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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • smartly
    smartly Posts: 98 Forumite
    Tenth Anniversary 10 Posts
    It's too big to cut and paste
  • cherabelle
    cherabelle Posts: 172 Forumite
    Ninth Anniversary 100 Posts
    Ah ok, I shall try it on the ipad later and email it in..

    Thanks Anyway.
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    smartly wrote: »
    It's too big to cut and paste

    The NBA will copy:-
    Dear Sir or Madam, Re: Compensation claim for delayed flight - Notice Before Action Booking reference: xxxxx
    Passengers: xxx
    xxx
    xxx
    Further to my letter of xxxx, I have not received a satisfactory response to my compensation claim for flight XXX on xx/xx/xxxx.
    The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. This has been subsequently acknowledged by UK courts, including the Supreme Court recently. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight. As we were delayed by approximately x hours, therefore I am claiming €xxx per delayed passenger in my party. The total is €xxx for all passengers, plus interest @8% p.a. Should you neither settle my claim in full nor provide a full and satisfactory defence to my claim within 14 days of the date of this letter, I reserve the right to issue legal proceedings without giving you further notice in writing.
    Yours faithfully,
    xxx xxx
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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  • cherabelle
    cherabelle Posts: 172 Forumite
    Ninth Anniversary 100 Posts
    Thank you very much. That's the bit I needed. :-)
  • Thomson have come back & said that without boarding pass & my original booking confirmation showing flight details they can't pursue the claim any further. (I've sent through an email from Thomas Cook with my booking reference numbers on - though not the original confirmation & also a copy of my passport page where it was stamped in Los Angeles on the way in & in Barbados on the way home when I originally filled their claim form in.)

    Is it worth getting involved in any more correspondence with them or is it a case of just sending the NBA posted above, or are they being genuine with me ?(Though I've got an inkling they are talking rubbish.)
    2012 wins
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture

    Is it worth getting involved in any more correspondence with them or is it a case of just sending the NBA posted above, or are they being genuine with me ?(Though I've got an inkling they are talking rubbish.)

    You need to follow Vaubans guide, it's all in there!
    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
    Thomson have come back & said that without boarding pass & my original booking confirmation showing flight details they can't pursue the claim any further.

    For "can't" read "won't". Of course they can. They are being totally obstructive. All you have to do is to prove to the Judge on the day that you were on the flight. You could send them a subject access request but i wouldn't bother. Send the NBA and if you still get nowhere sue them.
    JJ
  • tulsidas
    tulsidas Posts: 14 Forumite
    Hi,
    MCOL issued to thomson on 7/4/15. Thomson have not replied . Should i now ask for a judgement or is there something else i should do?
    Would be grateful for advice.
    Thanks
  • NoviceAngel
    NoviceAngel Posts: 2,274 Forumite
    Part of the Furniture
    tulsidas wrote: »
    Hi,
    MCOL issued to thomson on 7/4/15. Thomson have not replied . Should i now ask for a judgement or is there something else i should do?
    Would be grateful for advice.
    Thanks

    Simply log on to MCOL and request judgment by default.
    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
  • smartly
    smartly Posts: 98 Forumite
    Tenth Anniversary 10 Posts
    MCOL issued to thomson on 7/4/15. Thomson have not replied .

    Log onto MCOL, see if they have issued an acknowledgement. If so you have to wait longer another two weeks to see if they issue a defence. If nothing then as NoviceAngel suggests request judgment by default.
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