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  • steve1500
    Well, I've heard back from the court and a SECOND District Judge has now ordered that 'an application is necessary to join other parties' and I have to complete form N244 and send them another 80. So annoying. It seems different judges see things differently and another judge may have just accepted my original claim. I think TC mention this in their defence because they know there is ambiguity and that it will possibly deter claimants - well not this one! Application and cheque already in post (despite being annoyed at the nuisance of it all)!
    Originally posted by VOB72

    As previously mentioned I have a claim in for 1200 euros & TC saying only self can claim etc

    My question is can you amend the claim down to 400 euros with just myself claiming?

    Obviously if I win, the other 800 euros is a doddle
    Private Parking Tickets is my way of telling the wife to use her car and not mine
  • Star9272
    Grazzzz - have you every been told what your technical reason was. Despite asking TC numerous times for details, they just kept replying that it was a technical fault and wouldn't give me any specifics. Last email from them said that the engineer's report was just a list of codes and they weren't trained to decipher them. I fail to understand why, if they are that certain that the fault was an extraordinary one, they just wouldn't tell me what it was. I am hoping they are just stalling to avoid paying out!
    Originally posted by Mickeymoos
    Same here
  • Mickeymoos
    Same here
    Originally posted by Star9272
    My last email to them stated that my friend's husband was an airline pilot and that if they wanted to send me the list of codes, I am sure he would decipher them for me. Not surprisingly, they ignored the email!
  • VOB72
    As previously mentioned I have a claim in for 1200 euros & TC saying only self can claim etc

    My question is can you amend the claim down to 400 euros with just myself claiming?

    Obviously if I win, the other 800 euros is a doddle
    Originally posted by steve1500
    I think any amendment to the claim incurs a fee, so may as well just add the other names and have it all dealt with in one fell swoop rather than pay to amend it to 400 euros and then go through the rigmarole of it again from the start for the others? But ring the local court to check - they may accept it as it is as they there seems to be no hard and fast rule; or at least they can advise on what fees if any they would charge to amend to a single claim....
  • Vauban
    I think any amendment to the claim incurs a fee, so may as well just add the other names and have it all dealt with in one fell swoop rather than pay to amend it to 400 euros and then go through the rigmarole of it again from the start for the others? But ring the local court to check - they may accept it as it is as they there seems to be no hard and fast rule; or at least they can advise on what fees if any they would charge to amend to a single claim....
    Originally posted by VOB72
    To a large extent, it's a moot point: how can the airline refuse an application for a further payout if they are defeated in court? It would be madness - or "unreasonable behaviour", as I believe it is more properly called.
  • tigertrumps2
    To a large extent, it's a moot point: how can the airline refuse an application for a further payout if they are defeated in court? It would be madness - or "unreasonable behaviour", as I believe it is more properly called.
    Originally posted by Vauban
    Cheers for that Vauban and VOB72 i am doing my 2nd claim against against these losers tonight for an 18 hour delay back from Cuba last January, gone through the normal procedure but no payout because of EC's, MOT's !!!!!!!!, !!!!!!!! !!!!!! Will claim for myself which will be cheaper, they will not be able to use it in their defence, and then hopefully when i win i will claim for my wife's payout. Maybe should list it on the FAQ's for guidance that would be a big loss for Thomas CROOK
  • bafty crastard
    I came across a TC customer service forum and asked a live help agent and within 3 hours had a phone call and the money is on its way to my bank account !
    For anyone else on this flight it was from Kos to Manchester on 24/7/10.
    Flight no TCX164 Due takeoff at 21.55 but delayed until aprox 4.00am on 25.7.10. We flew back on MINT airways as a replacement for our plane.
    I can recall we had about 10 Everton ladies football team on out flight and they kept us entertained.
    Originally posted by DebDeb62
    I was on that flight too, still waiting to hear back from Thomas Cook though
  • Star9272
    Grazzzz - have you every been told what your technical reason was. Despite asking TC numerous times for details, they just kept replying that it was a technical fault and wouldn't give me any specifics. Last email from them said that the engineer's report was just a list of codes and they weren't trained to decipher them. I fail to understand why, if they are that certain that the fault was an extraordinary one, they just wouldn't tell me what it was. I am hoping they are just stalling to avoid paying out!
    Originally posted by Mickeymoos
    Look up the phrase 'my grandfathers axe'
    It's the airlines responsibility to get you to your destination on time & maintain the aircraft in such a way that it does it's job surely?
    It's very easy to get bogged down with tech details.
  • superowls
    Well, I've heard back from the court and a SECOND District Judge has now ordered that 'an application is necessary to join other parties' and I have to complete form N244 and send them another 80. So annoying. It seems different judges see things differently and another judge may have just accepted my original claim. I think TC mention this in their defence because they know there is ambiguity and that it will possibly deter claimants - well not this one! Application and cheque already in post (despite being annoyed at the nuisance of it all)!
    Originally posted by VOB72
    VOB72, could i ask what you put in your N244, i too have to amend the claimants on the case.
  • rb211
    I received the usual first reply from TC stating technical difficulties that were exceptional, so please go away.

