Flight delay and cancellation compensation, Tui/Thomson ONLY

spaceaarvark

Sammie1 wrote: »

I have just wrote to Thomson advising then that their 2 year to claim rule is incorrect I had a delay in 2008 for 14 hours back to Manchester from Dominican I have quotedThe judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.
I have also told them I've wrote to CAA and going to be taking court action!

Frankly, you are wasting your time writing to Thomson to debate the validity of their 2 year rule, and they are not going to be interested that you have written to the CAA.
If you are hoping for any success at this stage the only route to take is a proper NBA followed by a small claims action.

spaceaarvark

Old_Traveller wrote: »

Hi All

Has anyone had a reply from 'Drolyie' (Kerrie) re her kind offer of a copy of her case notes??

I requested a copy a few weeks ago but as yet nothing. I am now putting together my notes to pursue my case to MCOL.

My request have been turned down as it is a Technical 'Exceptional Circumstance'. A 'reverse thrust' light came on as we were on our take off roll, the take off was aborted and we then had to wait for an engineer to fly out from the UK to Cape Verde to lock out the Reverse Thrusters.

Anyway if anyone has a copy they could pass on please could I have one.

Might be a good idea, with 'Droylie's' permission to put a copy into the FAQ's as this may help others as well.

Many thanks.

John.

Not heard anything...

Thesiteagent

Originally Posted
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:
Kerrie has completed her claim so why would she still be reading posts on here.
Why not personal message her as I did......Simples :beer:

LeoMc_2

romanby1 wrote: »

You are getting the same response as everyone else. Ignore it.

If you are claiming for a delay on an airline based in an EEC country or a foreign airline flying out from or to an EEC country you can claim for delay up to 6 years from the date of departure.

c you are claiming for a delay or anything else on a foreign airline, back to this country you probably will have to rely on The Montreal Convention which is limited to 2 years.

All the airlines quoting the Montreal Convention for 261/2004 claims are using delaying tactics in the hope you will go away.

Be firm and stick to your guns.

Are there any legal references that can back up EEC 6 years rule? I have been reading posts and links from within this thread for a couple of hours, however I am still coming up stuck.

I have received the standard denial today, and would like to appeal to the airline direct before proceeding with the legal route.

rajivsingh100

quick query- has anyone claimed for more than just the fixed penalty in euros. Would it be reasonable to ask for some punitive ro exta payment based on dragging things out for 2 yrs with several letters and stress caused. The fact that we lost a whole day of our holiday in itself caused a lot of upset at the time.
just wondered if anyone else has asked for more than just the fixed amount in their court application.#thanks

Old_Traveller

Thesiteagent wrote: »

Originally Posted
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:
Kerrie has completed her claim so why would she still be reading posts on here.
Why not personal message her as I did......Simples :beer:

Hi Thesiteagent

I've sent you a message, basically I had PM'd Kerrie before my last message.

John.

romanby1

rajivsingh100 wrote: »

quick query- has anyone claimed for more than just the fixed penalty in euros. Would it be reasonable to ask for some punitive ro exta payment based on dragging things out for 2 yrs with several letters and stress caused. The fact that we lost a whole day of our holiday in itself caused a lot of upset at the time.
just wondered if anyone else has asked for more than just the fixed amount in their court application.#thanks

I don't think you can ask for punitive damages, though I see your point.
We were advised to claim for interest at 8% per annum from the date of the delay. Details of how to calculate it on a daily basis are on the SCC PDF leaflet EX302 which you can download from the SCC site.
We have also claimed for the loss of 1 days expensive All Inclusive holiday, meals and incidental expenses both at the airport, post and telephone calls to Thomsons.

spaceaarvark

rajivsingh100 wrote: »

quick query- has anyone claimed for more than just the fixed penalty in euros. Would it be reasonable to ask for some punitive ro exta payment based on dragging things out for 2 yrs with several letters and stress caused. The fact that we lost a whole day of our holiday in itself caused a lot of upset at the time.
just wondered if anyone else has asked for more than just the fixed amount in their court application.#thanks

I think if you try to claim for anything other than the fixed compensation covered by the EU ruling you will definitely fall foul of the 2 year limit of the Montreal Convention (I assume that you did not start any legal proceedings within 2 years)

RM2013

Can anyone confirm how much you can claim for.
I intend to place a claim for a 3 hour delay traveling from Birmingham to Montego Bay, a distance of 7450 kms. Looking at the chart on MSE I'm not sure if it is 300 or 600 Euros

RM2013

We were delayed exactly 3 hours according to FLIGHTSTATS web site.
5 April 2013, TOM796