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    • Ashers92
    • By Ashers92 13th Jun 17, 1:57 PM
    • 71 Posts
    • 142 Thanks
    Ashers92
    If they turn you down and you go to Court, you will have to satisfy the Judge that you were on the flight. Try a subject access request. And read Vauban's guide.
    Originally posted by legal magpie
    Should things go to court I can prove my attendance by the section of boarding card I have with my details on. Name, seat no, etc. So no need for an access request. Along with other such proof as pictures etc.

    My issue is not having a booking reference as the form requests, as it was a long time ago.
    So surely I'm best to write directly to them with my claim?
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    • Justice13075
    • By Justice13075 13th Jun 17, 2:05 PM
    • 893 Posts
    • 403 Thanks
    Justice13075
    As suggested by Legal Magpie download and read Vaubans guide, there is a template Notice Before Action Letter in the guide copy it and put in your details and go from there.

    A subject access request will only cost you £10 and then you should have all the details you require.
    Last edited by Justice13075; 13-06-2017 at 2:08 PM.
    • Ashers92
    • By Ashers92 14th Jun 17, 7:27 PM
    • 71 Posts
    • 142 Thanks
    Ashers92
    As suggested by Legal Magpie download and read Vaubans guide, there is a template Notice Before Action Letter in the guide copy it and put in your details and go from there.

    A subject access request will only cost you £10 and then you should have all the details you require.
    Originally posted by Justice13075
    I think my point is being missed.
    I have read the guide and understand everything.

    The guide says the first part of the process is to complete the carriers in-house complaints form. This is where I am currently at. I do not have my reference number to complete the form so I'm asking if it is just best to send a letter/email explaining the situation and go from there.

    Equally, I don't see the need for a subject access request as I have details to prove myself on the flight as and when needed.
    Last edited by Ashers92; 14-06-2017 at 7:35 PM.
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    • Justice13075
    • By Justice13075 14th Jun 17, 7:52 PM
    • 893 Posts
    • 403 Thanks
    Justice13075
    By all means write a letter explaining the circumstances but they will probably reject it stating they need your booking reference this is a tactic they use. You will then go back to the guide and complete the letter before action on page 6 doing it now is saving you time.
    • legal magpie
    • By legal magpie 14th Jun 17, 8:15 PM
    • 679 Posts
    • 333 Thanks
    legal magpie
    Ashers, the point you are missing is that the airline industry think that these delay claims are grossly unfair and they will do anything to put people off claiming including rejecting valid claims and/or stalling and playing for time.
    They will take as long as you give them so if you think you have a valid claim, send a notice before action and if they still refuse to pay, sue them.
    • dodds
    • By dodds 14th Jun 17, 8:17 PM
    • 2 Posts
    • 0 Thanks
    dodds
    Sorry to jump on your post but we were on the same delayed fight. Contacted Tomas cook twice gotten same reply

    [QUOTWe've investigated the reason for your delay and can confirm that it was due to Removal of unruly passengers from the aircraft for security reasons. This is a reason that is out of our control and means that under EU Regulation 261/2004 compensation wouldn't be paid.E][/QUOTE]

    This as you said happened on the inward bound flight. Are flight was delayed due to a knock on ie staff run out hours etc can you post back how you get on please not sure what to do next
    • Ashers92
    • By Ashers92 14th Jun 17, 8:21 PM
    • 71 Posts
    • 142 Thanks
    Ashers92
    Ashers, the point you are missing is that the airline industry think that these delay claims are grossly unfair and they will do anything to put people off claiming including rejecting valid claims and/or stalling and playing for time.
    They will take as long as you give them so if you think you have a valid claim, send a notice before action and if they still refuse to pay, sue them.
    Originally posted by legal magpie
    I do understand this, however surely I need to make some form of contact before going straight into a NBA. Let them have their chance at least.

    Its been 4 years before I've even found out about making a claim, so waiting another 28 days for a potential response will not make it any worse. If I have no reply, then of course the NBA route is the way to go.