    The funny thing is my claim is because they flew us to Dalaman then bussed us on a 5 hour coach drive to Antalya.

    The plane actually set off on time from Manchester and arrived in Turkey without any technical faults that prevented us arriving safely there.

    So if what they are telling me is correct, has anybody got any idea what technical problems could have caused them to send us to another airport?

    Thanks
  • VOB72
    VOB72, could i ask what you put in your N244, i too have to amend the claimants on the case.
    Originally posted by superowls
    Superowls - I just referred to the judges direction that I was applying to join other parties and stated the other parties names.
  • ian1964
    Firstly I want to say thank you for doing a seperate forum for the Thomas cook as its easier to read through!

    My complaint about Tomas cook

    7 of us went to Benidorm on 29th September 2012 for 1 week flying from Manchester terminal 1.
    Flight number TCX2312 was due at 6.45am.
    Checked in, got told there's an airport delay till 9.20am.
    Boarded the plane around 9.10am, took off and got so high to be told we need to land back at Manchester due to a technical fault, the pilot had the oxygen mask on saying he can smell oil/fuel through the oxygen mask. Had to have an emergency landing, got told engineers need to come and take a look, 30 mins later got told we have to get off the plane into the departure lounge where we would be given 8 meal vouchers each and there's another plane to take off at 1.40pm.

    During this time they did not give me my baby's pushchair back and she was very tired so we had to carry her everywhere.

    We finally took off again at 2.04pm (according to flight stats)
    We was 7 hours and 19 mins delayed.

    When I got home on 6th October 2012, I decided to write to Thomas cook, as I just posted the letter off I realised that I was entitled to claim compensation.
    I did my research and found out that its 1670 km to Alicante from Manchester. We was over 3 hours delayed so we should be entitle to 320 (400 each) there was 4 adults and 2 children and an infant in the party.


    This is what I have done so far!

    5 Oct - Got a letter when on the transfer coach to Alicante airport saying the reason why we had the delay they say 'due to an unforeseen operationally significant defect which required rectification prior to further flight'

    10 Oct - Once home and unpacked I wrote my first letter to Thomas Cook.

    5 Nov - Letter from Thomas Cook saying they are reviewing the case and we will get back to you shortly.

    13 Nov - Letter from Thomas Cook giving me a letter of apology. So I wasn't happy with this.

    27 Nov - I used the Template letter from the MSE to write back to the airline saying I will give them 14 days to reply or I will start court proceedings. I also photo copied all the paperwork they needed and sent with the letter.

    30 Nov - A letter of acknowledgement receipt of further communication. Give us 28 days to reply.

    5 Dec - Used the Template letter in MSE to email the CAA. Followed with all paperwork.

    16 Dec - Email reply from CAA saying they have been in touch with Thomas Cook and they are saying 'extraordinary Circumstances' but we will write to them again for a second opinion. If they say the same then there is nothing we can do to help you. This could take months rather then weeks.

    29 Dec - Emailed Thomas Cook as the 28 days was up.

    6 Jan 13 - Email back from Thomas Cook Customer Relations Department, saying that they are still reviewing the case and contacting other company's and I should be hearing from them shortly

    As of today 12/1/13 I am still waiting. I am not building my hopes up on this. If I am honest I would be happy with Holiday Vouchers as this is what I paid half of the holiday with because I have a disabled son so the vouchers came from 'Family Fund'
    This was a first time fly for me and my 3 children.
    Yes I would fly with Thomas Cook again.

    If I hear anything else from either the CAA or Thomas Cook then I will update.
    Originally posted by staylor1982
    has there been any update with this post ,as i have started court action regarding this flight. any help will be grateful
  • superowls
    Superowls - I just referred to the judges direction that I was applying to join other parties and stated the other parties names.
    Originally posted by VOB72
    VOB72 thanks for this - where did you find the court costs associated with this, just want to confirm that 80 would be the correct amount for me to pay. I am adding 3 other claimants.
  • VOB72
    VOB72 thanks for this - where did you find the court costs associated with this, just want to confirm that 80 would be the correct amount for me to pay. I am adding 3 other claimants.
    Originally posted by superowls
    The judge stated it in the directions. I called the court to clarify if that was per person or for the 3 additions and I was told it was for the latter. All nonsense and unnecessary in my opinion but if the judge says, then it goes!
  • ceecee1
    Hi, just wanted to report a success for a flight from Manchester to Dalaman on 26th August when there was an 11 hour delay.

    I saw on here that someone had been successful so I emailed them and said that as they had already made a decision on my flight that I would be grateful for a response straight away.

    Vouchers received (and refused) today. Just over 3 weeks so far.

