Flight delay and cancellation compensation, Tui/Thomson ONLY

Mathew

A little bit further down this slow process for me. On the 25th of March had court acknowledge from TUI and Thomsonfly (adviced to tackle the both) in which they indicate they intend to defend my claim. Thier 28 days to give the specific defence is up tomorrow, if I haven't heard I hope to be eligible to apply for a default ruling

User4815

callllly wrote: »

Check this site out
airpassengerrights.co.uk

Thanks, will do.

User4815

bjcgmw wrote: »

My wife and were delayed over 15 hours travelling from Manchester to Mombassa 26th Jan 2009. We were given a document from them stating the reasons etc. The aircraft had a technical fault. Using MSE's template I mailed Thomsons and got a standard for to complete. This was done including all information and documentation required plus more.

I received a letter today from them starting off with the usual apologies blurb then goes on to say and I quote.

"The European Court of Justice has confirmed that, as the Regulation doesn't say how long the passengers have to bring their claims, we need to look at our national law. The Supreme Court in the UK has said that all claims to do with "international carriage by air" are subject to the framework of the Montreal Convention which provided that claims need to be brought within two years. We, therefore can't consider claims for flights delayed more than two years ago."

I will be taking this further with them as I cannot see the point of the ECJ stating that delays can be claimed for as far back as 2005 if we cannot claim further back than 2011.

BJC

This 2 year nonsense has been mentioned throughout this thread umpteen times.

Proceed to the next step - NBA as set out in the FAQ on Page 1!


Good luck!
Gary

percypoppit

Pingpongking wrote: »

My wife and I plus our two children were also on the above flight dated 26 June 2012. The departure was delayed by over 5 hours and although we made up a little time, the arrival at Montego Bay was 4 hours and 24 minutes late according to 'Flightstats'. I think it is the latter that determines the amount of compensation, and given the length of flight, should mean we get the maximum amount provided the delay was Thomson's fault. Does anyone else on this flight remember the reason given for the delay at the time? From memory I don't think it was due to weather conditions. I suspect Thomsons will come up with a reason which gets them off the hook unless any of us remember the reason given at the time!
Many thanks.

I have only just been able to access forum after posting some time ago under percyandbob. The delay was known about before 7 in the morning as we arrived very early. The cause of delay was only know at after 2 in the afternoon and was the lighting strip which come on in an emergency down the aisle of the plane was not working. Let me know how you are getting on with your claim as it only takes one of us to win on the same flight to help others .

cwoolhouse_2

I too received the '2 year' letter yesterday for a claim relating to a 14 hour delay out of Cancun in 2009. However, I figure I'm in a relatively strong legal position as I originally submitted a claim for compensation (just for the amount it cost me at the time - £160) within three weeks of the flight which was rejected out of hand.

I guess I just need to send then a NBA and go via the court route. Oh well...

Gooseman41

I have today received the two letters through MCOL confirming that Thomson are going to defend both of the claims I have made against them. I presume now I have to wait the 28 days to find out on what basis. I have written three times and only ever got the two year letter back, nothing ever to say why there were delays to our flights. We'll see. I presume I just sit and wait, there's nothing for me to do at this point.

Thanks

romanby1

I would like to find out if there are any passengers that flew out to the Maldives on 18th. January 2011 on Thomson Flight No TOM188 and where delayed like us for nearly six and a half hours.
I would be grateful if you would Private Message me if you don't want the information online.

RachyBabes1983

I have had a responce from Thomson's saying that compensation is not payable as the technical problem falls under "extraordinary circumstances." I dispute this entirely & find their letter extremely contradictory & will be taking this further. We were delayed for 19 hours from Rhodes to Manchester in September of last year. I am just wondering what the next steps are. Do I send a letter to the CAA asking them to investigate my case or do I send another letter to Thomson stating that I want them to provide more information and/or to pay up within 14 days. Please help!!

Vauban

RachyBabes1983 wrote: »

I have had a responce from Thomson's saying that compensation is not payable as the technical problem falls under "extraordinary circumstances." I dispute this entirely & find their letter extremely contradictory & will be taking this further. We were delayed for 19 hours from Rhodes to Manchester in September of last year. I am just wondering what the next steps are. Do I send a letter to the CAA asking them to investigate my case or do I send another letter to Thomson stating that I want them to provide more information and/or to pay up within 14 days. Please help!!

Write a Notice Before Action letter (templates in the FAQs) and then taken them to court.

davidbrian55

many of us seem to be in the waiting for defence to be filed area. Thanks to those offering support and advice. The more info we can put together from those initial defence statements from thompson the better, so please all do pass/post that info on.

And don't give up!