    Any one have an email address for Thomas Cook? Or just send a letter to Head Office.
    Last edited by Ashers92; 14-06-2017 at 8:25 PM.
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    • Ashers92
    • By Ashers92 14th Jun 17, 8:23 PM
    • 71 Posts
    • 142 Thanks
    Ashers92
    Sorry to jump on your post but we were on the same delayed fight. Contacted Tomas cook twice gotten same reply

    [QUOTWe've investigated the reason for your delay and can confirm that it was due to Removal of unruly passengers from the aircraft for security reasons. This is a reason that is out of our control and means that under EU Regulation 261/2004 compensation wouldn't be paid.E][/QUOTE

    This as you said happened on the inward bound flight. Are flight was delayed due to a knock on ie staff run out hours etc can you post back how you get on please not sure what to do next
    Originally posted by dodds

    Is this flight TCX1712 on October 22nd 2013? I was told the flight was delayed to a technical issue and as such the aircraft swapped to cater for the flight. Hence the delay.
    Last edited by Ashers92; 14-06-2017 at 8:28 PM.
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    • lisaone
    • By lisaone 14th Jun 17, 8:46 PM
    • 9 Posts
    • 4 Thanks
    lisaone
    acknowlacknowledgementedgement
    all you will receive on the Thomas cook online complaint form is a acknowledgement number when you press submit. You will not receive an email. I think it is supposed to take about 30 days before they respond.
    • lisaone
    • By lisaone 14th Jun 17, 8:56 PM
    • 9 Posts
    • 4 Thanks
    lisaone
    Lol
    HA HA sorry about the title it must of copied acknowledgement twice. My flight was the 04 June 2017. I will give Thomas cook 30 days then I will contact one of the online compo teams at the end of the day I'm due £990 for 3 passengers. More chance of winning through these guys and I suppose £700 is better than nothing after they take there cut. Just have to be patience and see what happens.
    • Justice13075
    • By Justice13075 14th Jun 17, 9:14 PM
    • 893 Posts
    • 403 Thanks
    Justice13075
    HA HA sorry about the title it must of copied acknowledgement twice. My flight was the 04 June 2017. I will give Thomas cook 30 days then I will contact one of the online compo teams at the end of the day I'm due £990 for 3 passengers. More chance of winning through these guys and I suppose £700 is better than nothing after they take there cut. Just have to be patience and see what happens.
    Originally posted by lisaone
    Before handing it on to a NWNF firm just send a letter before action (doesn't cost you but a stamp) if that doesn't do the trick then by all means hand it over to a NWNF firm. Could save yourself 30% of your claim.
    • Justice13075
    • By Justice13075 14th Jun 17, 9:22 PM
    • 893 Posts
    • 403 Thanks
    Justice13075
    Is this flight TCX1712 on October 22nd 2013? I was told the flight was delayed to a technical issue and as such the aircraft swapped to cater for the flight. Hence the delay.
    Originally posted by Ashers92
    I haven't read all your posts but if this unruly passenger was on a previous flight you are due compensation as it was a knock on effect. EuClaim say you are due €400 per passenger.
    • JPears
    • By JPears 15th Jun 17, 10:00 AM
    • 2,882 Posts
    • 812 Thanks
    JPears
    Ashers, if you have already contacted TC with your claim and they have rejected it for not having booking reference, then you are at the NBA stage.
    If you have not submitted claim yet, then as you say, you need to give them a chance, explain that you have boarding card but not booking reference.
    BUT put a time limit on say 4 weeks. You mentioned you are 4 yaers from claim arising - TC may try to play you to 6 years if you give them a chance then you can't claim at all as you lose any legal recourse.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • lisaone
    • By lisaone 15th Jun 17, 6:39 PM
    • 9 Posts
    • 4 Thanks
    lisaone
    23 hour delay
    Is the address for Thomas cook the customer relations address and is it 30 days within you should receive a reply back.
    thanks
    • Ashers92
    • By Ashers92 16th Jun 17, 10:16 AM
    • 71 Posts
    • 142 Thanks
    Ashers92
    Ashers, if you have already contacted TC with your claim and they have rejected it for not having booking reference, then you are at the NBA stage.
    If you have not submitted claim yet, then as you say, you need to give them a chance, explain that you have boarding card but not booking reference.
    BUT put a time limit on say 4 weeks. You mentioned you are 4 yaers from claim arising - TC may try to play you to 6 years if you give them a chance then you can't claim at all as you lose any legal recourse.
    Originally posted by JPears
    I probably should have said.
    I've not yet had any contact with TC so at the very first stage. If I receive nothing within the 4 weeks then I'll go straight to NBA and follow up as necessary.

