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Thomson's reject claim for 2008

I claimed for flight delay from 2008 - delay due to filter found to have passed its expiry date.
Thomson claim that because the EU Regulation 261/2004 doesn't say how long passengers have to claim that the EU Court of Justice says we need to look at our national law which says claims need to be brought within 2 years.
Anyone had similar response from Thomson or have any advice?

Comments

  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    edited 16 August 2013 at 11:00AM
    RBEssex wrote: »
    I claimed for flight delay from 2008 - delay due to filter found to have passed its expiry date.
    Thomson claim that because the EU Regulation 261/2004 doesn't say how long passengers have to claim that the EU Court of Justice says we need to look at our national law which says claims need to be brought within 2 years.
    Anyone had similar response from Thomson or have any advice?

    Yes - put your post on the Thomson thread and you will see your question has been asked 124 times before with 78 answers :)
  • Caz3121
    Caz3121 Posts: 15,850 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    and there is even an entire thread on this very topic
    https://forums.moneysavingexpert.com/discussion/4489367
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    You two have the patience of saints ...
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Vauban wrote: »
    You two have the patience of saints ...

    You should try counting the number of posts :rotfl:
  • pymers
    pymers Posts: 13 Forumite
    hi all
    first can I ask if anyone else has tried to claim from Thomson concerning flight TOM076 from Gatwick to Mombasa on the 25th nov 2011 and if you have what was the response you got from them ?
    well I received my letter back from them I sent them an NBA as I was not satisfied with the response I got from them
    1st letter this is part of the reply I got from them
    -vThomson



    In the case of your flight TOM076. the root cause of the delay was found to be a

    technical defect. in the form of damaged C ducts. which was discovered prior to

    departure. This grounded the aircraft scheduled to operate your flight which led to the


    crew going out of hours. and subsequently required the flight to night-stop. an

    alternative aircraft was sourced to operate your flight which departed the following day

    at the earliest opportunity. since the technical

    defect in question arose outside of routine maintenance checks, and could not have

    been foreseen or prepared for. the delay has been attributed to '"extraordinary circumstances
    I asked them to tell me what checks were made and this is what them replied with

    Thank you for your correspondence following the response you received from us. We

    are sorry to hear that you are unhappy with our recent correspondence about your delayed flight TOM076 to Mombasa


















    Thomson always gives careful consideration to every correspondence received, and we

    are always prepared to consider again if our customers are not satisfied with the

    response given. Following the receipt of your letter, I have attempted to answer your

    queries where possible, but I apologise that I have not been able to disclose in full the

    information you seek.

    To reiterate, the delay you experienced was due to the aircraft scheduled to operate

    your flight being grounded due to a technical defect, in the form of damaged C-ducts.

    Due to the sensitive nature of the information contained within our internal flight

    reports, we are not obliged to disclose information specifically relating to the pre-flight

    checks.

    In response to your second query, it is evident that, in an attempt to minimise the

    delay, initially spares were sourced in order to rectify the defect. Following this, an

    alternative aircraft was sourced to operate your flight, in a further attempt to minimise

    the delay. Your flight was then operated once the crew had taken minimum rest. Where

    possible, efforts will be made to source a standby crew, but in cases where unforeseen

    issues arise, it is not always possible to facilitate this immediately, given the

    unanticipated nature of the circumstances.

    Once again, I would like to offer our sincere apologies for the disruption caused. I

    appreciate this must have been a disappointing start to your holiday. Thomson cares a





    I'm sorry
    you feel that this is not the case. I know that this is not the outcome you were hoping

    for and if you remain unhappy with the outcome, you may consult a third party at your

    discretion.

    Thank you again for your correspondence.

    Yours sincerely,






    Chivonne Koranteng

    Flight Claims Advisor

    After Travel Customer Support


    08448711774
    sorry the way this letter has gone on the forum but had to scan it
    so next step is court what do you think
    I have never had to deal with a court before and it is a bit daunting as checked on here and you have to do a defence statement and I would not know how to go about starting that
    any advise would be appreciated
    thank you






    Registered Office: TUI Travel House. Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL






  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    pymers - should be on Thomson post but you state you sent a NBA letter. Why did you send letter if you did not mean it? Anyway you now have to decide whether you want to front case yourself or Passover to a no win no fee firm or you could walk away.
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