Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

As NA said, you shouldn't use MCOL for multiple claimants. Rather than write-off the claim and try again, I'd be inclined to stick with it now: your claim might be struck out, or you may only be allowed to claim for yourself, but many judges also allow you to add family members when the case gets to a hearing.

You should have identified your wife's and child's name in your POC, but make sure that you show the court the correspondence which includes all these details, including booking reference.

Now you just need to wait to see what the Northampton "clearing" court does. Hopefully they'll send you an allocation questionnaire and you can get the case transferred to your local court.

All this is covered in my guide, which hopefully you've read.

vettecarl

I have read the guide (its excellent)... but this time I will read it whilst im wide awake!
Thanks for your input
Vettecarl

cheshire_mob

I wrote on 3rd March, recorded delivery, giving them 14 days. Last week, w/c 1st June, while on holiday received letter dated 18th March, together with cheque and invoice dated 7th May. Worth waiting a few weeks.

BoltsK

Hi,

Not sure what to next...

We sent Thomson a NBA and got a response stating extraordinary circumstances response, and no response to the CAA (and over 5 years so they could not continue we decided we did not want the hassle of court so contacted Bott & co.

They have sent Thomson two letters but no response...

...but we just received a cheque directly from Thomson!

Can we just ask Bott & co not to continue?? Really not sure how the NWNF works as they have not won it for us...but we didn't technically have a claim to make through them??

Happy we have got our compensation but it's left us in an awkward position!!

NoviceAngel

BoltsK wrote: »

Hi,

Not sure what to next...

We sent Thomson a NBA and got a response stating extraordinary circumstances response, and no response to the CAA (and over 5 years so they could not continue we decided we did not want the hassle of court so contacted Bott & co.

They have sent Thomson two letters but no response...

...but we just received a cheque directly from Thomson!

Can we just ask Bott & co not to continue?? Really not sure how the NWNF works as they have not won it for us...but we didn't technically have a claim to make through them??

Happy we have got our compensation but it's left us in an awkward position!!

Not an awkward position you've just received a cheque after Bott's involvement, it may well be that the cheque has been issued to you after the airline knew that you had instructed Bott's ?!? But either way you've a cheque that you didn't have before.

My advice, would be to give Bott & Co a call and simply tell them what's happened, honesty really is the best policy.

Cheers,

NoviceAngel

BoltsK

Thanks - think it was just a bit of a shock to actually get the cheque! We had just landed last night from holiday to find it on the mat out of the blue.

Letter was dated 8th May and cheque printed the 14th - we agreed to go with Bott & co. on the 15th of May so Thomson really need to improve their post service!

Anyway, we gave Bott & co. a call as suggested and they have closed our file, that's it, only thing left to do is go to the bank - hurray!

£872.00 for flight TOM217 14/9/2009, Boa Vista to Manchester for two passengers!

MJwalsh

we were on flight TOM071 on 23/04/2015 SFB-LGW and were delayed over 8 hours in Sanford.
After a frustrating year and getting as far as awaiting a date for court, I have received an email today telling me that Thomsons have agreed to settle the full statutory amount plus claimant costs and are generating a cheque for £1800!
I am thrilled.:j
It does say however "The Defendant does not accept that it is liable for any consequential costs" which I guess means they are refusing to pay the 8% interest I asked for.
I am happy it is all over to be honest, but wonder what others think about the interest issue?
many thanks for all the info on this site. Couldn't have done it without you!

JPears

Its not worth much so I would be inclined to leave it as is. If you claim was from 6 years ago, that would be a different matter

MJwalsh

sorry... flight was on 23/04/2014!
typo caused by excitement!

Anth_Daley

Hi after a little assistance I have just received this off Thomsons following my request for compensation following a ten hour delay. Should I take this to the small claims court or do I have to respond to this letter first.

Dear Mr Daley,

Thank you for taking the time to contact us regarding your flight delay claim.

In a limited number of circumstances Regulation 261/2004 of the European Union ("the Regulation") now entitles some affected customers to a payment when their flight is delayed over three hours on arrival.

In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM758, Birmingham to Sanford, and our delay handling logs show that the flight was delayed due to a technical issue with the flight control electrics. As this is an aircraft still under manufacturer's warranty this is classed as a manufacturer's issue.

So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

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 compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.

Thank you again for taking the time to contact us