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Flight delay and cancellation compensation, Tui/Thomson ONLY

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Comments

  • s1ipmatt
    s1ipmatt Posts: 72 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    sallysaver wrote: »
    Hi,
    Well done to you. I am nearing the end of the 14 day NBA letter (ends Wednesday 18/03) but, not surprisingly, no acknowledgement etc., from Thomsons. Would you mind sharing the reason for your delay in the first instance please?
    Thanks - Sally



    My wife and I got to the airport in gran canaria and Thomson informed us that a mechanical breakdown had occurred on our plane and as a result it was still in the UK, they flew us a different plane out but we were 5hours delayed.


    I filled out the report on thomsons website in early Jan and I received an acknowledgement to the report on that day but nothing since then. I was being to think they were ignoring me but then out of the blue on sat 14/03/15 I received a cheque for £600.


    So im not sure how long you have been waiting but you can see it took them awhile for my claim. Did you fill out the report on there website?
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    edited 17 March 2015 at 12:39PM
    halcy0n wrote: »
    ..............Any help/advice would be greatly appreciated, especially if you can provide case law that I can simply extract into my own documentation.

    I wouldn't overly worry at this point, I would wait to read their full defence or you receive a cheque, either way come back and post then...

    If you really want some pointers at this stage :-

    https://forums.moneysavingexpert.com/discussion/5189345

    and this post from Vauban:-
    Vauban wrote: »
    Apologies for duplicate posting (this is also on the Huzar thread) but for those applying to have stays overturned, you might find it useful to include this document from the Supreme Court. It doesn't add to what is in the public domain, but I think the seal adds quite a bit of gravitas!

    https://www.dropbox.com/s/f8b69w397rsab5u/Supreme%20Court%20Huzar%20Dawson.pdf?dl=0

    (Many thanks to Bott and Co for making this available to share with you all.)

    Cheers,

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • RUTHIEC
    RUTHIEC Posts: 12 Forumite
    Hi just wanted to let you know we received a cheque last night for £901. We were told no, no and no again. Did the forms for small claim court then let it all fall by the way side. Saw a post on here about Resolver and used the website on Saturday 6th March. They seem to have given up the battle. Good luck. Ironic thing is they'll be getting the money back because as poor as their customer service is the holidays are the best for families. Good luck everyone xx
  • sallysaver
    sallysaver Posts: 805 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 17 March 2015 at 4:33PM
    s1ipmatt wrote: »
    My wife and I got to the airport in gran canaria and Thomson informed us that a mechanical breakdown had occurred on our plane and as a result it was still in the UK, they flew us a different plane out but we were 5hours delayed.


    I filled out the report on thomsons website in early Jan and I received an acknowledgement to the report on that day but nothing since then. I was being to think they were ignoring me but then out of the blue on sat 14/03/15 I received a cheque for £600.


    So im not sure how long you have been waiting but you can see it took them awhile for my claim. Did you fill out the report on there website?
    Hi and thanks for the reply. I am pursuing a claim on behalf of my sister in law who was delayed just before Christmas (Alicante - Newcastle) for 9h15m. The MSE template letter was posted on Jan 5 (rec del) giving them 28 days to reply which was generous. When there was no acknowledgement at all, I rang and spoke with the delightful Emma who assured me We were on day 28 of 56. I joked well we are half way there!!!! icon12.gif Some 4 days later a letter arrived declining our claim due to a' hidden manufacturers defect'.
    After taking advice from the 'professionals' on here who said we did have a claim, I issued the NBA letter and the 14 days including delivery is up tomorrow I want my relation to continue, but its their money at the end of the day. I have looked at MCOL briefly and it doesn't seem to be rocket science so onwards and upwards I say.


    I think it would be a good idea when people actually get their compensation, that they could briefly say what their particular reason for delay was ie bird strike, crew out of hours, hidden manufacturers defect, shortage of fuel etc., It may just help others to make a decision on what to do.
    Anyhow, thanks for your contribution - Sally
  • Very briefly - I'm at the point where Thomson have filed their defence, and the case has been moved to my local court.

    Their defence is ECs due to a bird strike.

    I've just had the response from the CAA to my FOI request, there were no reported bird strikes causing damage between 24.5.10 and 29.5.10.

    Thomson couldn't possibly be mistaken could they? :shocked:

    I feel another letter coming on......
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    Nicktee55 wrote: »
    Very briefly - I'm at the point where Thomson have filed their defence, and the case has been moved to my local court.

