Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban · 12 April 2014 at 10:27PM

My bundle was considerably thicker than 111KAB's, however

Yes. I fear copies of everything that you reference in your "argument" is required.

I posted a list of the docs that comprised my bundle a month or two ago. In the Court Success thread too.

Moneyedout · 13 April 2014 at 12:59AM

Thanks for the replies. Will start the photocopying tomorrow.

LULU5779 · 14 April 2014 at 9:15AM

Hi all,

My claim against Thomson was heard in September 2013. I won on the EC but the second part 2 year rule was stayed pending the Dawson appeal. I then received the following letter from the court:

“Upon hearing the claimant in person, hearing counsel for the defendant

Upon the court having determined that the claimant is entitled to compensation under arcticle 5.3 save for the outstanding issue of the applicable limitation period in such case.

IT IS ORDERED THAT

1. The claim be stayed until 14 days after determination of the defendants appeal to the court of Appeal no. B2/2013/2478

2. Permission to either parties to lift the stay after expiry of 14 days referred to in paragraph 1 above

3. Costs Reserved.”

My questions are:

1. What do I have to do?
2. Do I get my costs back?
3. Do I get interest?
4. Can I just phone Thomson and request they pay my claim value plus interest to date and costs?

jason14020 · 14 April 2014 at 4:21PM

hi i complained to Thomson on 18th January regarding a flight from Bulgaria to Gatwick on 27th December 2008for a flight that arrived 3 hours 45 mins late due to the inbound flight being broken down at gatwick and waiting for a part to come from luton before it can depart for bulgaria.
Thomson replied on 7th February stating they could only process claims up to 2 years old(as expected).
on the 17th February i wrote to relevant bulrgarian agency with completed forms copy of letters etc but have heard nothing back.
has anyone done this or have any idea how long it should take
Do you think its worth waiting to see the outcome of the dawson appeal and if i still hear nothing and the outcome is in my favour just try myself with Thomson again.
many thanks look forward to hearing youre responce

Vauban · 14 April 2014 at 4:44PM

jason14020 wrote: »

hi i complained to Thomson on 18th January regarding a flight from Bulgaria to Gatwick on 27th December 2008for a flight that arrived 3 hours 45 mins late due to the inbound flight being broken down at gatwick and waiting for a part to come from luton before it can depart for bulgaria.
Thomson replied on 7th February stating they could only process claims up to 2 years old(as expected).
on the 17th February i wrote to relevant bulrgarian agency with completed forms copy of letters etc but have heard nothing back.
has anyone done this or have any idea how long it should take
Do you think its worth waiting to see the outcome of the dawson appeal and if i still hear nothing and the outcome is in my favour just try myself with Thomson again.
many thanks look forward to hearing youre responce

I think it's unlikely that you'll hear from the Bulgarians - and they cannot opine on a matter of UK law in any case (which is what the two/six year thing is).

You're therefore right to wait for Dawson, which will be heard in May with judgement a month or two thereafter I imagine. If Dawson is upheld, perhaps the airline will throw in the towel? But probably not.

Just be aware that you will have to start court action before December is passed, otherwise you will be beyond the six year point deadline for taking legal action.

jason14020 · 15 April 2014 at 12:51PM

ok thanks for you're help.about what i thought will wait and see the outcome of dawson case and keep you informed.thanks again

ncgreyfriars · 15 April 2014 at 3:57PM

Good afternoon

Can anybody help me

I have just returned from Egypt when my outgoing flight was delayed by 4 hours 28 March 14 Lgw to Hurgarda Tom810

We were told on the plane by the pilot that there was a problem with the electrical govenor which i beleive switches from 1 wiring loom to a second wiring loom

The system was rebooted several times and various parts were tried before they decided they needed a complete new box which wasnt at gatwick but was in stores at Luton

therefore we had to disembark whilst they awaited for a replacement plane to arrive as they thought this would be quicker that waiting for a part from luton

i therefore submitted my claim for travel delay to Thompson who have said that this is not an incident that is relevant for compensation.

My feeling is that it is but would appreciate what other forum members feel

many thanks in advance and appreciate any comments that you may have

Caz3121 · 15 April 2014 at 4:17PM

start here http://forums.moneysavingexpert.com/showthread.php?t=4896454
if required you can continue to post on the Thomson thread

111KAB · 15 April 2014 at 4:18PM

ncgreyfriars - please post on Thomson thread which after reading FAQ's on page one you will realise (given the facts you have presented) that you have a vaid claim.

bigmama1 · 15 April 2014 at 9:04PM

Thomson defence recently filed with court.
They have quoted the dates wrong outbound and inbound!
The usual 2 year rule, weather (snow), Spanish Air Traffic controllers industrial action and planes being stuck at different locations and a chartered airplane. Therefore Extraordinary circumstances.
We were unaware that they had chartered a plane from Thomas Cook as Thomson planes were stuck everywhere!
This made everything much clearer as after my husband and I had been waiting for hours with the information screens showing "Delayed" for our flight, we were informed that we were finally boarding. So off to the boarding lounge we went, gave our luggage over and sat waiting to board the plane which we could see from the window.
After about an hour we heard an announcement asking all passengers on our flight to go to the arrivals area and collect their luggage!
Eventually we were handed a printout stating that the plane had technical problems and to go home and return the next day. We weren't told that it was a chartered plane.
Now Thomson are citing Extraordinary circumstances outside their control. I gather they mean it was due to the chartered flight?
They also state it was a reactionary delay following adverse weather conditions across UK. This was 4th December 2010.
I have read so much on this forum but I do not remember reading about a similar situation? Sorry this post is so long! We are determined to go to court but must admit we are beginning to panic now!
Thank you for any advice you can give 2 OAP's.

Flight delay and cancellation compensation, Tui/Thomson ONLY

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