Flight delay and cancellation compensation, Tui/Thomson ONLY

MadeInHeaven

Hi Guys,

Just wondering how many of you have received payouts from Thomson since the new ruling?
I put in a claim back in 2013 for a flight delay at Xmas 2008, had the usual stalemate letters until last July asking me to contact them once they had appealed the Supreme court (which failed),which I did in Nov 14 and followed up with a phone call in Jan. I was told my claim was "open" & "ongoing", so I just wondered how everyone else's claim was going.

legal_magpie

Thomsons appear to be giving priority to those cases which are already in Court, especially where hearings are imminent. This is obviously sensible.
However, I'm afraid that if your flight was in December 2008 and you haven't yet commenced Court proceedings, you are out of time as the limitation period is 6 years. The fact that you complained earlier doesn't count.
So I can only suggest that you take a "gentle" approach (e.g. another phone call) in the hope that they may miss the limitation point.

NoviceAngel

legal_magpie wrote: »

.......However, I'm afraid that if your flight was in December 2008 and you haven't yet commenced Court proceedings, you are out of time as the limitation period is 6 years. The fact that you complained earlier doesn't count.
So I can only suggest that you take a "gentle" approach (e.g. another phone call) in the hope that they may miss the limitation point.

Yes, indeed a few of the regulars were having a discussion about the six year limitation in the Monarch thread, don't know if you could add a bit of an expert view? https://forums.moneysavingexpert.com/discussion/4384583

Cheers,

NoviceAngel

legal_magpie

(This is a copy of what I have posted on the Monarch thread)

It is often said that limitation is a shield not a sword. It is a defence but has to be expressly pleaded in the defence. So if you issue proceedings more than 6 years (5 in Scotland, so I'm told) after the delayed flight, those proceedings are perfectly valid and if the airline doesn't defend the claim you can enter judgment.
Similarly, if the airline does defend the claim on its merits and does not raise the limitation point, you can proceed with the claim and you might win.
Also remember:

(a) that the relevant date is the date that you commence proceedings not the date on which you notify the airline of a claim;

(b) that the airline is under no obligation to warn you that the limitation period is running out.

So even if you are out of time, you can still pursue your claim in correspondence but if the airline raises the limitation point in response my advice would be to forget it and move on.

Debs45

Anyone have an alternative number than the Flight Delay Team on 0203 636 1605 please? I've made many calls to this number only to be constantly kept on hold .... after 40+ mins I hang up! Doesn't matter what time of day I call, still the same.

I'm currently on hold at the min ..... 45 mins now!

Any help is appreciated.

Thank you

bigmama1

Debs45 wrote: »

Anyone have an alternative number than the Flight Delay Team on 0203 636 1605 please? I've made many calls to this number only to be constantly kept on hold .... after 40+ mins I hang up! Doesn't matter what time of day I call, still the same.

I'm currently on hold at the min ..... 45 mins now!

Any help is appreciated.

Thank you

The telephone number for the Directors office is 0203 636 1604. I haven't tried this number myself but I did read it on the forum a while ago and made a note of it. Maybe you will get answered next time? Let us know please if this number works. Good luck.

MITZIMELONS

Hello, I am new on here please go gently

We started a claim for flight delay compensation with Thomson over a year ago for a 5 and a half hour delay from Ibiza back into Birmingham in June 2009. Firstly, we were fobbed off with the 2 year rule, then were told it was on hold pending the court hearings in October. Following the ruling I contacted them again in November to be ignored until today when we receive a letter saying that the delay was due to thunderstorms in Birmingham ?!? We were flying INTO Birmingham and our delay was due to the flight coming FROM Birmingham being delayed by 98 minutes and the pilot would have gone over his 'flying time' had he taken our flight. The plane arrived at 11.03pm and we were due to depart at 10.25pm (so just a small delay - how long would it take to turn a plane around ?) We then had to wait for replacement pilot to be flown in from Majorca , hence the 5 and a half hour delay for us. Can they use 'extraordinary circumstances' excuse for this given that they had from 5.55pm to organise another pilot as they knew at that time there was going to be a delay ?

