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Compensation for delayed flights Discussion Area

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  • Thanks JimTracy,

    I will write to them again however the first letter did mention 261/2004 and warn them that i may seek court acion and it was also sent registered post and I did take a copy of the POD from the royan mail website so I know it has been delivered.

    Thanks,
    Steve
  • Caz3121
    Caz3121 Posts: 15,840 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    steveo1967 wrote: »
    Thanks JimTracy,

    I will write to them again however the first letter did mention 261/2004 and warn them that i may seek court acion and it was also sent registered post and I did take a copy of the POD from the royan mail website so I know it has been delivered.

    Thanks,
    Steve

    Are you claiming for reimbursement of expenses incurred, eg hotel accommodation, food?
    or is it for the fixed compensation payment outlined by 261/2004

    If the latter, you may need to have a look for 'Sturgeon' case as there is still a delay on the court case and the outcome, whether in favour of airlines or passengers is due in the Autumn this year so you may want to reword your letter to make it clear that you will be claiming compensation following the outcome of the Sturgeon case

    If the former, irrespective of the Sturgeon case they should reimburse you as this is services they should have provided, just make sure you mention 'reimbursement' rather than 'compensation'
  • Hi Caz3121

    I am claiming the fixed compensation outlined in 261/2004. Thomson did provide 'welfare'

    I had heard of the 'Sturgeon' case and am aware that is due before the courts in the autumn ... but i dont think this is an excuse for Thomson to simply ignore the letter and provide no response.
  • delvey
    delvey Posts: 175 Forumite
    steveo1967 wrote: »
    Hi Caz3121

    I am claiming the fixed compensation outlined in 261/2004. Thomson did provide 'welfare'

    I had heard of the 'Sturgeon' case and am aware that is due before the courts in the autumn ... but i dont think this is an excuse for Thomson to simply ignore the letter and provide no response.

    Thomson are very good at doing this, so do not worry
    They probably have not replied as the 261/2004 currently does not stand (unless you are in Scotland, complicated)
    I would re-write them a letter stating that once the ruling is confirmed, that you will be seeking compensation, and possible legal action.
    Also write to them that if they are going to claim that it was due to 'extraordinary circumstances' due to a 'technical' fault, that they send you written proof, and any such responses between yourself and them may be used in court
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    steveo1967 wrote: »
    ...the 'Sturgeon' case ........i dont think this is an excuse for Thomson to simply ignore the letter and provide no response.

    No prizes for guessing who started the appeal to the Sturgeon Judgement...

    Yep, it's TUI who own Thomson, so don't expect a response.
    Posts are not advice and must not be relied upon.
  • Cheers guys,

    I have written another letter ... maybe I should charge them for sending letters like a bank does ... after all its taken up another couple of hours of my time.

    To be honest I think its quite rude and very poor business practise to not even aknowledge a letter that someone has taken the time to write them.

    Rant over !
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    I'd prepare yourself for more steveo1967, the airlines detest this regulation and the Sturgeon Judgement, which is why they appealed against it.

    Even if it goes the passengers way, they'll still use their full force to put you off getting compensation. You're probably already put off flying Thomson, so repeat business is unlikely which is why they want to not pay out.

    Time to lower your expectations of a quick and nice result in your favour.
    Posts are not advice and must not be relied upon.
  • Another question ... I have not claimed anything on my travel insurance as I did not want the airline to say that because I had claimed that any compensation claim would be void as I had been paid out by the insurance ... I can only claim about £15 per person I think so in total £60 ... so my question is should I bother ? and if I do am I going to compromise my claim for compensation from the airline ?

    Thanks
  • disney_cjd
    disney_cjd Posts: 1,249 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Interesting the credit card company rejected out s75 claim following our BA delay of over 4 hours to Tampa....

    Seems all airlines and even the credit card companies now covered in teflon
    Self confessed Florida expert :) with over 320 trips there!
    Co host of the Disneybrit and Eye on Orlando Podcasts
    and Craig Duncan Soul Show on Orlando Sky Radio :)

  • Hi there

    My Thomas Cook flight from Menorca to Gatwick had to land at Paris due to an "unforeseen operationally significant defect which required rectification prior to further flight". Basically - the pilot advised us that a valve had stopped working and needed replacing and that we were unsafe to land at Gatwick. We had to stay overnight at a nearby hotel while engineers were flown out to fix the plane.

    My question is (and I hope this isn't a repetition of an earlier post!) as the flight wasn't delayed prior to take off, but was still about 24hrs late in getting me home, am I still eligible (subject to the judgement in the Autumn) for compensation? This may well be a dumb question, but the information I've seen on here seems to relate to cancellations and delays prior to boarding, rather than an unscheduled landing and delay "mid flight" as it were.

    Any help would be greatly appreciated!

    Thanks!
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