Flight delay and cancellation compensation, Tui/Thomson ONLY

deb.p123

Hi,


At long last after a 2 year battle, attending court (absolutely bricking it) and then the case was stayed, I have finally been paid out.:beer:


I claimed 8% from the date of flight but only got 4% and only up to date of my claim, however I am more than pleased that it is finally over. I have a stack of paperwork that I will retain for posterity because I feel I have achieved what I never thought would ever happen.


I couldn`t have done it without the help of several people on the forum particularly Vauban and Centipede.


At no time in the process despite recorded delivery letters did I even get a response from Thomson. So to all others still battling please stick with it and don`t give up.

Summer1965

Forgot to say that I had a reply to every letter which I sent, bar the last two which were sent in November last year and January of this year. I knew they had been received though, as I had sent them by signed for delivery. We were literally about to start the legal route when we received the cheque.

Nicktee55_2

I'm new to the forum, but have been following with interest, and have been using MSE's guides to claiming.
My wife and myself were delayed by 3h 40m on a flight from Manchester to Male on 26 May 2010 - the effect was to entirely wipe out the first day of our holiday.
I wrote to Thomson in 2013 after learning of this compensation on MSE claiming €600.
I had the standard reply, 2 years to claim etc. etc. I wrote again but they wouldn't budge, even though I threatened County Court.
On learning of the Supreme Court ruling, I wrote again, no reply, so threatened them with County Court, which I duly started.
I'm now as far as the Directions Questionnaire, and Thomson now allege in their defence that the delay was caused by a bird strike, which they cite as "exceptional circumstances - looking on here it would appear that it's not, being a fairly common occurrence. We were told at the time that the delay was caused by a mechanical problem.
They're also asking for the case to be shifted to Luton County Court due to their witnesses being essential to the operation of the business.
They want us to provide proof of booking, no problem. Proof that we checked in and boarded promptly, what? We obviously still don't have boarding passes, but our passports were stamped on arrival at Male. They're also contesting the interest, which isn't really an issue for us.
I get the feeling that Thomson are now trying to play hardball with us to see how far we'll go - they may be disappointed.

monkeybusiness

After a two year battle, and being declined twice, I have now received a cheque for £1502 compensation in todays post. I am so pleased and it means we can now use this towards this years holiday :T The flight in question was TOM 2143 Mahon to Manchester on 31.10.11. Good luck to everyone else trying to claim ... and persevere !

Tyzap

Nicktee55 wrote: »

I'm new to the forum, but have been following with interest, and have been using MSE's guides to claiming.
My wife and myself were delayed by 3h 40m on a flight from Manchester to Male on 26 May 2010 - the effect was to entirely wipe out the first day of our holiday.
I wrote to Thomson in 2013 after learning of this compensation on MSE claiming €600.
I had the standard reply, 2 years to claim etc. etc. I wrote again but they wouldn't budge, even though I threatened County Court.
On learning of the Supreme Court ruling, I wrote again, no reply, so threatened them with County Court, which I duly started.
I'm now as far as the Directions Questionnaire, and Thomson now allege in their defence that the delay was caused by a bird strike, which they cite as "exceptional circumstances - looking on here it would appear that it's not, being a fairly common occurrence. We were told at the time that the delay was caused by a mechanical problem.
They're also asking for the case to be shifted to Luton County Court due to their witnesses being essential to the operation of the business.
They want us to provide proof of booking, no problem. Proof that we checked in and boarded promptly, what? We obviously still don't have boarding passes, but our passports were stamped on arrival at Male. They're also contesting the interest, which isn't really an issue for us.
I get the feeling that Thomson are now trying to play hardball with us to see how far we'll go - they may be disappointed.

It sounds like you know what you're doing so good luck. I would object to the case being moved to the Luton court tho, however, my bet is that you'll get your pay out before then.

TonyH2014

First the good news - after 3 letters to Thomson and about 3 months, I today received a cheque for £600.88 (400 Euros x 2 adults).

Now the bad news - we also had 2 infants in our party (it was a First Choice package holiday booked at the last minute). They are saying "...your flight from Palma to Manchester qualifies for compensation payments of 400 Euros per booking (excluding infants and free child places)".

To the best of my knowledge, we paid a nominal amount for the infants to sit on our lap, but according to Vauban's excellent guide that should mean we qualify for a payout on these tickets too. The agent we booked through has been very helpful so I've gone back to them again to ask for a full breakdown of costs.

So are Thomson trying it on? Assuming I'm correct and we did pay for the infant places, any advice on what to do next?

For the benefit of others that may have travelled on it, our flight that has been paid out on was Palma to Manchester TOM2439 Thursday 14 October, 2010. They are saying the delay was "...a result of operational issues".

Thanks
Tony

111KAB

Tony - highly likely infants are due compensation but you may have to threaten/proceed with court action. Ensure Thomson do not give you the run around in the hope of delaying you (again!) so as you are beyond the 6 year threshold.

TonyH2014

Thanks! Will wait to see what the exact breakdown of costs was and if it looks like I've paid for either one of the infants, I'll threaten court action for the remaining money. Will bank this cheque as a downpayment in the meantime though!

legal_magpie

Tyzap wrote: »

It sounds like you know what you're doing so good luck. I would object to the case being moved to the Luton court tho, however, my bet is that you'll get your pay out before then.

I would also oppose the transfer, although it depends on where you are. Small claims cases against limited companies are usually heard at the Court nearest to the Claimant because, after all, you will have to give evidence too.

Sometime, parties can agree on a Court somewhere between them, e.g. Claimant in Carlisle, Defendant in Exeter, trial in Birmingham,

stunnedwithcheque

Thank you Martin!!! I used your template to complain way back in Oct 2014 - and finally (after sending 3 letters with no reply for months and being told NO !) we have success!! Just over £900 for 3 passengers, 3+hour delay. My tip is - Do not take NO as an answer ...one of the replies from Thomson stated the wrong flight and times to my letter! Read Carefully any replies...but I would ask what is `Actual Departure Time` - is this when the doors are closed? Wheels are off the ground??