Flight delay and cancellation compensation, Tui/Thomson ONLY

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Comments

  • was delayed on 23rd feb with thomson from tenerife to east midlands for five hours,

    wrote to thomson and have had their standardised reply that athough it was a fault on the plane it wasnt due to maintenece and could not be forseen and so they cant pay out, blah blah, realise the CAA wont help with flights back to uk,

    so i have put a hold on my credit card payment, stating that i didnt get the service i paid for, i did buy more expensive flights for the arrival times due to my 4 year old needing to be at school the following day and got home at 2am the same day, she went to school bless her.....

    so do i use a nwnf company and if so which one, or do i take it to court myself?

    many thanks in advance xxx
  • Hi

    I've wrote to both Thompson and then the CAA regarding our flight delay. CAA replied stating they had referred it back to Thompson, this was back in October 2013. I have just received an email response from them last week basically saying the same thing 'claims need to be brought within two years' this is what they stated in their first letter and now in the email, along with loads of rulings and 'European court of justice' etc so what's the truth please?

    Flight was 14/09/09 flying from gatwick to Kenya and we were delayed nearly 7 hours. I'm willing to go to the small claims courts but would like to know my rights and also the exact ruling allowing me to claim back as far as 2007 or 2005 in some cases

    Thanks
    Rebekah
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    Search for 'Dawson' in this thread and have a good read around the results RebekahLFC
    Posts are not advice and must not be relied upon.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    First Post First Anniversary Combo Breaker
    was delayed on 23rd feb with thomson from tenerife to east midlands for five hours,

    wrote to thomson and have had their standardised reply that athough it was a fault on the plane it wasnt due to maintenece and could not be forseen and so they cant pay out, blah blah, realise the CAA wont help with flights back to uk,

    so i have put a hold on my credit card payment, stating that i didnt get the service i paid for, i did buy more expensive flights for the arrival times due to my 4 year old needing to be at school the following day and got home at 2am the same day, she went to school bless her.....

    so do i use a nwnf company and if so which one, or do i take it to court myself?

    many thanks in advance xxx

    Can you expand on the witholding payment please? I've never yet had a holiday/flight where it hasn't all been paid up front.
    Going DIY or NWNF is up to you. Have a read what's involved and then decide.
    But there's an appeal that will be heard in May so it might be better to wait and then claim again after the ruling. Huzar is the case, - linked in the FAQ's on page one - if you want to familiarise yourself.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    First Post First Anniversary Combo Breaker
    RebekahLFC wrote: »
    Hi

    I've wrote to both Thompson and then the CAA regarding our flight delay. CAA replied stating they had referred it back to Thompson, this was back in October 2013. I have just received an email response from them last week basically saying the same thing 'claims need to be brought within two years' this is what they stated in their first letter and now in the email, along with loads of rulings and 'European court of justice' etc so what's the truth please?

    Flight was 14/09/09 flying from gatwick to Kenya and we were delayed nearly 7 hours. I'm willing to go to the small claims courts but would like to know my rights and also the exact ruling allowing me to claim back as far as 2007 or 2005 in some cases

    Thanks
    Rebekah
    richardw wrote: »
    Search for 'Dawson' in this thread and have a good read around the results RebekahLFC

    For some strange reason, there doesn't appear to be a link in the FAQ's to the Dawson case.
    So here it is:
    http://www.bottonline.co.uk/images/news/Judgment.pdf

    The ruling is the Limitation Act, and that means 6 years is the limit to claim (in England). So on a daily basis, the date that you can go back to, changes. So no claims on flights before March 17th 2008 currently.
    Thomson are currently appealing this ruling, the hearing for that will be in May.
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    First Anniversary First Post
    so i have put a hold on my credit card payment, stating that i didnt get the service i paid for,

    This is very dangerous as it is almost (but not quite) the same as stopping a cheque. Your claim for delay is as yet unsubstantiated and you are thus attempting to set off (presumably using your credit card company) an as yet unsubstantiated claim against a substantiated one. I would think again
    JJ
  • My elderly parents were delayed over 9 1/2 hours flying back from Barbados on February 9th with Thomson. They were given a letter at the airport stating the reason for the delay was operational disruption . Another aircraft had a technical problem and this caused delays within the fleet. I have written to claim compensation under the EU ruling and have received the usual rejection letter from Thomson stating its exceptional circumstances and therefor they don't have to pay. I feel insufficient was done to mitigate a delay happening and wish to take this forward. What is the best course
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    Hi ArchiesMum, Welcome to MSE, that's a long delay and even worse if you're elderly!

    Was that 9th February this year?
    Posts are not advice and must not be relied upon.
  • Mark2spark wrote: »
    Can you expand on the witholding payment please? I've never yet had a holiday/flight where it hasn't all been paid up front.
    Going DIY or NWNF is up to you. Have a read what's involved and then decide.
    But there's an appeal that will be heard in May so it might be better to wait and then claim again after the ruling. Huzar is the case, - linked in the FAQ's on page one - if you want to familiarise yourself.

    Quite simply I called my credit card company and said that the flight was delayed by five hours, so under sales of goods act, they did not provide the service i paid for, the payment is on hold, so i am not paying any interest, however, it depends how the card company argue it with thomson, its quite likley that in two weeks they will say Thonson say it was extraordinary and not refund me, but i am only requesting the return part of my payment, the card company asked me to forward all the paperwork, ie letters sent to thomson and responses etc, so i have done so, will let you know if it works. I do know a friend of mine had her flights cancelled by ryan air, and she wasnt refunded so i had advisered her to contact her card company and she was refunded. so i thought i would try it for a delay, maybe its a test case in itself!
    :A
  • This is very dangerous as it is almost (but not quite) the same as stopping a cheque. Your claim for delay is as yet unsubstantiated and you are thus attempting to set off (presumably using your credit card company) an as yet unsubstantiated claim against a substantiated one. I would think again
    JJ

    How so? I work in retail and we have people making chargebacks all the time, mostly false chargebacks claiming they never recieved goods (proof of delivery provided closes the case) As far as I can see, I have 28 days to report problems with payments on my card, its been fully explained to the card company who accepted my complaint, they were aware that thomson required a 28 day period to reply, hence they have recalled my payment for 30 days - i guess that as a card company provides me credit, and that the goods i paid for where not recieved i have a case, please explain why ir what i should think again, considering i have already done so?
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