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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    edited 27 March 2015 at 11:12AM
    Hustler11 wrote: »
    Legal Magpie, many thanks for your reply.


    We have received a letter from the Court setting a date for a hearing but we haven't either paid the hearing fee of £170.00 or looked to move to mediation as suggested as an alternative, so I guess we are not entitled to any interest.


    Thanks once again for clarifying the position.

    If you claimed interest on your court claim, you're entitled to ask for it. But whether you want to go to court for the extra money is a call for you - especially as not every judge awards interest. That said, it sounds like potentially a lot of money if this is for a flight back in 2007 - so I would stick to my guns, pay the hearing fee, and proceed to court.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    Hustler11 wrote: »
    Legal Magpie, many thanks for your reply.

    We have received a letter from the Court setting a date for a hearing but we haven't either paid the hearing fee of £170.00 or looked to move to mediation as suggested as an alternative, so I guess we are not entitled to any interest.
    .
    You are certainly entitled to interest as you claimed it and you could push Thomson for this but you have to work out how much is involved and whether it is worth the hassle of continuing with the hearing. But if you decide to press on you MUST pay the hearing fee pronto or your case will be struck out
  • geoff1057
    geoff1057 Posts: 198 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi recently been intouch with Thomson, twice via email , about claiming for a delayed flight in 2011. They have now asked for a booking reference ,which we dont have . I have again emailed them and they are saying that without the booking ref no , they can not continue with the claim ........ where do i go from here .Thanks
  • gilleeneyc
    gilleeneyc Posts: 1 Newbie
    edited 27 March 2015 at 1:23PM
    I had delay of over 11 hrs from Antalya to Gatwick in 2010. When we did finally take off we were flown to stanstead. We complained at the time and recieved a very small amount of compensation as they said it wasn't over 12 hrs. It in no way compensated for the inconvenience. I contacted Thompson Andi too was told that I needed my booking ref and flight nos. This was 5 years ago and I hadn't kept either. They said without them they could not proceed with the claim. Surely most people would not still have that info. I gave them all the other details including the fact that they had paid me some compensation. Is that the end of it or does anyone know what else I can do. Is there a way that I can at least find the flight ref no.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts
    geoff1057 wrote: »
    they are saying that without the booking ref no , they can not continue with the claim
    Of course they CAN continue with the claim.
    What they actually mean is that they WILL not continue with the claim in the hope that you will give up.
    All you have to prove is that you were on the flight so as long as you have some information, e.g. date of flight, departure and arrival airports you will be fine because they keep records of these things.
    I suggest sending them a formal Notice before action (assuming you haven't done this) and then suing them.
  • geoff1057
    geoff1057 Posts: 198 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Of course they CAN continue with the claim.
    What they actually mean is that they WILL not continue with the claim in the hope that you will give up.
    All you have to prove is that you were on the flight so as long as you have some information, e.g. date of flight, departure and arrival airports you will be fine because they keep records of these things.
    I suggest sending them a formal Notice before action (assuming you haven't done this) and then suing them.

    Thanks for this information , is there a template letter for a LBA that i can send to them, again thank you
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    Vaubans Guide ?
    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
  • phillydog
    phillydog Posts: 13 Forumite
    Can anyone give some guidance on our situation?

    Our flight with Thomson from Gatwick to Barbados on !8 January was delayed just over an hour. No toilets were working and so 2 hours after takeoff we were diverted to Manchester where the captain advised a replacement plane would be available. In fact we were kept on the plane whilst a maintenance engineer came onboard and resolved the problem. We eventually arrived in Barbados 5 hours late.

    Wrote to Thomson based on the standard delay compensation template. They’ve rejected the claim based on the “extraordinary circumstances” of “the discovery of a hidden manufacturing defect by the air carrier”. We’re doubtful that these circumstances “could not have been avoided if all reasonable measures had been taken”, otherwise how could the maintenance engineer have resolved the defect so quickly.

    Am reluctant to pass to specialist claims company and part with some of the compensation as this seems an open and shut case. Has anyone had similar experience with Thomson or other airlines?
  • Scheduled departure was 1050. Airport was closed part of the previous day by heavy snowfall and our incoming aircraft was (said to have been) diverted elsewhere. This ( diverted) plane arrived in Manchester about 1200 and all passengers were on board and ready to go before the 3 hour "limit".
    At this point the captain announced the baggage loading had not been completed. The completion of this task then took us over the 3 hours.
    Thomson have rejected my claim citing "weather conditions being exceptional circumstances".
    As far as I can see the baggage loading had nothing to do with snow and I believe I have a justified claim.
    I have already told Thomson to expect my NBA.
    What does the team think?
    I have done a lot of reading up on this topic on this site and would like to say thanks to the various "advisers"
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Firstly just check your arrival time was over 3 hours delayed - departure time delay has no bearing on 261/2004.
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