    I'm not hurting myself by including a copy of my passport visa stamp as additional proof that I entered Turkey on that day am I? I cant see how it would go against me.

    Thanks
    Last edited by Ashers92; 16-06-2017 at 11:21 AM.
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    • lisaone
    • By lisaone 20th Jun 17, 6:05 PM
    • 9 Posts
    • 4 Thanks
    lisaone
    I have just had my reply back from Thomas cook and they have basically said that no compo would be paid due to industrial action. What the hell are they talking about!! I have a letter to state they had to off load passengers on the inbound flight which caused a diversion and then crew ran out of duty hours. Tell the truth Thomas cook!! 23 hours delay is not good enough Thomas cook. Lets see what a judge has to say about it.
    • liljodes
    • By liljodes 21st Jun 17, 1:20 PM
    • 6 Posts
    • 0 Thanks
    liljodes
    Hi All -
    Finally had a reply from First Choice - Says the following

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM 4267 Malta to London Gatwick and our delay handling logs show that the flight was delayed due to Cabin Manager being taken ill.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.


    I don't believe that crew member being taken ill was enough to class as extraordinary circumstances. The reason for the delay is because they had to fly another crew member in to Malta to be able to fly out. A reasonable measure is to have more crew in a country available for short notice issues like this?

    Can anyone advise? Shall I reply to First Choice?

    Thanks
    • Ganga
    • By Ganga 21st Jun 17, 1:49 PM
    • 595 Posts
    • 280 Thanks
    Ganga
    Hi All -
    Finally had a reply from First Choice - Says the following

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM 4267 Malta to London Gatwick and our delay handling logs show that the flight was delayed due to Cabin Manager being taken ill.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.


    I don't believe that crew member being taken ill was enough to class as extraordinary circumstances. The reason for the delay is because they had to fly another crew member in to Malta to be able to fly out. A reasonable measure is to have more crew in a country available for short notice issues like this?

    Can anyone advise? Shall I reply to First Choice?

    Thanks
    Originally posted by liljodes
    So you would expect every airline to have spare staff on stand by at every airport that they use? Get real,
    ITS NOT EASY TO GET EVERYTHING WRONG ,I HAVE TO WORK HARD TO DO IT!
    • Justice13075
    • By Justice13075 21st Jun 17, 2:10 PM
    • 893 Posts
    • 403 Thanks
    Justice13075
    Yes you can claim put your details into bottonline and EuClaim. Bott & Co the leading flight compensation lawyers agree. They did an article on their website 19th May 2017 have a read. Your claim will be against the Airline not the agent.
    • Tyzap
    • By Tyzap 21st Jun 17, 2:56 PM
    • 843 Posts
    • 444 Thanks
    Tyzap
    Hi All -
    Finally had a reply from First Choice - Says the following

    In light of the Supreme Court ruling on 31st October 2014 we have investigated the claim for flight TOM 4267 Malta to London Gatwick and our delay handling logs show that the flight was delayed due to Cabin Manager being taken ill.

    So as to help both customers and airlines, the European Commission has recently published draft guidelines as to what amounts to extraordinary circumstances. This list was prepared with the assistance of the various national bodies responsible for regulating the aviation industry across Europe.

    In this draft, the Commission has intimated that the following would be considered extraordinary circumstances:

    16. Passenger or crew member becomes seriously ill or dies on-board at short notice before the flight.

    An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

    The circumstances surrounding the delay to your flight are classified as extraordinary circumstances under Regulation 261/2004 of the European Union. Therefore we reject your claim for compensation under this regulation.


    I don't believe that crew member being taken ill was enough to class as extraordinary circumstances. The reason for the delay is because they had to fly another crew member in to Malta to be able to fly out. A reasonable measure is to have more crew in a country available for short notice issues like this?

    Can anyone advise? Shall I reply to First Choice?

    Thanks
    Originally posted by liljodes
    Hi liljodes,

    The list which they quote above has no legal standing in English law. It can be rubbished and disregarded, as no court is required to pay it any attention. It is more of an airlines 'wish list' and has had to be changed occasionally to reflect clarifications of the law.

    Please see the following link to the Bott & Co website about crew sickness...

    http://www.bottonline.co.uk/flight-delay-compensation/claim-guides/flight-delays-caused-by-crew-sickness

    Good luck.
    Please read Vaubans superb guide.
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