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Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • bigstevex
    bigstevex Posts: 913 Forumite
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    Hi All, After a bit of help! Would I be right in saying for First Choice I claim from Thomson? We had 12+hrs delays in 2008 coming home from dominican republic to manchester but we can't find any details/booking references, not sure where to start as I can't even find a thread for First Choice on here :(
  • DTDfanBoy
    DTDfanBoy Posts: 1,704 Forumite
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    It probably depends when in 2008 you flew, First Choice used to have their own airline which joined with Thomsonfly to become Thomson Airways
  • bigstevex
    bigstevex Posts: 913 Forumite
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    DTDfanBoy wrote: »
    It probably depends when in 2008 you flew, First Choice used to have their own airline which joined with Thomsonfly to become Thomson Airways

    It was a First Choice branded plane, also just found the dates we flew but can't find a booking reference? I presume from what I read I use a SAR to get this?
  • Vauban
    Vauban Posts: 4,736 Forumite
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    andytricks wrote: »

    basically the main point will be me arguing that this does not qualify as an exceptional circumstance and that a fault with the aircraft should surely be their responsibilty.

    ive just been looking through the posts here and saw that quite a large number have won their cases. has anyone on here lost a case where the airline argue that a fault with their plane was an exceptional circumstance?

    I hope your argument is a bit more sophisticated than that. You ask whether anyone has ever lost in contending that a fault with the aircraft is not extraordinary - er yes.

    Have you pulled together a skeleton argument and bundle of documents for the court? What do they say?
  • richardw
    richardw Posts: 19,458 Forumite
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    Thomson are responsible for FCA passengers, so have a good read of the Thomson thread.
    Posts are not advice and must not be relied upon.
  • andytricks
    andytricks Posts: 11 Forumite
    edited 14 October 2013 at 10:50AM
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    Vauban wrote: »
    I hope your argument is a bit more sophisticated than that. You ask whether anyone has ever lost in contending that a fault with the aircraft is not extraordinary - er yes.

    Have you pulled together a skeleton argument and bundle of documents for the court? What do they say?

    yes, lol, my argument does go into more depth than that, but that is the main point that they are contending.
  • 111KAB
    111KAB Posts: 3,645 Forumite
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    andytricks wrote: »
    yes, lol, my argument does go into more depth than that, but that is the main point that they are contending.

    Well suggest you start from the beginning as it is doubtful the airline are quoting an exceptional circumstance as the 'normal' wording is extraordinary circumstance and the Judge in my case picked up on this. It is important you know and understand all the regs etc and as Prof Vauban says on numerous occasions Wallentin is your friend.
  • lolly81
    lolly81 Posts: 7 Forumite
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    I've received Thomson's defence to my claim. Usual stuff - was I on the flight, 2 year limit on claims and EC.

    The EC they are claiming were that the aircraft intended to operate my flight experienced a fault with its 'braking system' on the flight prior to mine. It's implied (although not stated) that a replacement plane was therefore sourced. No other details about the nature of the fault to the original plane. This is the first I've heard of this fault in nearly a year of correspondence with Thomson.

    I've read through lots of these posts and can't find anyone with the same EC. Any suggestions for where to go for information about brake faults, how common they are, checks that should be carried out etc? Do I have to just take Thomson's word for it that this even happened, or can I request evidence somehow?

    My worry is that the judge will just see the seriousness of the term 'brake fault' and consider my claim unreasonable. Any thoughts welcome..
  • sue1611
    sue1611 Posts: 3 Newbie
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    I am compiling my court bundle but I would appreciate some advice regarding how much detail to include in it. I am using EU261/2004, More, Wallentin, Sturgeon and Eglitis to argue against a delay in 2010 due to a knock on effect from previous flights. Do I need to respond to each point of Thomsons defence in my witness statement or can this be left to the hearing. Any advice please.
  • JPears
    JPears Posts: 5,087 Forumite
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    sue1611 wrote: »
    I am compiling my court bundle but I would appreciate some advice regarding how much detail to include in it. I am using EU261/2004, More, Wallentin, Sturgeon and Eglitis to argue against a delay in 2010 due to a knock on effect from previous flights. Do I need to respond to each point of Thomsons defence in my witness statement or can this be left to the hearing. Any advice please.
    You need to include a full copy each of the cases you mention above.
    In my opinion, yes a response to each point in the defence, as a skeletn arguement then expand on the day in court.
    If you're new. read The FAQ and Vauban's Guide

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