Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

tulsidas wrote: »

Hi my first post.
Finally thomson have rejected my claim stating "Extraordinary circumstances" because the the delay was due to "pitot heat defect".
The flight was in August 2011 and was from punta cana(DOM REP) to EMA..
Should i now try NWNF eg Bott ?

That is not an extraordinary circumstance so you could win your case yourself if you are up for the fight. You'll get plenty of great advice here to help you.

legal_magpie

Moral is that if they say it's caused by any form of technical defect - press on and sue them if necessary

howticklediam

halcy0n wrote: »

Hi there. I have just posted a comment regarding a part admission received today. I noted your post with comment that states that you received a payment based upon the historic exchange rate at the time of your delayed flight plus interest. My offer is based upon a current exchange rate and they have said that interest is not eligible????? This makes a huge difference (in excess of £1000 presently) as the pound is so strong against the euro presently. Also, because the claim dates back to 2009 the interest is quite significant as the claim was for four people. Can you advise at all??? The post I am referring to was from user name SMARTLY posted on 24 March 2015. I am not allowed to copy in their post as I am new to this forum!

Read this:
http://www.flightdelays.co.uk/blog/2015/1284/court-rules-easyjet-to-pay-uk-passengers-in-gbp

Exchange rate (and interest, but not mentioned in this article) to the day you started court action. Rate of interest at discretion of the judge, but ask for 8%, probably get 4%.

tulsidas

Thanks Tyzap and legal magpie,
I've read vaubans guide but am really unsure as to what i should do now.
Excerpts of letter.
......" in light of the supreme court ruling on 31st october 2014 we investigated the claim.........."the delay was due to pitot heat defect and the aircraft needed to be checked over by our engineers".
" in this draft the commission has intimated that the following would be considered extraordinary circumstances:
18.) " discovery of a hidden manufacturing defect by the air carrier ( this is often noted by unusual failure of the same aircraft part).
" An operating air carrier shall not be obliged to pay compansation in accordance with Article 7 if it can prove that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".
"..... your flight are classified as extraordinary circumstances under reg 261/2004 and therefore we reject your claim......"

For the record was anyone else on this flight from punta cana to EMA on 24/8/2011 (TOM 867)?
Thanks

sonners

jimmin wrote: »

Thomson flight tom113 delayed 25.5hrs due to technical fault weather radar failed. Claim submitted 22nd dec 2014 . Just had letter back saying fault was extraordinary circumstances" discovery of hidden manufacturing defect by the air carrier( this is often noted by unusual failure of the same aircraft part" therefore they are rejecting claim under regulation of 261/2004 of the European union. Any body having similar problems and knows best way forward?

Hi - I also received this letter the other day.I haven't 100% decided on what to do next, but probably going to go down the no win no fee road. Don't think I have the time or knowledge to pursue it on my own. Although I gather that there is lots of useful info on this site on how to proceed if you decide to go it alone! So... any suggestions as to which agency I should hand my case over to?

NoviceAngel

sonners wrote: »

Hi - I also received this letter the other day.I haven't 100% decided on what to do next, but probably going to go down the no win no fee road. Don't think I have the time or knowledge to pursue it on my own. Although I gather that there is lots of useful info on this site on how to proceed if you decide to go it alone! So... any suggestions as to which agency I should hand my case over to?

Never used them myself, but Bott & Co seem to be used widely on here, they famously represented Mr Huzar at the Supreme Court and represented Kim Allen in Liverpool.

Cheers,

NoviceAngel

NoviceAngel

tulsidas wrote: »

Thanks Tyzap and legal magpie,
I've read vaubans guide but am really unsure as to what i should do now.
Excerpts of letter.
......" in light of the supreme court ruling on 31st october 2014 we investigated the claim.........."the delay was due to pitot heat defect and the aircraft needed to be checked over by our engineers".
" in this draft the commission has intimated that the following would be considered extraordinary circumstances:
18.) " discovery of a hidden manufacturing defect by the air carrier ( this is often noted by unusual failure of the same aircraft part).
" An operating air carrier shall not be obliged to pay compansation in accordance with Article 7 if it can prove that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".
"..... your flight are classified as extraordinary circumstances under reg 261/2004 and therefore we reject your claim......"

For the record was anyone else on this flight from punta cana to EMA on 24/8/2011 (TOM 867)?
Thanks

As Tyzap and legal magpie have said its all hogwash and designed to make you feel that they know what they're talking about and that you'll forget your claim.

You say you've read Vaubans guide so you now know that you have three options:-

1 Issue NBA and take then to Court

2 contact Bott & Co hand it over to good NWNF Solicitor.

3 accept there lies and do nothing.

Your choice

Cheers,

NoviceAngel

Tyzap

tulsidas wrote: »

Thanks Tyzap and legal magpie,
I've read vaubans guide but am really unsure as to what i should do now.
Excerpts of letter.
......" in light of the supreme court ruling on 31st october 2014 we investigated the claim.........."the delay was due to pitot heat defect and the aircraft needed to be checked over by our engineers".
" in this draft the commission has intimated that the following would be considered extraordinary circumstances:
18.) " discovery of a hidden manufacturing defect by the air carrier ( this is often noted by unusual failure of the same aircraft part).
" An operating air carrier shall not be obliged to pay compansation in accordance with Article 7 if it can prove that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".
"..... your flight are classified as extraordinary circumstances under reg 261/2004 and therefore we reject your claim......"

For the record was anyone else on this flight from punta cana to EMA on 24/8/2011 (TOM 867)?
Thanks

Hi,

The advice you have been given so far is 100% correct, the information that you have been given by the airline is 100% wrong. It's a straightforward case.

If your still unsure and lack the confidence to DIY you would be better off handing your claim over to a firm of quality solicitors such as Botts. That will cost you roughly 30% of your claim but they will take all the hassle out of it for you.

You can win this case yourself with the help of the great advice you will receive here, but that is just the first and easiest hurdle to jump.

Good luck whatever you decide.

podoman

I am awaiting a response to my final pay up or else letter to Thomson as they failed on all the relevant tests against the court outcomes as quoted in Vaubon's guide, I quoted the cases and their failings to them. If this still does not work I will go the NWNF basis as having looked at the costs (including my time and the loss of pay to attend court) as this would be cheaper than doing it myself and a darn site easier, given that is is not possible to claim costs fir the sum involved (E1800).

Anyone any thoughts?

Vauban

Well I suspect it will definitely be cheaper to do it yourself. The courts fees are paid by the other side when you win - so it's only the cost of attending the hearing (and if you do the job properly I bet it won't come to that!)

So it's more a time/confidence question. And I have to say that, post Huzar, most claims are now pretty straightforward- much more so than when the likes of 111KAB and me had to argue the finer points of Wallentin (happy days!). So I wonder going forward how much time a court case really would take to prepare for now?