tds

I applied for compensation for a 21 hour delayed flight from Sharm el Sheik to Glasgow in 2013 and due to the long process and subsequent contacting of CAA and the outcome I gave up on the claim.
However after watching Martin on TV last night I am now wondering if I indeed do have a legitimate claim.
This was an quote from the final letter I received from Thomson regarding my claim:


"flight was reactionary to previous flight experiencing technical issues whilst in flight. As a result flight was diverted and this caused a knock on effect to your flight. Therefore this flight falls under Extraordinary Circumstances as the technical issue was not something which could have been foreseen"


I had also been in contact by email with the CAA and this is their reply to me: they quoted a link to the new guidelines on Extraordinary Circumstances and then said: "we have asked airlines to reassess complaints that have been received by the CAA in light of this new guidance. We have now sent your complaint back to the airline for their reassessment and they will respond to you directly within the next eight weeks.
We have closed your complaint and are unable to enter into further correspondence on this issue as your complaint is with the airline for a reassessment.
Please note that at this stage, we have not made an assessment as to whether compensation may be due on your specific claim under the Regulation"


I decided that since they had not come out and said I was entitled to compensation that the letter from Thomson was final and just gave up.


I had also looked at other sights for help and because my flight was leaving Sharm some of them said I was not entitled at all as it was not within the EU.


Should I resend a letter to Thomson asking them to look at my case again and if so under what new circumstances should I quote as my reason for this.


Any help would be greatly appreciated.


J

111KAB

tds wrote: »

Any help would be greatly appreciated.


J

Thomson owe you. Read Vauban's guide and pursue court case yourself or by using NWNF - enjoy your compensation.


https://dl.orangedox.com/GdfSa4xUZdZI5GJadr/Vauban's%20Guide%20to%20Claiming%20Flight%20Delay%20Compensation.pdf

rwpjw216

I can't categorically state that our flight from Luxor to Birmingham in November 2008 was delayed due to the flight from Birmingham to Luxor being delayed, but our recollections are that there was a 'technical' issue which delayed the plane at Birmingham; hence I believe we suffered a 'knock-on delay'.
I did ask Thomson on several occasions to confirm the reason why our flight was delayed, but they never responded to this particular request.

After several letters to/from Thomson I made a claim via the County Court Money Claims Centre as we were rapidly approaching the six year limit. Thomson responded to the claim by saying they would file a defence, but didn't respond with a defence within the time-scale, so I requested judgement.

Approx 7 days after the Court told Thomson to pay the claim forthwith, I received a letter from Thomson saying that they would pay the full claim within the next 28 days and asked me to contact the Court to say that the matter had been settled.

I wrote to Thomson stating that they should comply with the judgement and pay the claim forthwith, not within the next 28 days and stated that I would only contact the Court to confirm it had been settled when I received their cheque.

It's only been a few days since I sent the letter and am still waiting for the cheque, but thought I would post this as we are 99% certain that we suffered a 'knock-on' delay and Thomson have confirmed that they are paying the claim.

Star9272

TOM2243 wa delayed from Greece to Manchester 16 hours.
The first claim letter was sent 18/07/2013
Tom defended the claim as E.C
Lots of letters/emails have been sent - NEB in Greece also
They have finally paid the passengers in the party €400 each.
Without the people who have gone before/this forum & the regular contributors this wouldn't have happened.

Thank you

:beer::beer::beer:

matt2baker

In the post today was a letter with a cheque for £934.72 (Thomson's equivalent to €600) for my second flight-delay claim. I'm pleased to say it's a welcome relief to the previous letters where they simply said 'on yer bike'.

Good luck to those still waiting, 'nil desperandum'

:beer:

matt2baker wrote: »

Out of the blue came an envelope yesterday from TUI, with what seemed to be more than one sheet of paper enclosed. Here's goes, I thought, their latest corporate excuse for finding a wiggle-out on my (valid) delay claim.

But no......... a letter telling me that the cheque enclosed was my compensation (for one of) my claims I've sent them. I was staggered really, and upon re-reading, quite amused by the wording. By the sounds of the letter, they are telling me that "EU Regs 261/2004 entitles some customers to a compensation payment" (abbr) so I must be one of the few lucky ones to receive compensation "as a result of operational issues". Not quite tongue in cheek, but they must have winced when having to word such a generic letter to claimants Of course, the start of the letter did say that at "Thomson Airways, we're committed to treating our customers fairly". So now we know that they really mean it .............don't we?

I could have gone further and queried the amount they paid me which was in £'s, as no exchange rate was quoted, nor was any interest likely to have been added either. But I'm not greedy - I just like to have what I'm entitled to without all the associated aggro.

Just one more claim to wait for a settlement, and my son's one as well.

A Happy New Year it is becoming to be ...........

inglenookmac

Just had an email from Thomson saying they have approved my flight delay compensation for a total of £934.73 for two of us. This was for a delayed flight on 29/11/14 from Phuket which was delayed 23 hours due to a technical fault with the plane. I only sent the one email to them (used the template linked on this site) on 27/12/14. Very simple, no fuss. Thank you MSE!

Deakin47

As this is the first time I have posted on this forum can anyone give me any feedback on the above flight please. I have been in correspondence with Thomson since Jan 2013 but still rejecting my claim. Many thanks.

NoviceAngel

Hi Deakin47,

Welcome to the forum, start by reading Vaubans guide.