Flight delay and cancellation compensation, Tui/Thomson ONLY

darkwarrior

So I've done he first step and received the e-mail about them having to obey UK law which limits claims to 2 years, even though the MSE site says they are bound by EU law and this topic says that 2 years is a lie. What is my next step because they've intentionally left all contact information out of the e-mail.

Saz1

Myself and my family had a 23 hour delay on a flight from Manchester to Cancun in October 2008.
I followed the advice given on this site and sent in a completed Air passenger rights EU complaint form along with a copy of my holiday booking details and printouts from flight aware showing the delay.
I have today received a reply from Thomson Airways and to no surprise my claim has been refused. The reason they gave is as follows:
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" are subject to the framework of the Montreal Convention which provides that claims need to be brought within two years. We, therefore, can't consider claims for flights that were delayed more than two years ago.

Is this true? I thought we had 5 years to claim?
Any advice/help would be very gratefully received.
Thanks

spaceaarvark

spaceaarvark wrote: »

In my "Notice of Proposed Allocation to the Small Claims Track" it says:
"You must ... complete the Small Claims Directions Questionnaire (N180) and file it with the court office and serve copies on all other parties"

Does this mean I am supposed to send a copy to Thomson? I thought the court forwarded my answers to them.

On the form itself it says "Once you have completed this form please return it to the court...". Nothing about sending it to anyone else.

Can anyone answer this question please?
I know there are folks who have got further down the line than I have; did they send a copy of their completed Directions Questionnaire to Thomson, or did they just send it to the court?

hopeitflys

Watch dog bbc 1 next wednesday are doing a piece on airlines who are trying to get out of the 261/04 regs. Bet Thomson are one of those mentioned.

leylandsunaddict

I think Monarch and TCX are on it, but not heard about Thomsons. That's one programme that doesn't get watched in our house. Bloody woman has done more damage to the travel industry than anyone else I can remember.

SimonD316

hopeitflys wrote: »

Watch dog bbc 1 next wednesday are doing a piece on airlines who are trying to get out of the 261/04 regs. Bet Thomson are one of those mentioned.

I'll have to watch it, I contacted them a few weeks ago about Thompson's miss leading replies, let's see what they have to say.

Ich_2

about Thompson lying

Are they? Can you prove that?

They and others are using a 2 year reason for not looking at claims, one poster on here thought it related to a particular case, another poster asked the court but, I think, asked the wrong question. Apart from that it depends on the opinion of non legal folk (as I am)

The only proof will be in the courts, have you done that or sought expert legal opinion?

Tresh

spaceaarvark wrote: »

Can anyone answer this question please?
I know there are folks who have got further down the line than I have; did they send a copy of their completed Directions Questionnaire to Thomson, or did they just send it to the court?

Yes, you need to send it to Thomson.

Tresh

My girlfriend and I were delayed for over four hours going to the Dominican Republic due to leaking hydraulics on the landing gear and I have sent my claim in. Given what I have read on here, after 14 days I shall simply issue County Court Proceedings. As I am a solicitor I shall have no fear in conducting the claim myself and shall let you all know how I get on.

aytch

Can I ask if anyone can advise me on how to make a data protection search access request to the airline so I have proof I was on the flight?
Thank you