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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • romanby1
    romanby1 Posts: 294 Forumite
    thomson airways ltd
    tui travel house
    crawley business quarter
    fleming way crawley
    west sussex
    rh10 9ql

    the above address is incorrect.
    We have been told by the court to use the following address to contact thomsons and the address to quote on the court documents is:

    Thomson airways.
    Tui travel plc.
    Wigmore house,
    wigmore lane,
    luton.
    Lu2 9tn.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well I was doing quite well on catching up with posts in this thread but then I got bogged down in another rash of 2 yr limit and car breaking down excuses and i lost the will to live. :mad:

    But maybe things with Thomson are changing.
    I've just returned from Alicante, the outbound flight was on a 757, and the inbound was on a 737.
    Note that it's a smaller plane, yet there was a good few rows of empty seats.
    Cabin crew confirmed that the plane was only changed that morning.

    So, if 2 + 2 = 4, did Thomson arrange a spare plane promptly as the original 757 went tech?
  • mboo29
    mboo29 Posts: 21 Forumite
    Hi everyone,

    My case will become time barred at the end of this week.

    If I submit my court forms at the beginning of the week will this be ok, or is it when the forms are served on Thomson??

    Thanks in advance.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    mboo29 wrote: »
    Hi everyone,

    My case will become time barred at the end of this week.

    If I submit my court forms at the beginning of the week will this be ok, or is it when the forms are served on Thomson??

    Thanks in advance.

    Papers should be served by the Court within a few days of receipt, and I think the clock stops for your since years once the court receives the papers. Even so, I wouldn't hang about. Get them in on Monday.

    Have you previously written to the airline giving them a deadline for response before you initiate legal proceedings? You need to do this to satisfy the pre-actions protocols, which are explained here: http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_rta
  • Methusela
    Methusela Posts: 56 Forumite
    Hi Kerrie

    I would also appreciate a copy of your claim as I have followed all the steps requested by Thomson and I am still waiting five months after my initial contact. I want to up the ante now.
    Methusela
    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:
  • mboo29
    mboo29 Posts: 21 Forumite
    Vauban wrote: »
    Papers should be served by the Court within a few days of receipt, and I think the clock stops for your since years once the court receives the papers. Even so, I wouldn't hang about. Get them in on Monday.

    Have you previously written to the airline giving them a deadline for response before you initiate legal proceedings? You need to do this to satisfy the pre-actions protocols, which are explained here:


    Thanks for this Vauban, yes I had issued an NBA, I had actually went to the court last week to submit my forms using the European Small Claims Procedure to be told they had never heard of this - so will be going first thing Monday morning with my new forms.
  • mboo29 wrote: »
    Vauban wrote: »
    Papers should be served by the Court within a few days of receipt, and I think the clock stops for your since years once the court receives the papers. Even so, I wouldn't hang about. Get them in on Monday.

    Have you previously written to the airline giving them a deadline for response before you initiate legal proceedings? You need to do this to satisfy the pre-actions protocols, which are explained here:


    Thanks for this Vauban, yes I had issued an NBA, I had actually went to the court last week to submit my forms using the European Small Claims Procedure to be told they had never heard of this - so will be going first thing Monday morning with my new forms.

    Yes, the relevant date with regard to limitation is the date the court receives your claim. The court will serve the claim on Thomson later.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Methusela wrote: »
    Hi Kerrie

    I would also appreciate a copy of your claim as I have followed all the steps requested by Thomson and I am still waiting five months after my initial contact. I want to up the ante now.
    Methusela

    With respect Muthelsa, neither you nor I suspect most of the others need Kerrie's document at this stage. It doesn't sound like you are in the final steps of the legal process, which is where Kerrie was. You haven't presumably even started them?

    The first thing you need to do is to complete the pre-action notification protocols (which is basically to send a NBA letter) and then begin a process (I found MCOL easiest, but you can use a paper form). There are templates for this letter around the forum. Then you will need to fill in, in due course, an allocation questionnaire. After that you'll get a date/venue for court, and that's when you'll want to look at what Kerrie produced - except it may be completely useless from your perspective, as it will depend on what arguments the airline are making (you'll get a copy of their preliminary defence just before your allocation questionnaire arrives). Depending on whether the airline is arguing extraordinary circumstance, that the claim is out of the 2 years stipulated by the Montreal Convention, or that you have failed to prove you were on the flight, you will want to cast your own final defence paper accordingly.
  • romanby1 wrote: »
    the above address is incorrect.
    We have been told by the court to use the following address to contact thomsons and the address to quote on the court documents is:

    Thomson airways.
    Tui travel plc.
    Wigmore house,
    wigmore lane,
    luton.
    Lu2 9tn.

    I used the Crawley address (RH10 9QL) and the claim is going through OK (i.e. Thomson have issued an acknowledgement of service and stated that they intend to defend the claim)
  • kenpeo
    kenpeo Posts: 12 Forumite
    has anyone claimed flight delay compensation on the above flight from Sanford/Florida 3/7/2012 if so, have you received any payment yet? thanks in anticipation.
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