Flight delay and cancellation compensation, Tui/Thomson ONLY

tomclarky

Hi guys, a couple of questions. In 2007 i was delayed 6 hours from Bournemouth to Ibiza and at the time we were simply told it was a 'technical fault' with the plane, but no more details than that. Strangely the flight isn't registered on the flight stats website, but the flight that the same plane took directly afterwards when it turned around and came straight back to Bournemouth was shown as leaving 6 hours late, which proves the delay, albeit indirectly.

1. If i did go down the route of an NBA and a court claim, how much risk is involved and how much money could it potentially cost me in fees if i did happen to lose my case?

2. Because i'd like to know the exact cause of the delay before i file a claim, are Thomson duty bound to provide me with that info based on their records, presuming i prove to them i was on that flight?

rajivsingh100

Dear friends,
Flight TOM188 Manchester to Male 25/1/11; delayd 25 hrs and lost 1/7th of our honeymoon!

I ve read through all of these pages and after the success of others, we will also file for court.
I have 2 quick questions though which I d like help with please-
1. At the time the staff told us that they had diverted our plane from manchester to barbados simply to pick up others who were stranded. They sent our plane to replace a faulty one. But they then gave us a sheet that states that the delay was due to a late arrival of the incoming flight despite what the check in and plane crew told us the next day!!!However I have no proof to that effect and Flightstats does not have any information on our flight. How can I get round this? they will claim it was an EC without doubt?
2. the other query is do we definitely have to send a Notice of court action letter and wait 14 days. We have now written to them 4 times and each time said that we will go to court. do i need to write yet again?

Welcome any thoughts please.
rajiv

Mark2spark

How pathetic to write 4 times and threaten court and then just write again with another query.

No-one seems to get it, the questions have been answered simply dozens of times now. Just read and do the leg work yourselves.
And then reach this conclusion:
Write and commence your claim.
14 days later, send an NBA, irrespective of not having / or having received a reply.
14 days later, commence a court claim.

Do not correspond in any shape or form. You are wasting your time.

Obviously don't claim if there indeed are EC's like snow fog ice etc
You will soon find out the *exact* cause of the delay as per the airlines filed defence.

Vauban

Mark2spark wrote: »

How pathetic to write 4 times and threaten court and then just write again with another query.

No-one seems to get it, the questions have been answered simply dozens of times now. Just read and do the leg work yourselves.
And then reach this conclusion:
Write and commence your claim.
14 days later, send an NBA, irrespective of not having / or having received a reply.
14 days later, commence a court claim.

Do not correspond in any shape or form. You are wasting your time.

Obviously don't claim if there indeed are EC's like snow fog ice etc
You will soon find out the *exact* cause of the delay as per the airlines filed defence.

I am afraid that, though Mark may sound harsh, his words are wise. Most of the airlines on this forum (with the exception perhaps of BA and Easyjet) are giving folk the runaround, assuming that they can fob you off with misdirection. I suspect this tactic mostly works.

So why would the airline take you seriously if you don't follow through on your threat to take this matter to court? Four times?

You have to take the plunge, I'm afraid, and start proceedings, if you want your money. I know that isn't fair, but it's the game the airlines are playing. And if you're not up for that, move on.

romanby1

Vauban wrote: »

I am afraid that, though Mark may sound harsh, his words are wise. Most of the airlines on this forum (with the exception perhaps of BA and Easyjet) are giving folk the runaround, assuming that they can fob you off with misdirection. I suspect this tactic mostly works.

So why would the airline take you seriously if you don't follow through on your threat to take this matter to court? Four times?

You have to take the plunge, I'm afraid, and start proceedings, if you want your money. I know that isn't fair, but it's the game the airlines are playing. And if you're not up for that, move on.

We have taken the plunge and even then their defence is a load of garbled junk quoting Montreal, paragraphs with the same numbers some out of sequence. It looks like someome has copied and pasted it together.

Vauban

romanby1 wrote: »

We have taken the plunge and even then their defence is a load of garbled junk quoting Montreal, paragraphs with the same numbers some out of sequence. It looks like someome has copied and pasted it together.

I know - mine was utterly hopeless too. They even got my flight wrong - and in a document to the Court!

Debbie321

My flight to Sri Lanka in 2008 was delayed by over 22 hours - we took off on time but there was a fault with the plane so we had to go back to Gatwick and stay in a hotel overnight before they supplied a new plane! I supplied all the relevant information and used the template letter.

I thought the claim would be straight forward but Thompson have replied including this extract:-

The European Court of Justice has confirmed that, as the Regulation doesn't 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. We, therefore, can't consider claims for flights that were delayed more than two years ago.

I'm new to this so please excuse these questions!
Is Gatwick an EU airport?
Are Thompson right?
What should I do now?

TBH I've had 2 more delayed flights to Europe but haven't pursued these as they were cheap holidays - this one however lost us a day from our holiday of a lifetime not to mention the stress of the emergency landing!

romanby1

Debbie321 wrote: »

My flight to Sri Lanka in 2008 was delayed by over 22 hours - we took off on time but there was a fault with the plane so we had to go back to Gatwick and stay in a hotel overnight before they supplied a new plane! I supplied all the relevant information and used the template letter.

I thought the claim would be straight forward but Thompson have replied including this extract:-

The European Court of Justice has confirmed that, as the Regulation doesn't 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. We, therefore, can't consider claims for flights that were delayed more than two years ago.

I'm new to this so please excuse these questions!
Is Gatwick an EU airport?
Are Thompson right?
What should I do now?

TBH I've had 2 more delayed flights to Europe but haven't pursued these as they were cheap holidays - this one however lost us a day from our holiday of a lifetime not to mention the stress of the emergency landing!

Take no notice of their claim.
IT IS 2 YEARS FOR A MONTREAL CLAIM.
IT IS 6 YEARS FOR A EC261/2004 CLAIM.
They are trying to cause confusion to put you off.
In other words they are being ECONOMICAL WITH THE TRUTH.
Ignore their statement.
Read all the links on this page https://forums.moneysavingexpert.com/discussion/4421185

grazzzz

Tommy2000 wrote: »

Hi to everyone, I have just signed up to this forum in order to offer encouragement to you all in your claims against Thomson Airways.

On 25th April 2013 at Truro County Court my daughter won her case against Thomson Airways for a 7 hour delay in her flight from Exeter to Ibiza (TOM6642) on 10th October 2009.

My daughter was claiming on behalf of herself and her friend and was awarded £525 including costs, and as she is currently in Australia, I represented her in Court.

The matter had been ongoing for quite a long time with an initial claim being lodged with the Court in July 2010 after Thomson Airways ignored all our claim letters and a' Letter Before Action' regarding the EC-261/2004 regulation.

Once the claim had been issued Thomson defended the claim and the basis was that EC-261/2004 did not apply to delays or, in the alternative, a technical fault with the aircraft was 'extraordinary circumstances'.

this is so valuable to anyone disputing EC great work

A_Flock_Of_Sheep

I filed a court claim against Thomson who had until 23 April to file and Acknowledgement of Service.

As predicted Acknowledgement of Service was filed exactly on 23rd April not a day before!

Thomson intend to defend ALL of the claim and I predict a "defence" will be filed on the last possible day also.