    Good Luck to everyone battling on.
  • MrPsych
    I am writing to you in connection with flight no TCX6107 which I was booked onto on 17th August 2013 which was scheduled to depart Fuerteventura at 12:40 and arrive at Newcastle at 17:00; the passengers in the party were...
    The plane developed a technical fault on it’s first final approach to Newcastle airport and the pilot elected to take the relatively rare decision to go around. At some point during the second final approach the pilot elected to again discontinue the landing and divert the flight via Manchester airport.
    Upon eventually landing at Manchester at 18:00 all of the passengers were forced to remain within the plane until after 20:00 when the pilot finally decided that the plane was not in a serviceable condition to fly us back to Newcastle.
    Upon eventually being allowed off the plane and following a further delay in having our baggage returned we were informed that there would be no information available regarding onward transportation until 22:00. We were however provided with a 5 food voucher each which did not cover the cost of any of the available meals in the airport; this was some 8 hours since we last ate.
    Finally an announcement was made that a bus had arrived to take 50 of the 270 passengers back to Newcastle, this was instantaneously followed by a stampede not unlike the Pamplona bull run. Eventually we were herded onto a bus for a 3 hour road journey back to Newcastle, arriving at our destination airport at around 2am on the 18th August, 9 hours after we had flown over the very same place.
  • MrPsych
    I am writing to you in connection with flight no TCX6107 which I was booked onto on 17th August 2013 which was scheduled to depart Fuerteventura at 12:40 and arrive at Newcastle at 17:00; the passengers in the party were...
    The plane developed a technical fault on its first final approach to Newcastle airport and the pilot elected to take the relatively rare decision to go around. At some point during the second final approach the pilot elected to again discontinue the landing and divert the flight via Manchester airport.
    Upon eventually landing at Manchester at 18:00 all of the passengers were forced to remain within the plane until after 20:00 when the pilot finally decided that the plane was not in a serviceable condition to fly us back to Newcastle.
    Upon eventually being allowed off the plane and following a further delay in having our baggage returned we were informed that there would be no information available regarding onward transportation until 22:00. We were however provided with a 5 food voucher each which did not cover the cost of any of the available meals in the airport; this was some 8 hours since we last ate.
    Finally an announcement was made that a bus had arrived to take 50 of the 270 passengers back to Newcastle, this was instantaneously followed by a stampede not unlike the Pamplona bull run. Eventually we were herded onto a bus for a 3 hour road journey back to Newcastle, arriving at our destination airport at around 2am on the 18th August, 9 hours after we had flown over the very same place.
    Originally posted by MrPsych
    Just so you know, Thomas Cook rejected this and it's currently in the hands of the Spanish CAA.
  • staylor1982
    has there been any update with this post ,as i have started court action regarding this flight. any help will be grateful
    Originally posted by ian1964
    Just to update you...
    I have not heard anything from Thomas Cook or the CAA regarding flight TCX2312 on 29th September 2012 to Alicante Airport.
    It was December 2012 when I wrote to Thomas Cook again and I am still waiting to this day.
    After watching BBC1s watchdog tonight, at the end of the show they say whats on next weeks show which was 'Surprise' about the flight delay compensation and 'Why are Thomas Cook not paying up'
    The Programme is on BBC1 next Wednesday at 8pm. Got to watch!
    But after hearing about it I thought that I will chase it up again.

    (P.S Ian, I have sent you a private message, explaining what happened)
  • JPears
    Just to update you...
    I have not heard anything from Thomas Cook or the CAA regarding flight TCX2312 on 29th September 2012 to Alicante Airport.
    It was December 2012 when I wrote to Thomas Cook again and I am still waiting to this day.
    After watching BBC1s watchdog tonight, at the end of the show they say whats on next weeks show which was 'Surprise' about the flight delay compensation and 'Why are Thomas Cook not paying up'
    The Programme is on BBC1 next Wednesday at 8pm. Got to watch!
    But after hearing about it I thought that I will chase it up again.

    (P.S Ian, I have sent you a private message, explaining what happened)
    Originally posted by staylor1982
    I wouldn't waste your time with the CAA, pointless and costs a stamp...
    Last edited by JPears; 02-10-2013 at 11:07 PM.
  • grazzzz
    Grazzzz - have you every been told what your technical reason was. Despite asking TC numerous times for details, they just kept replying that it was a technical fault and wouldn't give me any specifics. Last email from them said that the engineer's report was just a list of codes and they weren't trained to decipher them. I fail to understand why, if they are that certain that the fault was an extraordinary one, they just wouldn't tell me what it was. I am hoping they are just stalling to avoid paying out!
    Originally posted by Mickeymoos
    I knew from the ground staff at the airport that it was a cracked cockpit window screen however this was found on the aircraft that hadn't even left Gatwick bringing out the earlier passengers. However TC would not confirm this in writing said it was for them to know and was a private matter only when I took court action was it confirmed as a cracked cockpit screen but seeing it was found on a previous flight I believe they cannot continue to use EC as an excuse on the knock on delayed flights I also believe my flight was technically cancelled as it didn't arrive back to Gatwick they flew us to stansted as the replacement aircraft was needed for another flight from stansted. I am suppose to be in court soon however TC have asked that the witness is on holiday so want the date delayed however judge hasn't made a decision on this as yet
    Last edited by grazzzz; 03-10-2013 at 8:29 AM.
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