Flight delay and cancellation compensation, Tui/Thomson ONLY

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  • David_e
    David_e Posts: 1,498 Forumite
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    phritchie wrote: »
    It was enough to convince the judge that the 2 year rule was under dispute, and a hearing on the issue was needed.

    Might be worth getting specific and referencing the Dawson case (details from a post by Roywad):

    Appeal to the Court of Appeal in Case no 2QZ57244, James Dawson and Thomson Airways, to be heard on 12 – 14 May 2014.
  • doublechris
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    Thanks so much for your advice. I phoned the court who were extremely unhelpful. They said the judge has made his decision so there's nothing I could do about it.Asked about getting the order set aside she said it's up to you but implied I was wasting my time ( and hers by the sound of her very disinterested voice !! ) I've downloaded N244 form and will attempt to do it anyway. Not too optimistic, I seem to be dealing with the most inept court in the country. Am sorely tempted by no win no fee at the moment.
    Thanks to you all again, I really appreciate it.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
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    CobyBenson wrote: »

    With regards the bad weather, this was presumably on a previous flight. In my opinion bad weather on a previous flight is not extraordinary, however this argument isn't always successful at Court.


    Really? That's interesting, as the 261 Regulation is quite specific that meteorological conditions are only EC when applied to the flight concerned?
    How does a judge explain deviating from the Regulation wording on this please?
  • JPears
    JPears Posts: 5,086 Forumite
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    Thanks so much for your advice. I phoned the court who were extremely unhelpful. They said the judge has made his decision so there's nothing I could do about it.Asked about getting the order set aside she said it's up to you but implied I was wasting my time ( and hers by the sound of her very disinterested voice !! ) I've downloaded N244 form and will attempt to do it anyway. Not too optimistic, I seem to be dealing with the most inept court in the country. Am sorely tempted by no win no fee at the moment.
    Thanks to you all again, I really appreciate it.
    Court officials are not allowed and shouldn't give their opinion only advice with the administration.
    Of course you can apply to set aside and presumably you can apply for re-imbursement of the court fee if successful, eventually?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • bigmama1
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    Den_ram wrote: »
    Very quick question... Is thomsons still sticking by this 2 year nonsense. I had a delay in 2010 of 24 hours!!!

    We were delayed 24 hrs on 4th Dec. 2010. We were also delayed 24 hrs on our return flight. Ignore the 2 yr nonsense and send your Notice before Action to Thomson. We have sent our NBA letter which wasn't replied to within 14 days. Have now put our claim in via the local county court. It's taking a few weeks as there was a problem on the form we completed. It was returned by the court as we had asked for compensation in euros and they wanted it in sterling as well! What a waste of time! So we are now back where we started 4 weeks ago. We also expect our claim to be "stayed" subject to an appeal they have requested. We are determined though and will eventually get to court. Get your NBA letter to Thomson immediately. Good luck.
  • samshltn
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    I've just had made a successful claim against TUI.

    This is my first post, and I'd like to share my success so others can see how I went about it. I want to post all the documents that went back and forth so you can all see what's involved and hopefully benefit from it. Can anyone help me to post those documents please? At the moment I have them all scanned and stored in Google Drive.

    Would anyone like to see them?

    Sam.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    samshltn wrote: »
    I've just had made a successful claim against TUI.

    This is my first post, and I'd like to share my success so others can see how I went about it. I want to post all the documents that went back and forth so you can all see what's involved and hopefully benefit from it. Can anyone help me to post those documents please? At the moment I have them all scanned and stored in Google Drive.

    Would anyone like to see them?

    Sam.

    Well done Sam - would be useful in the first instance if you could give a bit more background, including the flight affected, the circumstances around the delay, and whether you ended up going to court.
  • samshltn
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    In fact, I think I've just worked it out!

    The flight was delayed by three hours and sixteen minute. We were told that the reason was due to a 'technical fault'.

    The rest of the story is best explained by a document I have shared publicly, but am not able to post a link to because I'm a new user. If I send a private message to you, please can you post it as a reply to this message?

    I hope somebody finds this in some way useful.

    Sam.
  • Vauban
    Vauban Posts: 4,736 Forumite
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    samshltn wrote: »
    In fact, I think I've just worked it out!

    The flight was delayed by three hours and sixteen minute. We were told that the reason was due to a 'technical fault'.

    The rest of the story is best explained by a document I have shared publicly, but am not able to post a link to because I'm a new user. If I send a private message to you, please can you post it as a reply to this message?

    I hope somebody finds this in some way useful.

    Sam.

    I think this is an excellent resource Sam, and I am very happy to post up the link, which is here: http://goo.gl/X8pGRt.

    I must say hats off to District Judge Taylor - his order of the 20th January asks exactly the right questions, and the fact that the airline were not actually prepared to answer them tells you everything you need to know!

    Well done for having the tenacity to see this through. Textbook stuff! :beer:
  • Constantly being fobbed off by Thomson. Had a flight diverted and delayed in August 2007 for a party of 10 people, 3 of whom were children. Left Faro 4 hours late then had to go to Lisbon to pick up more passengers because of a cancelled flight and then were flown to Manchester instead of Coventry leaving us over five and a half hours late and then had to wait for a coach to Coventry. Have contacted Thomson twice now but they just keep quoting the Montreal Convention! Have now complained to the Regulator in Portugal so we'll see what their response is. Anyone else having this problem? Stephanie:cool:
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