    Their defence is ECs due to a bird strike.

    I've just had the response from the CAA to my FOI request, there were no reported bird strikes causing damage between 24.5.10 and 29.5.10.

    Thomson couldn't possibly be mistaken could they? :shocked:

    I feel another letter coming on......

    There is nothing about it on Aviation Herald either!

    Following the pay out to Razoredge on the same flight ensure you mention this to Thomson and the court.

    Your compensation is as good as on it's way so I'll congratulate you now. Well done.:T
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Hi folks! This is my first post, but I've been gleaning lots of useful info from this forum over the last couple of months - so thank you. I'm after a bit of advice. I initiated a flight delay compensation against Thomsons via their website on an 29th, and received a letter on Feb 12th which said they would endeavour to investigate and respond within 28 days. Well, 28 days have been and gone and I've received no further correspondence. Should I start bugging them or should I be patient?

    I'm claiming due to a 25 hour delay on TOM113 from Punta Cana to Manchester on Dec 15th 2014, caused by a technical fault on the aircraft's weather radar gizmo (I can't remember the technical term...) If anyone else from this flight is claiming I'd be keen to hear of any progress!
  • razorsedge
    razorsedge Posts: 344 Forumite
    edited 17 March 2015 at 10:39PM
    Nicktee55 wrote: »

    Their defence is ECs due to a bird strike.

    I've just had the response from the CAA to my FOI request, there were no reported bird strikes causing damage between 24.5.10 and 29.5.10.

    Thomson couldn't possibly be mistaken could they? :shocked:

    Well if Thomson are not mistaken and there really was a bird strike then the CAA might be interested (or am I just dreaming?)

    Dear razorsedge
    I am writing in respect of your recent request, for the release of information held by the Civil Aviation Authority (CAA).
    Your request:
    “What actions and sanctions can the CAA take against individuals and organisations if it is found that they have not reported an incident that should have been reported under the Mandatory Occurance Reporting (MOR) scheme?”
    Our response:
    In assessing your request in line with the provisions of the Freedom of Information Act 2000 (FOIA), we are pleased to be able to provide the information below.
    Article 241(7) and Schedule 13 Part C of the Air Navigation Order (ANO) 2009 make it a criminal offence for a person who is required to report an occurrence to fail to do so pursuant to Article 226(5) of the Order. A person who is convicted of the offence faces a maximum fine of £5,000 in the Magistrates’ Court or a maximum of 2 years imprisonment and/or an unlimited fine in the Crown Court.
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • razorsedge
    razorsedge Posts: 344 Forumite
    sonners wrote: »
    Hi folks! This is my first post, but I've been gleaning lots of useful info from this forum over the last couple of months - so thank you. I'm after a bit of advice. I initiated a flight delay compensation against Thomsons via their website on an 29th, and received a letter on Feb 12th which said they would endeavour to investigate and respond within 28 days. Well, 28 days have been and gone and I've received no further correspondence. Should I start bugging them or should I be patient?

    I'm claiming due to a 25 hour delay on TOM113 from Punta Cana to Manchester on Dec 15th 2014, caused by a technical fault on the aircraft's weather radar gizmo (I can't remember the technical term...) If anyone else from this flight is claiming I'd be keen to hear of any progress!

    If you have the patience of a saint and don't bug them it is possible that you will receive your next reply from them on Dec 16th 2020. And you know what that will mean, don't you?
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    razorsedge wrote: »
    Well if Thomson are not mistaken and there really was a bird strike then the CAA might be interested (or am I just dreaming?)

    Dear razorsedge
    I am writing in respect of your recent request, for the release of information held by the Civil Aviation Authority (CAA).
    Your request:
    “What actions and sanctions can the CAA take against individuals and organisations if it is found that they have not reported an incident that should have been reported under the Mandatory Occurance Reporting (MOR) scheme?”
    Our response:
    In assessing your request in line with the provisions of the Freedom of Information Act 2000 (FOIA), we are pleased to be able to provide the information below.
    Article 241(7) and Schedule 13 Part C of the Air Navigation Order (ANO) 2009 make it a criminal offence for a person who is required to report an occurrence to fail to do so pursuant to Article 226(5) of the Order. A person who is convicted of the offence faces a maximum fine of £5,000 in the Magistrates’ Court or a maximum of 2 years imprisonment and/or an unlimited fine in the Crown Court.

    Excellent!:rotfl:

    Game set and match to Nicktee55.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
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