Thomson: 2 year claims limitation letter

Mark2spark

I take your point Ich, I'm not a lawyer, just offering my tuppence worth.

Funny how all the other airlines are paying out without this nonsense though.
Maybe Thomson's lawyers are extraordinarily super-dooper and BA's lawyers are rubbish

A_Flock_Of_Sheep

Ich wrote: »

Have it your way, in my own sphere I've seen too many fall down by using their own interpretations of laws without proper advice. I would hate it to go wrong on here for so many!

Maybe it is Thomson who are falling down? It is after all their interpretation, or more specifically their legal team's interpretation of the laws. Just because their legal team say it's two years it does not mean they are right.

Why do no win no fee firms pressing this compensation say it is 6 years? They are not stupid and would not advertise that without proper knowledge!

A_Flock_Of_Sheep

Apparently Thomson have outsourced their litigation to Plexus Law in Croydon.

So if I wanted to have Plexus law act for me in bringing a case against Thomson I assume Plexus will advise me that it is a two year limit?

A_Flock_Of_Sheep

I notice how this 2 year letter from Thomsons is caveated "Without Prejudice".

I think that means it can't be used as part of evidence for a court hearing. I wonder why Thomson do not want that to be used?

Prof_Ligate

A_Flock_Of_Sheep wrote: »

Apparently Thomson have outsourced their litigation to Plexus Law in Croydon.

So if I wanted to have Plexus law act for me in bringing a case against Thomson I assume Plexus will advise me that it is a two year limit?

They wouldn't be able to act for you as there would be a conflict.

Ich, Thomson's lawyers are just giving their opinion. The opinion on here is different to theirs. One judge will come to a different conclusion from another judge - that's just how the law works.

It will be interesting to see how it all plays out but the EU ruling clearly states that it comes down to the members states' rules on limitation of actions. Different actions have different limitation periods. Is this something with a 6 year limitation period? Probably as the compensation claim is for a sum recoverable by statute (EU reg) for which you get 6 years to claim under Limitation Act. The potential exceptions to the Limitation Act have already been tested in the European court and failed so I cant see how the guys on this board who have done all the digging can be wrong.

Prof_Ligate

A_Flock_Of_Sheep wrote: »

I notice how this 2 year letter from Thomsons is caveated "Without Prejudice".

I think that means it can't be used as part of evidence for a court hearing. I wonder why Thomson do not want that to be used?

That is odd as 'without prejudice' is usually used when offers are made not just letters simply stating a defence. I'm not sure it would stand up to being a 'without prejudice' letter. Maybe its just to make it look more official or the lawyers are grabbing at straws?

Mark2spark

But how could Thomson use the 2 year limit reason (in court) without defying the logic behind marking the letter 'without prejudice'?
Baffling.

lelbel1

I received my '2 year' letter on 08.03.13. My claim goes back to Jun 2007, so need it sorting asap, so as not to pass the 6 year limit.
I have just drafted my LBA and will send it off today. Have also registered with MCOL ready to file me claim on 25.03.13.

RealCK

You can add me to the list of people receiving the 2 year letter. I will be sending my info to CAA.

Previous experience of private claims has resulted in non-payment, despite winning the ruling so I'm sticking with the masses on this one.

My personal experience of TUI customer service has been less than satisfactory, since the initial delay in November 2010, right up until the present day. TUI seem to have ignored the fact I have moved house despite them being told numerous times over the phone and on an accompanying letter to their own claim form. Despite this they still sent the 2 year letter to my previous address.

kandm_2

I have also had a 2 year letter, claim dates back to oct 2009. I then complained via the online form with caa and they replied to say that my complaint does fall within the scope of regulation ec261/2004 but as it was a return flight from fuerteventura I need to refer my complaint to Spanish authorities. I have done but don't hold out much hope of a reply. Think letter before action & mcol will be next.