Flight delay and cancellation compensation, Tui/Thomson ONLY

spaceaarvark · 15 February 2013 at 11:18PM

matt2baker wrote: »

I've just read 'all' the posts on this Thomson forum thread. I have two claims for myself and my wife, June 2010 to Cape Verde (3.5hr arrival delay), and March 2011 to Mexico, (same delay). To save wasting my own time and allowing Thomson to use a delay tactic, should I send my letters (as per template) initially, or request that Thomson send me a form to fill-in. It seems that all letters generate a reply from Thomson to fill out a form.......

Thanks in advance

My opinion:
Use a modified form of the template letter (if nothing else it means that you gather together all the relevant information and stick it in one place), but instead of the "I'll give you 14 days to reply" bit, ask them to send you the relevant claim form.

Send your letter to the EU Delay Claims address as it post #48 of this forum.

A_Flock_Of_Sheep · 16 February 2013 at 12:29AM

Hi! I wanted to say that my Nephew called Thomson regarding a delay of over three hours on a flight back form scandinavia in 2008. It was actually First Choice Airways but Thomson are dealing with claims for them abd were very helpful. He called 0844 871 0882 and got through to a very helpful operator and although he no longer has any booking reference they can apparently find all his details. They are sending a form for him to fill in and they said it takes up to 6 weeks to process the claim and give a result. The flight was delayed to a fault with the emergency exit. I am half expecting this to be "Extraordinary Circumstances".

Mark2spark · 16 February 2013 at 1:45AM

Jez_Taylor wrote: »

I'm after a bit of help. I was delayed by 20hrs last summer with Thomson. I have issued them a county court order as they refused to pay and although the plane broke down, they are saying that this was 'exceptional circumstance'. I have just had their defence statement and are querying my case. I listed the defendants in the court paperwork as 'Thomson Holidays' as it was them I booked with. We flew on a Thomson plane (when it worked) but they are saying that the air carrier was 'Thomson Airways' and therefore I have served the paperwork against the wrong company. This seems a bit pedantic to me especially when the legal sec that sent the response to the court worked for TUI who is the umbrella company. Has anyone had any similar experience or suggestions as to what I should do. I have no idea if I change the name of the company if I have to start back at square one with the court proceedings?
Any help would be appreciated

IMO you need to contact the court and ask what way to go. The Court allows for typos. But it is correct to say that the claim is against the airline used, and not the holiday company.

thegoldsmiths · 16 February 2013 at 10:46AM

Jez_Taylor wrote: »

I'm after a bit of help. I was delayed by 20hrs last summer with Thomson. I have issued them a county court order as they refused to pay and although the plane broke down, they are saying that this was 'exceptional circumstance'. I have just had their defence statement and are querying my case. I listed the defendants in the court paperwork as 'Thomson Holidays' as it was them I booked with. We flew on a Thomson plane (when it worked) but they are saying that the air carrier was 'Thomson Airways' and therefore I have served the paperwork against the wrong company. This seems a bit pedantic to me especially when the legal sec that sent the response to the court worked for TUI who is the umbrella company. Has anyone had any similar experience or suggestions as to what I should do. I have no idea if I change the name of the company if I have to start back at square one with the court proceedings?
Any help would be appreciated

Hi, you need to see post #57. They had the same problem. If you message her she will email you the documentation her husband drafted in response to the company name problem. I got emailed a copy and it very useful. Hope this helps.

Lozza123 · 16 February 2013 at 6:21PM

I first contacted Thomson at beg of November last year. I completed the claim forms and sent them by recorded delivery, these were signed for on 17th dec. I was informed that they aim to resolve within 8 weeks and they have not. It was 8 weeks on the 11th of this month and I telephoned them yet again. Still no joy was fobbed off yet again. What do you advise that I do now. My flight was from Tunisia last year over 5hours delay and we were told that our plane had gone to Greece to pick up passengers from there. I have told them on the telephone that I intend to take further action but as its just a telephone operator that takes your call they don't seem to care.

111KAB · 16 February 2013 at 6:28PM

Lozza123 wrote: »

I first contacted Thomson at beg of November last year. I completed the claim forms and sent them by recorded delivery, these were signed for on 17th dec. I was informed that they aim to resolve within 8 weeks and they have not. It was 8 weeks on the 11th of this month and I telephoned them yet again. Still no joy was fobbed off yet again. What do you advise that I do now. My flight was from Tunisia last year over 5hours delay and we were told that our plane had gone to Greece to pick up passengers from there. I have told them on the telephone that I intend to take further action but as its just a telephone operator that takes your call they don't seem to care.

Well your situation looks clear cut therefore I would write LBA action letter (see FAQ's) giving them say 14 days to respond. If they don't you then have the choice of completing and submitting court claim yourself or using a no win/no fee firm but if they 'win' you will lose around 25% of your payment.

A_Flock_Of_Sheep · 17 February 2013 at 1:05PM

Hi!

Would a fault with an Emergency Exit needing a repair causing a delay to the aircraft at a prior airport then causing a knock on effect of delay be classed as "Extraordinary Circumstances".

To be fair these ECs should be on an exhaustive list because it just simply seems to allow the airlines to stall and mess people around making things drift on and on for months.

Mark2spark · 17 February 2013 at 2:14PM

A_Flock_Of_Sheep wrote: »

Hi!

Would a fault with an Emergency Exit needing a repair causing a delay to the aircraft at a prior airport then causing a knock on effect of delay be classed as "Extraordinary Circumstances".

To be fair these ECs should be on an exhaustive list because it just simply seems to allow the airlines to stall and mess people around making things drift on and on for months.

See the Wallentin-Hermann judgement (linked in the FAQ's), and also the Finnair judgement, also in the FAQ's thread @ post #8, and let us know how you interpret them.

A_Flock_Of_Sheep · 17 February 2013 at 2:26PM

Mark2spark wrote: »

See the Wallentin-Hermann judgement (linked in the FAQ's), and also the Finnair judgement, also in the FAQ's thread @ post #8, and let us know how you interpret them.

Hi! I take it as no it isn't EC! So basically the plane develops a fault at Palma the fault is fixed making its trip to gatwick delayed. Arrives gatwick late due to fault. Is turned around and loaded for outward trip to Finland. Arrives Finland late and dumps off outbound passengers. Is turned around and picks up passengers bound for gatwick and leaves over three hours late. Reading you FAQs big looks like it isn't ECs

Mark2spark · 17 February 2013 at 2:34PM

EC has to relate to the flight concerned. Not the previous flight. And certainly not the flight before that! How far back can they go? They're won't be any EC's at all if 'count back' applies. :undecided

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Flight delay and cancellation compensation, Tui/Thomson ONLY

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