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Flight delay and cancellation compensation, Tui/Thomson ONLY

1683684686688689949

Comments

  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Bott wrote:
    cenarios Classed As Extraordinary Circumstances (Can’t Claim)

    Acts of terrorism or sabotage
    Industrial action (strikes unrelated to airline such as baggage handlers, or air traffic control)
    Political or civil unrest
    Security risks
    Extreme weather conditions
    Hidden manufacturing defects
    Bird strikes
    Scenarios Not Classed As Extraordinary Circumstances (Can Claim)

    Airline staff, such as pilots and cabin crew, are late or the flight is understaffed.
    Bad weather that affected a previous flight meaning your aircraft was delayed.
    Denied boarding due to the flight being overbooked.
    Technical problems with the aircraft (except hidden manufacturing defects or problems caused by sabotage).
    Any other situation outside of the ‘extraordinary circumstances’ listed above.

    sallysaver wrote: »
    I am a bit concerned taking my claim against Thomsons any further. Initially wrote to them in Jan and some 8 weeks later on the 5th March or thereabouts, received the rejection letter due to 'hidden manufacturing defect. Having been advised by my learned friends on here, that I did have a claim and to continue, I did just that, by sending Thomsons the NBA letter giving them the required time to respond. No communication has materialised.
    However, I am concerned regarding Post 6487 on here. It appears to have some connection to Bott & Co BUT clearly lists 'hidden manufacturing defect' in their list as a non starter really. Of course, there are lots of posts since this one and I may have missed an update, but does anyone think it is worth my while handing my case over to Botts? Thanks again for all the invaluable info that has been given on this forum. Sally


    Sally the airlines DO NOT tell the truth, they use all the genuine EC's as a reason NOT to pay a claim...

    If I the airline simply say 'your not entitled to compensation because of an EC, hidden manufacturing defect' and you accept this as the truth, then this amounts to no claim, if you post the flight details I'll check for you if the flight is known to have suffered from such a defect, highly unlikely and I can assure you it's the airlines latest excuse to not pay passengers that have a genuine claim.

    Cheers,

    NoviceAngel

    EDIT:- I see you both bet me to it!!!!!
    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
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    Sally, just to add that the airlines feel that the Regulations are unfair and have used (and are still using) every opportunity not to pay.
    So don't expect them to rollover and agree. Sadly you haver to fight.
    JJ
  • sallysaver
    sallysaver Posts: 816 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Sally the airlines DO NOT tell the truth, they use all the genuine EC's as a reason NOT to pay a claim...

    If I the airline simply say 'your not entitled to compensation because of an EC, hidden manufacturing defect' and you accept this as the truth, then this amounts to no claim, if you post the flight details I'll check for you if the flight is known to have suffered from such a defect, highly unlikely and I can assure you it's the airlines latest excuse to not pay passengers that have a genuine claim.

    Cheers,

    NoviceAngel

    EDIT:- I see you both bet me to it!!!!!
    Hi again,
    Flight Number TOM 1211. Date:- 16th December, 2014. Departure Airport:- Alicante. Arrival airport:- Newcastle. Delay:- 9h15m. Hidden Manufacturing defect = Pitot Heat defects!!! Sally
  • sallysaver
    sallysaver Posts: 816 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Hi,
    Thank you all for taking the time to respond- I can't tell you how much it is appreciated. Its just that I am helping my sister in law with this and well, it's their money not mine. Appearing in court would be an ordeal for them hence the reason to involve a NWNF Solicitor. I never ever gave a thought that a Company would lie but perhaps my honesty outweighs my naivety and hopefully you have opened my eyes so to speak!!!! Thank you once again to the 'professionals' for taking time out to reply. Sally
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    sallysaver wrote: »
    Hi again,
    Flight Number TOM 1211. Date:- 16th December, 2014. Departure Airport:- Alicante. Arrival airport:- Newcastle. Delay:- 9h15m. Hidden Manufacturing defect = Pitot Heat defects!!! Sally

    Hi Sally,

    Both EU claim and Bott & Co say you have a valid claim and are entitled to 400 Euro per passenger...

    Go and get your Euros......

    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
  • Hi, just a quick one.......I sent my N1 form to court 2 weeks ago, by recorded delivery so I know its been signed for. Will they send me correspondence when they issue paperwork to Thomsons - how does it work ? I haven't received anything from them yet - am I just being impatient ?
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    sallysaver wrote: »
    Hi,
    Thank you all for taking the time to respond- I can't tell you how much it is appreciated. Its just that I am helping my sister in law with this and well, it's their money not mine. Appearing in court would be an ordeal for them hence the reason to involve a NWNF Solicitor. I never ever gave a thought that a Company would lie but perhaps my honesty outweighs my naivety and hopefully you have opened my eyes so to speak!!!! Thank you once again to the 'professionals' for taking time out to reply. Sally


    Personally I'd use Bott in that case Sally, you have nothing to lose and everything to gain.

    Sally I'll tell you a specific lie that happened in my case. I had written to J2 asking for compensation they said no EC.

    I said I'd ask the Spanish aviation authority to investigate, the AESA wrote to j2 and requested details of the delay. j2 wrote a letter to me saying that they were fully co-operating with the AESA investigation.

    After six weeks the AESA ruled in my favour saying that j2 failed to respond to their enquiries.

    In the Court defence, Jet2 stated that the AESA had not contacted them, not what they told me in a letter....

    Ohh yes, they tell lies big time.

    Good luck

    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
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Hi, just a quick one.......I sent my N1 form to court 2 weeks ago, by recorded delivery so I know its been signed for. Will they send me correspondence when they issue paperwork to Thomsons - how does it work ? I haven't received anything from them yet - am I just being impatient ?

    Yes perhaps a little, the next thing you'll receive is the airlines defence, they have two weeks to acknowledge the proceedings, then another two I think to file a defence, you can always give the Court a quick call to check on progress.

    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
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Hi, just a quick one.......I sent my N1 form to court 2 weeks ago, by recorded delivery so I know its been signed for. Will they send me correspondence when they issue paperwork to Thomsons - how does it work ? I haven't received anything from them yet - am I just being impatient ?

    They'll serve the papers on Thomsons - and then inform you when Thomson have indicated they intend to defend. Then you'll get a copy of their initial (short) defence. And then you'll be sent an "allocation questionnaire", which is about putting the claim on the small claims track and (usually) your local court, with an invitation to mediation by telephone. Then you'll receive a hearing date from the court, with instructions on when to submit your papers to each other. The whole process will likely take about 6 months.

    Edit: The Angel is too quick ...
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    Part of the Furniture 1,000 Posts
    Airlines lying, Wash your mouth out with soap and water everybody knows they are a paragon of virtue. NOT!!!!!!!
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