Flight delay and cancellation compensation, Tui/Thomson ONLY

Tyzap

Well done Ann, you got there

panda_jamie

MCOL help please
Hi all
I went through MCOL. 3 weeks after filing Thomsons have placed a bar (not sure what that is? About to google it). They've also filed a defence which is just delaying as it has points a to e which are i have not provided names, ref numbers, costs, flight number and date. All not true on claim and provided on earlier correspondence. How do i now respond and provide that information? I can't see anything on the mcol site. I will google it and it will print out the defence to see if it says anything. I know the court sends copies of everyything by post but not received yet (Thomson filed late on Friday) and i guess this may have instructions but really appreciate help/advice from any of you who have been through the system or know anything about it.
Sorry for sounding so stupid and thankyou all for taking time to offer up your advice
Helen

111KAB

Helen


Vauban's Guide is your friend .... Google, digest and things should be a lot clearer and you will probably see Thomsons are playing a game they are likely to lose or more likely throw in the towel.

Whippo

I was on a delayed flight to Bourgas from London Gatwick on 21/05/2016. We were delayed on our outbound flight for 7 hours and we're given little information and support (no food vouchers) while delayed. On return I started a claim through Resolver and got the usual standard reply from Thomson and escalated as promoted by Resolver until I had exhausted that process. I then used CEDR take the complaint to the next level. Thomson offered no defence and I was awarded €800 in compensation (£698).
The holiday was a cheap last minute break to Bulgaria costing a little over £500 and if Thomson had offered me a couple of hundred pounds compensation early on in the process I genuinely would have accepted....but due due to their ignoring/time-wasting tactics I followed the claim right through. If they were more open and accommodating with these complaints I don't think they'd have quite the backlog. Highly recommend resolver/cedr and if you follow through and are persistent I doubt Thomson will defend the case. Good luck to anyone else pursuing them for compensation.

bobcar

Hi all

I have been following Vaubans great guide to claiming compensation for my delayed Thomson flight. As I have had no responses from Thomson I am about to make a claim through money claim online but have stumbled on a problem. On the form it requires you to put compensation claim in pounds but my claim is for euros. I contacted the helpline and I was told that the claim for delayed flights was no longer done with the Mcol and was given a number to contact liverpool. I did this and was told to use a European claim form I have looked on hmcts website and am a little confused as this form seems to be for claims elsewhere in the EU. If anyone could point me to which form I should be using that would be great as I dont want to use the wrong form and ruin my claim.

Many thanks

JPears

As far as I am aware, if the claim is against Thomson you use the normal MCOL. Euro claim form is for airlines that don't have a UK address.
You convert the euros to pounds either at the current rate of the time of the delay, whichever is more favourable to you. If it goes to court, the judge will usually use the rate at the time of judgement.

bobcar

Hi thanks Jpears, I will continue through MCOL

thanks for your reply

dawnkb1

Hi Helen,


They have done the same to me, put in a defence when I have a legitimate claim, the next thing I got was Thomson's request to move the hearing to their local court. I am now awaiting a Court date. If you need any help with your Court Bundle let me know and I will be more than happy to help.

JPears

dawnkb1 wrote: »

Hi Helen,


They have done the same to me, put in a defence when I have a legitimate claim, the next thing I got was Thomson's request to move the hearing to their local court. I am now awaiting a Court date. If you need any help with your Court Bundle let me know and I will be more than happy to help.

If you both win, I think you should make a complaint to the CAA. The CAA in a rare show of limited bravado did require all airlines to follow the regulations and no procrastinate or delay valid claims. Clearly this airline is ignoring the CAAs line. But the CAA won't know about it until people complain.
Not that CAA can or will do anything about it....

panda_jamie

dawnkb1 Thankyou for your reply. I received a copy of their defence in the post today and am about to file the next court form to get a court location. One thing i am really unsure of at the moment is how i can respond to their defence. They say "The Claimant failed to particularise their Claim. The Claimant should be compelled to provide the following information: a) booking reference b) names of claimants c) flight number d) date of flight e) quantify the value of the claim". They have had all this info already but happy to resubmit but don't know if i send to the court/to them or what!!
I know it's just their delaying tactic to get us to give up but i find it very frustrating. I'm not a lawyer!!
At the end of the day i know it's a legitimate claim - me and my elderly mother were delayed more than 21 hours returning from Santorini. They claim technical problems. I have also claimed subsistence off them as in my view they failed in their duty of care - original flight should have left about 9pm (can't remember exact times off top of my head). They did feed us that night and eventually provide accommodation (got to it at 5am!!) but then nothing was provided until 5pm so i claimed lunch and refreshments. They of course didn't offer use of phone or internet which i believe is also duty of care but i shall ignore that.
Good luck with your claim.
I shall now go and read MCOL FAQs and help to see if i can work out how to answer the latest delaying tactic!
Helen