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  • I have just posted on the BA thread, under "Good News", the details of my successful claim using the MSE template as guide.
  • traceye
    traceye Posts: 415 Forumite
    Part of the Furniture Combo Breaker
    I sent a claim at the end of Dec 12 to Thomson for a 4 hour delay to malaga in 2008.

    I chased them up on email asking for a reply, and basically they are saying they rejected my claim because it is more than 2 years ago. Is this correct ? What shall I reply ?
    I did write to them at the time complaining about the delay, is it worth bringing this up with them perhaps ?

    The particular paragraph they state is below

    "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."

    Any help would be gratefully received?!
  • Caz3121
    Caz3121 Posts: 15,847 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    probably better on the Thomson board to see how others have dealt with the same response from them
  • I have received a reply from my airline asking me to resubmit my claim ask I am claiming the incorrect sum. I claimed 400 Euros per person for a 3 hour 40 minute delay to Gran Canaria. I am told under EU regulation EC261/2004 for delays or more than 3 hour and under 4 hours I am only entitled to claim for 50% of the sum - that is 200 Euros a person. Is this correct or is the airline playing for time. I do not know if overall this is good or bad news they have not dismissed my claim just saying I am claiming the incorrect sum. I have read through the main points of EC261/2004 but cannot see the specific issue mentioned but it could be hidden in the small print. Does anyone know if the fact the airline stated about the sum to claim is correct or not?. If not I can go back to them saying my original claim is correct and valid and refuse to put in another claim for the lower amount. Can anyone help me with this point of law please.?
  • kuepper
    kuepper Posts: 1,495 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    i'm a bit confused about which threads to posts in so i'm posting this here too: anyone any views on Jet 2 's reasons for delay in this case -
    o6cjmq.jpg
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    traceye wrote: »
    I sent a claim at the end of Dec 12 to Thomson for a 4 hour delay to malaga in 2008.

    I chased them up on email asking for a reply, and basically they are saying they rejected my claim because it is more than 2 years ago. Is this correct ? What shall I reply ?
    I did write to them at the time complaining about the delay, is it worth bringing this up with them perhaps ?

    The particular paragraph they state is below

    "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."

    Any help would be gratefully received?!

    It's in the FAQ's tracey. 6 years is the limit in England.
    Send them a NBA (also in the FAQ's) and tell them you'll be interested to hear them tell a judge their reasoning.
  • mil1963
    mil1963 Posts: 5 Forumite
    Part of the Furniture First Post Combo Breaker PPI Party Pooper
    I sent a claim into Thomas Cook just over 2 weeks ago. How long should it take for a response, haven't heard anything. Sent it to the head office in Peterborough, was this correct.
  • neechofish
    neechofish Posts: 12 Forumite
    Eighth Anniversary Combo Breaker
    Hi all.

    I may be being extremely dumb, but i cannot find a way to find out the length of the delay on flight stats. It keeps telling me they don't keep stats for anywhere other than the US???

    No one else seems to be having this problem.

    Its LS223 LBA - TFS on 4/08/2011. Scheduled arrival 20.05.

    Can anyone help or at least tell me what i am missing on the flight stats site?
  • Caz3121
    Caz3121 Posts: 15,847 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 7 March 2013 at 11:12AM
    neechofish wrote: »
    Hi all.

    I may be being extremely dumb, but i cannot find a way to find out the length of the delay on flight stats. It keeps telling me they don't keep stats for anywhere other than the US???

    No one else seems to be having this problem.

    Its LS223 LBA - TFS on 4/08/2011. Scheduled arrival 20.05.

    Can anyone help or at least tell me what i am missing on the flight stats site?

    assuming you have registered and logged in it will enable you to search from the front screen
    Your flight shows
    Scheduled departure 3:20PM
    Actual departure 5:08PM
    scheduled arrival 8:05PM
    estimated gate arrival 1:10AM 5th Aug
    so only showing an estimated arrival rather than actual....strange it left less than 2 hours late but was estimated 5 hours late
  • traceye
    traceye Posts: 415 Forumite
    Part of the Furniture Combo Breaker
    Mark2spark wrote: »
    It's in the FAQ's tracey. 6 years is the limit in England.
    Send them a NBA (also in the FAQ's) and tell them you'll be interested to hear them tell a judge their reasoning.

    Thanks, ive looked in the FAQ and I dont know what an NBA Is sorry ?
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