Flight delay and cancellation compensation, Tui/Thomson ONLY

NoviceAngel

denised wrote: »

wrote to thomsons about delayed flight 14days up how long should I wait before sending NBA letter.just like to say you all brill on these posts giving help and advice.Keep up good work :beer:

I always think that your first letter could also be the NBA, so my answer is the time is right now!! Thought you had a Jet2 case denised? If so, what state of play is that one in?

Cheers,

NoviceAngel

tulsidas

Vauban wrote: »

Don't do the normal baillifs - go for the HCEOs if the debt is higher than £600 (I think).

Hi is there a differance ( advantage) in using HCEOs?

Vauban

tulsidas wrote: »

Hi is there a differance ( advantage) in using HCEOs?

Yes - they can force entry and take goods, whereas the ordinary bailiffs cannot. You get your money with the HCEO. Check out someone like "The Sheriffs".

utigers

NoviceAngel wrote: »

I think you are absolutely right although 'reasonable' could quite easily be argued as wrong in law...

We often read about passenger illness and how a medical emergency DOES warrant an EC, if we accept that is beyond the airlines direct control, but clearly an aircraft going tech mid flight IS within there control...

.... In the above you could then argue that passenger illness is also 'inherent in running an airline', so again to me it's always down to legal interpretation, and since IANAL then I'll let Bott have a go at answering this one! Lol

It's like the multi hop trip connecting flights, we can and do have great debates and look at both sides of the arguments, then some of us get to see the very same arguments played out for real in the Court room...

So I've changed my advice to utigers, have a go, preferably through a NWNF and then hopefully they'll take it ultimately to the High Court if needed...

It's been slowing down in here, and we could do with another Huzar, Dawson or Allen case to liven things up a little...

Think I'll go shopping I'm bored!!

Thanks for the replies. Just to add to this it occurred on Good Friday, because of the technical fault more staff had to be resourced because of there shifts finishing this was also part of the 6hour delay. Obviously this is within their control.

Part of my gripe is holding large companies to the law but also there rip-off pricing policy for school holidays.

Is there a list of specialist NWNF lawers that I can contact?

Thanks for the responses.

denised

hi na had email off botts courts issued proceeding and jet2 got 14days to acknowledge then further 14days to write defence so fingers xx.as for thomsons not sure if just over or under 3hrs delay put it up on botts and that coming up congrats.will write them a nba if no joy will just let botts do it.pleased with what done up to know with jet2 claim. money would be very nice but I just want to beat jet2 so can tell mates yeesss I won:rotfl:

NoviceAngel

utigers wrote: »

Is there a list of specialist NWNF lawers that I can contact?

Thanks for the responses.

The only specialist firm of solicitors I know are Botts, obviously there will be others, but they seem to get mentioned more than most on here, and overall most passengers seem very pleased with the service that they have received...

legal_magpie

Vauban wrote: »

Yes - they can force entry and take goods, whereas the ordinary bailiffs cannot. You get your money with the HCEO. .

I wholly endorse Vauban's advice about using HCEO's if possible but should clarify that the right to force entry doesn't apply to residential premises. This isn't relevant to cases against airlines but I mention it in case any of our readers find a bailiff turning up on their doorsteps to enforce a judgment against them!

Skid_Marks

NoviceAngel wrote: »

EDIT I seem to recall a payout on a similar situation when a plane was flying out of Tenerife and had to turn back, I think I read it somewhere in here, but really would be difficult to find it unless anyone can remember the case?

I have a case going to court against my good friends Jet2 where the plane had to turn back to Tenerife because of engine failure.

I will let you know the outcome of my claim in due course Novice, if necessary by PM.

NoviceAngel

Skid_Marks wrote: »

I have a case going to court against my good friends Jet2 where the plane had to turn back to Tenerife because of engine failure.

I will let you know the outcome of my claim in due course Novice, if necessary by PM.

Thanks m8

That must have been the one I was thinking of!

Good luck

NoviceAngel

Mrs_Optimist

Latest response received from Thomson after our flight was delayed by over 4 hours because of an avalanche in Geneva preventing passengers travelling to the airport to catch the flight in time (this was on our aircrafts previous rotation - we were waiting in Tenerife) is that they maintain extraordinary circumstances. I have sent a LBA and intend to sue in 14 days. It is amusing that their story keeps changing but I now have it in writing from them that our flight "was delayed due to air traffic restriction followed by weather conditions in Geneva caused by avalanches. This caused problems with many flights as passengers were unable to make it to the airport, which then resulted in a knock on effect to your scheduled flight" They continue that extraordinary circumstances include "Weather conditions incompatible with the safe operation of the flight. These weather conditions may be forecast to arise either at the airport of departure/arrival or along the intended flight path of the aircraft".


I do not accept that the fact the aircraft was ordered to wait on the tarmac for 4 hours was an extraordinary circumstance, but was for operational reasons. There were no problems with flights taking off or landing at Geneva airport - in spite of the avalanches which affected the road not the runway!


They have also tried telling me that there were air traffic control restrictions at our arrival airport in Exeter - which a simple check showed could not be true as nothing was delayed by more than an hour (bar our flight of course) I have asked them previously to provide proof of this but they have failed to do so.


Was anyone else travelling on TOM6639 Tenerife South to Exeter on 27 December 2014?


Does anyone have a differing view on my stance?