Thank you

---

UPDATE

Not sure if I've done this right................my previous post is the one above. I have since got flight and weather stats for both our flight and the one before.

I have just spoken to a lady on the Thomson Flight Delay team who has told me they will not be paying out for our 5 hour flight delay (see above). Apparently their story has now changed and they are saying it wasn't the flight before ours that caused the delay but the flight BEFORE that which was diverted and as it is a 'knock on effect' they will not be paying us ! :mad: I attempted to explain, whilst she continued to talk over me, that the flight before ours due to turn round and take us home, was only delayed by 98 minutes NOT 5 hours and it was the lack of a replacement pilot to take over from the incoming one (who had run out of flying hours) that took our delay from the 98 mins to over 5 hours. She said that they cannot be expected to have a pilot on stand by in every country that they fly to.....why not ? But, as I tried telling her, they had been aware of the delay and that they would need s replacement, could they not have made arrangement for one on 'standby' in the UK to have flown out with the delayed flight to bring us home ? Can they use this as an EC reason ?

Anyway, after yet another excuse I am left feeling frustrated.......does anyone still think I should continue to pursue it ? I have sent a 14 day NBA which runs out next week and was intending to go to court but she said that I shouldn't hold my hopes on that as I won't win and they will not pay out.

Any advice would be gratefully appreciated as always.

potts57

i used 02476 282828

111KAB

MITZIMELONS wrote: »

Any advice would be gratefully appreciated as always.

Off to court and ensure you keep copies of their ridiculous excuses/lies not to pay. DIY or NWNF the choice is yours. Good luck/enjoy the money.

razorsedge

MITZIMELONS wrote: »

Hello, I am new on here please go gently

We started a claim for flight delay compensation with Thomson over a year ago for a 5 and a half hour delay from Ibiza back into Birmingham in June 2009. Firstly, we were fobbed off with the 2 year rule, then were told it was on hold pending the court hearings in October. Following the ruling I contacted them again in November to be ignored until today when we receive a letter saying that the delay was due to thunderstorms in Birmingham ?!? We were flying INTO Birmingham and our delay was due to the flight coming FROM Birmingham being delayed by 98 minutes and the pilot would have gone over his 'flying time' had he taken our flight. The plane arrived at 11.03pm and we were due to depart at 10.25pm (so just a small delay - how long would it take to turn a plane around ?) We then had to wait for replacement pilot to be flown in from Majorca , hence the 5 and a half hour delay for us. Can they use 'extraordinary circumstances' excuse for this given that they had from 5.55pm to organise another pilot as they knew at that time there was going to be a delay ?

Thank you

---

UPDATE

Not sure if I've done this right................my previous post is the one above. I have since got flight and weather stats for both our flight and the one before.

I have just spoken to a lady on the Thomson Flight Delay team who has told me they will not be paying out for our 5 hour flight delay (see above). Apparently their story has now changed and they are saying it wasn't the flight before ours that caused the delay but the flight BEFORE that which was diverted and as it is a 'knock on effect' they will not be paying us ! :mad: I attempted to explain, whilst she continued to talk over me, that the flight before ours due to turn round and take us home, was only delayed by 98 minutes NOT 5 hours and it was the lack of a replacement pilot to take over from the incoming one (who had run out of flying hours) that took our delay from the 98 mins to over 5 hours. She said that they cannot be expected to have a pilot on stand by in every country that they fly to.....why not ? But, as I tried telling her, they had been aware of the delay and that they would need s replacement, could they not have made arrangement for one on 'standby' in the UK to have flown out with the delayed flight to bring us home ? Can they use this as an EC reason ?

Anyway, after yet another excuse I am left feeling frustrated.......does anyone still think I should continue to pursue it ? I have sent a 14 day NBA which runs out next week and was intending to go to court but she said that I shouldn't hold my hopes on that as I won't win and they will not pay out.

Any advice would be gratefully appreciated as always.

I think you have had enough dealings with Thomson by now to realise what they are like. I mean, why wouldn't they say you had no chance?