Flight delay and cancellation compensation, Tui/Thomson ONLY

nigelpm

Thomson are just fobbing as many people off as possible knowing that they will only pay if it goes to court and why wouldn't they operate on this basis. Makes sense for them as a firm.

111KAB

nigelpm wrote: »

Thomson are just fobbing as many people off as possible knowing that they will only pay if it goes to court and why wouldn't they operate on this basis. Makes sense for them as a firm.

Possibly makes sense financially but not in terms of repeat/loyalty basis.

rafianna

Hi,
We have now received our second letter - Thomson confirming their position that these claims are limited to two years and claiming that they have taken solid legal advice on this.
We now want to take action, but I am not going to be able to spend a lot of time/effort on this. If I just lodge the claim what will then happen - how much follow-up would I need to be doing? Is it worth getting a no-win-no-fee firm to represent - would it definitely increase the probability of winning considering the above. What do I do to find a reputable firm to represent us?
Thank you everyone for all your help past and future.

blondmark

rafianna wrote: »

Hi,
We have now received our second letter - Thomson confirming their position that these claims are limited to two years and claiming that they have taken solid legal advice on this.
We now want to take action, but I am not going to be able to spend a lot of time/effort on this. If I just lodge the claim what will then happen - how much follow-up would I need to be doing? Is it worth getting a no-win-no-fee firm to represent - would it definitely increase the probability of winning considering the above. What do I do to find a reputable firm to represent us?
Thank you everyone for all your help past and future.

You probably would need to spend time and effort on a disputed claim, so in your case a no-win-no-fee firm may be worth it to you.

romanby1

rafianna wrote: »

Hi,
We have now received our second letter - Thomson confirming their position that these claims are limited to two years and claiming that they have taken solid legal advice on this.
We now want to take action, but I am not going to be able to spend a lot of time/effort on this. If I just lodge the claim what will then happen - how much follow-up would I need to be doing? Is it worth getting a no-win-no-fee firm to represent - would it definitely increase the probability of winning considering the above. What do I do to find a reputable firm to represent us?
Thank you everyone for all your help past and future.

I suggest you progress a claim yourself, it is not difficult.
There are references on how to make a claim in the Small Claims Court elsewhere on this site.
Download the PDF files and study them and just follow the procedure.
We are awaiting an Allocation Date from the court. Thomsons defence was a load of rubbish using Montreal.
The impression we got from their statement was our claim had not been looked at by someone with any real legal experience or ability, had picked out standard rejection paragraphs from a crib sheet which made no logical sense in an effort to confuse us and scare us off
I am no expert but if you need any assistance PM me.

blondmark

pyjamafan wrote: »

Hi everyone

I have finally received a reply from TUI - 2 months after sending my letter of complaint.

They have refused my claim saying that the delay was not their fault as the airport authority closed the runway due to a spillage.

As far as I know this is true but after a very short closure most other flights seemed to be taking off with just a short delay whereas ours was delayed for several hours.

Does anyone know if it would still be worth me fighting this? I accept that we maybe should have had a short delay like most other people on that day for safety reasons but ours was excessive. Is this a good enough reason to claim or will the fact that the root cause of the delay was justified go against me?

Thanks in advance for any advice.

What you need is further information from the airline.

Give them 14 days to evidence with full particularity:

(a) the fact that a spillage occurred, who spilled what where and when, and precisely when it was cleared up;

(b) why your flight was directly affected by the alleged spillage, and why you were delayed past the time the problem was remedied;

(c) why your flight did not depart from a different runway from that on which the alleged spillage occurred;

(d) why the effect of the alleged spillage is said to be outside the airline's control once it had been cleared up;

(e) the steps taken, if any, to ensure that the alleged spillage did not result in a delay to your flight.

If, after the expiration of 14 days (or such later time as you agree with them) they have not provided documentary proof, sue them.

trevmass

We were delayed 7 hours from m/Chester to kefalonia in 2011.
I know it was an engine fault because we could see them trying to fix it.their were 3 fire tenders waiting nearby ,for when they tried the engine.when they tried to turn on engine their was a Big Bang and a puff of black smoke from engine.so we ended up waiting for a plane to come from an other airport.
So,,the question being ?. Can I claim flight delay
Trev

Lorrainefm

I complained to thomson for delayed flight to cancun in december 2007. I have just received an email response stating that 'claims to do with international carriage by air must be brought within 2 years'. Is this correct? I was under the impression that i had 6 years to claim.

maghater

rafianna wrote: »

Hi,
We have now received our second letter - Thomson confirming their position that these claims are limited to two years and claiming that they have taken solid legal advice on this.
We now want to take action, but I am not going to be able to spend a lot of time/effort on this. If I just lodge the claim what will then happen - how much follow-up would I need to be doing? Is it worth getting a no-win-no-fee firm to represent - would it definitely increase the probability of winning considering the above. What do I do to find a reputable firm to represent us?
Thank you everyone for all your help past and future.

This 2 year thing is puzzling. They appear to be relying on a clause in the Montreal Convention that does indeed impose a two year time limit. You are however claiming compensation under EC 261/2004, and the ECJ ruled on that in November 2012 (More v KLM) ruling that the time limit was dependant on the law of the state involved. (6 years in England). Further the fact that 261 was stayed for most of the last two years would further compromise the argument for 2 year limit. Thomson do however appear to be confident in their position, so until you know what legal pillar they are trying to hide behind I would proceed with caution. I would lodge the claim, mention that you believe the time limit to be six years. Then no matter if you decide to fight the case yourself, or engage one of the circling sharks, I would wait a couple of months until Thomson try to defend their position in court.

maghater

trevmass wrote: »

We were delayed 7 hours from m/Chester to kefalonia in 2011.
I know it was an engine fault because we could see them trying to fix it.their were 3 fire tenders waiting nearby ,for when they tried the engine.when they tried to turn on engine their was a Big Bang and a puff of black smoke from engine.so we ended up waiting for a plane to come from an other airport.
So,,the question being ?. Can I claim flight delay
Trev

Yes read FAQs at start of this thread especially the Wallentin judgement