Flight delay and cancellation compensation, Thomas Cook ONLY

ANNA

My 14-day letter before action went out to TC today.

I phoned the CAA and was told they are investigating and can obtain the technical reports which I couldn't get from TC. The airlines can't refuse a request from the CAA. So that should strengthen my Court case.

Is there any template for the Court claim? I want to start to get this ready to submit in 14 days time.

jamit

There must be hundreds in this battle with Thomas Cook and getting one of their limited number of standard replies. They are consistent in denying that a technical failure is an extraordinary reason despite CAA not including thus in their sample list of extraordinary reasons.
In my last letter I expressed disappointment with their last response and told them I was moving on to the next stage of referring to CAA before going to legal procedures.

I am really concerned because I have had lots of very positive experiences with TCX including excellent treatment during the volcanic ash crisis. I even wrote a letter to a newspaper praising them and my travel insurance company.

I'll keep going and will get advice from Citizens Advice if I am to proceed with the legal claim.

John

wendyjaycee

Following me requesting a report explaining the technical difficulties with our flight & giving them 14 days to provide it (being as they say they have already undertaken a thorough investigation), this is their reply (within 2 days!!)

"I write to acknowledge receipt of your further communication.
I am sorry that you remain unhappy with the way your complaint has been dealt with initially and the further comments you have made will certainly be considered.
Following a review of your entire case, you will be contacted again with a view to bringing this matter to a satisfactory conclusion for all concerned.
Again, we will endeavour to respond to you as quickly as possible. In the meantime, I apologise for any delay in our further reply and should you wish to contact us again please do so via

Yours sincerely
Farina
Customer Relations Executive"

Is this just another delay tactic??



I also came across this paragraph in their response to my original complaint This was dated the 12th of September 2012, was the ruling already in place on this date?


"Unfortunately,there is no provision within legislation within the Airline Industry to makecompensation payments if a flight is delayed. It is because of this that Insurance Companies usually make someprovision within their policies. Iwould, therefore, recommend that you contact them to see if cover is available".

MCSAVE

I've had a reply from the CAA, basically telling me that they will request info from TC and get back to. TC have acknowledged service of my MCOL claim, so I'll wait for their defence. Question for the experts, if TC decide to defend the case, which I expect, will I be able to wait for the CAA information before the hearing? Obviously that would add weight to my claim or TC defence depending on the CAA's judgement.

MCSAVE

wendyjaycee wrote: »

Following me requesting a report explaining the technical difficulties with our flight & giving them 14 days to provide it (being as they say they have already undertaken a thorough investigation), this is their reply (within 2 days!!)

"I write to acknowledge receipt of your further communication.
I am sorry that you remain unhappy with the way your complaint has been dealt with initially and the further comments you have made will certainly be considered.
Following a review of your entire case, you will be contacted again with a view to bringing this matter to a satisfactory conclusion for all concerned.
Again, we will endeavour to respond to you as quickly as possible. In the meantime, I apologise for any delay in our further reply and should you wish to contact us again please do so via

Yours sincerely
Farina
Customer Relations Executive"

Is this just another delay tactic??



I also came across this paragraph in their response to my original complaint This was dated the 12th of September 2012, was the ruling already in place on this date?


"Unfortunately,there is no provision within legislation within the Airline Industry to makecompensation payments if a flight is delayed. It is because of this that Insurance Companies usually make someprovision within their policies. Iwould, therefore, recommend that you contact them to see if cover is available".

I've had that reply. I'm not a betting person, but I'd wager that they'll tell you the reason next and claim it is EC again, the letters are the same to everyone, they just churn different ones out to you depending on where you are in the claim process.

1stTimer

Hi

So just need some guidance on where to go with this now..
My original thread if you need to know back ground

https://forums.moneysavingexpert.com/discussion/3477573=

since then i have sent of a numbers of complaint forms and recieved the standard response, Yesterday i got another letter through the post which states along the lines of ''the delay to your own flight were of a technical nature, which were extraordinary - as the events were defined as '''extraordinary'' no payment or compensation is considered appropiate''

so what next?

richardw

Do DJ's have regional/national meetings to discuss trends in types of small claims?

Lucilla

Hi all,

Just found this thread on the site and wondered if anyone might be in a similar position.

We had a seven-hour delay when we were meant to be flying from Gatwick to Tenerife on 2 November 2012 (flight no. TCX1438).

We were told that the delay due to 'technical problems' with the plane and so I sent off a letter asking for €400 each but haven't heard anything back so far.

Was anyone else on this flight or is anyone else trying to claim compensation for this flight? Anyone had any luck so far? Is it likely that our only option will be to go to court in the end?

I've heard (and seen from a couple of posts above) that Thomas Cook are giving out vouchers for flights instead of cash. Is this standard practice now? I would much prefer cash!!

Many thanks.

Lucilla

Centipede100 wrote: »

You are entitled to cash compensation for delays >3 hours or cancelled flights unless the airline "can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".

Read the links in the FAQs.

I have done some research and understand the basis for claiming compensation - but at the moment I am still waiting to hear back from Thomas Cook (they still haven't told us in detail what these technical problems actually were yet).

I was just wondering if anyone else had received any response from Thomas Cook about the flight or indeed got anywhere with their claims.

Also, I really don't want to end up with vouchers - who knows if Thomas Cook are still going to be around by next summer?

rusty_frog

Lucilla wrote: »

I have done some research and understand the basis for claiming compensation - but at the moment I am still waiting to hear back from Thomas Cook (they still haven't told us in detail what these technical problems actually were yet).

I was just wondering if anyone else had received any response from Thomas Cook about the flight or indeed got anywhere with their claims.

Also, I really don't want to end up with vouchers - who knows if Thomas Cook are still going to be around by next summer?

As far as TC accepting, even in writing, that any delay was down to technical or mechanical problems, they will almost always claim they were "extraordinary circumstances" anyway, and will not be offering you a settlement.

So with that in mind, I would not be too concerned as to whether you will be offered vouchers instead of cash.

Not too many success stories have been reported to date.