Flight delay and cancellation compensation, Tui/Thomson ONLY

CtrLng

I have reached a brick wall with Thomson in relation to a flight that was delayed in Aug 2010 for 6 hours due to a technical fault with the plane. The plane was delayed arriving in Rhodes from the UK due to a mechanical fault and then developed the same fault when it tried to take off from Rhodes with us boarded.

I lodged the complaint in Dec 2012 and they are refusing to payout claiming I am outside the 2 year window. Despite me pointing out that this does not apply to flight delay claims and referencing the CAA & Citizens Advice Bureau websites which all state 6 years along with ECJ Press Release No 150/12

In its judgment delivered today, the Court holds that the time-limits for bringing actions for compensation for flight cancellation under European Union law are determined in accordance with the rules of each Member State on the limitation of actions.

And pointing out to them the time limit applicable to the limitation of actions in England and Wales is determined by Section 5 Limitation Act 1980 which states

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

They still refuse to accept this and seem to think that they are above EU Law and have stated to me

I'd like to advise you that when the ruling was passed, it was initially understood that customers could claim for anything up to 6 years from the date of their delay as per UK law. However, the ECJ has confirmed that, as the Regulation doesn't say how long customers have to bring their claims forward, we now 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" need to be brought within 2 years. We, therefore, can't consider claims for flights that were delayed more than 2 years ago from the scheduled date the customer was due to return home.

Thomson have never disputed the reason for my claim as being invalid or beyond their control, only that I am outside the 2 year time limit.

I am therefore going to take my case to small claims court.

I know that the interest rate is 8% but what point do I calculate this interest from? Do I do it from the date of the flight that was delayed or from the date I first submitted my claim to them?

Any help on this would be greatly appreciated.

johannab

droylie wrote: »

Dear all

I posted on the main forum but just to let you know that I was due to go to court last Thursday and Thomson agreed to settle out of court for a delay from 2010. Thomson agreed 400 euros each (2 of us) and court costs. My ex-husband is a barrister and he did the claim for me and I am happy to email anyone a copy (it quite lengthy).

This was despite Thomson saying it was 'extraordinary' circumstances (it wasn't) and lying over the distance from Manchester to Palma (to try and get the lower amount). My case was put on hold in 2010 but I didn't give up!

Kerrie :beer:

May I too have a copy?

spaceaarvark

CtrLng wrote: »

I know that the interest rate is 8% but what point do I calculate this interest from? Do I do it from the date of the flight that was delayed or from the date I first submitted my claim to them?

8% pa from the date the delay occurred

andresykes

mboo29 wrote: »

Well done - lets hope there are more of us. Could you please send me a copy. Thanks in advance.

Excellent effort! I've just sent my LBA and would be grateful for a copy as well. Many thanks in advance

tightasarats

I would find a copy really useful if the offer still stands. I had the standard 2 year refusal a while back and in process on starting MCOL. Just waiting a few more days to see if I get a reply to NBA (unlikely I know). Am working under the assumption they are not relying on exceptional circumstances from what the pilot notified us at the time

Thanks in advance

joker5

hi
i have tried to claim compensation from thomson but they have informed me that on international flights you can only claim within two years of your return, is this correct?
basic details are the flight was from sri lanka to gatwick on the 22/10/2008 with a delay of 23 hrs. they are quoting, that the european court of justice has confirmed that as the regulation doesnt say how long 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"need to be brought within two years. is this correct or are they just trying to get out of it.

joker5

could you send me a copy please

droylie wrote: »

Dear all

I posted on the main forum but just to let you know that I was due to go to court last Thursday and Thomson agreed to settle out of court for a delay from 2010. Thomson agreed 400 euros each (2 of us) and court costs. My ex-husband is a barrister and he did the claim for me and I am happy to email anyone a copy (it quite lengthy).

This was despite Thomson saying it was 'extraordinary' circumstances (it wasn't) and lying over the distance from Manchester to Palma (to try and get the lower amount). My case was put on hold in 2010 but I didn't give up!

Kerrie :beer:

User4815

joker5 wrote: »

hi
i have tried to claim compensation from thomson but they have informed me that on international flights you can only claim within two years of your return, is this correct?
basic details are the flight was from sri lanka to gatwick on the 22/10/2008 with a delay of 23 hrs. they are quoting, that the european court of justice has confirmed that as the regulation doesnt say how long 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"need to be brought within two years. is this correct or are they just trying to get out of it.

2 year ruling was only mentioned on the last page. Read through the posts it has been commonly used by Thomson and is utter BS.

Take the next step as set out on page 1

Good luck!

joerob

joker5 wrote: »

hi
i have tried to claim compensation from thomson but they have informed me that on international flights you can only claim within two years of your return, is this correct?
basic details are the flight was from sri lanka to gatwick on the 22/10/2008 with a delay of 23 hrs. they are quoting, that the european court of justice has confirmed that as the regulation doesnt say how long 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"need to be brought within two years. is this correct or are they just trying to get out of it.

I Emailed the Supreme Court to ask if this was correct, they said

The UK Supreme Court has never given a judgment on thematter of 261/2004 claims.
I am awaiting a reply from Thomson as I have sent a copy of the email to them

Davidgeorge

Has anyone used a no win no fee company? If so what one?
We have tried to claim and are getting the same excuses as everyone else, a friend has claimed from Easyjet with no problems! So am slightly confused as to why we are all having major problems