Flight delay and cancellation compensation, Thomas Cook ONLY

debtfreedaisy

Vauban wrote: »

There's been a good debate between Centipede, Mark2Spark, and myself on the Monarch thread about why technical problems are rarely "extraordinary circumstances", based on the rulings of the European Court . We worth a read for anyone taking the lark seriously, I reckon.

Thanks Vauban, will have a read.

grazzzz

debtfreedaisy wrote: »

Thomas Cook really are quite special!

Sent off the letter template and received the usual car maintenance reply - on the 28th day. Claiming ECs with no actual details of the technical fault.

Can I check my understanding of the regs with some of the more knowledgable posters? It is up to TC to prove the existence of extraordinary circumstances, it is also up to TC to prove they did everything reasonably possible to keep our delay to a minimum?

Our flight was delayed 8 hours and the plane we eventually left on was in Manchester airport from Midnight until 5pm (when we left). Our original flight time was 9.30am. I have asked for proof of the technical nature and an explanation as to why we never left at our original departure time when the plane was available.

For many of us they are now refusing to say why the plane was delayed. i wrote and asked they have declined to tell me why just claiming extraordinary circumstances so i filed court action

noseasonticket

Vauban wrote: »

There's been a good debate between Centipede, Mark2Spark, and myself on the Monarch thread about why technical problems are rarely "extraordinary circumstances", based on the rulings of the European Court . We worth a read for anyone taking the lark seriously, I reckon.

Thanks for that will head over there for a read

Mark2spark

debtfreedaisy wrote: »

Thomas Cook really are quite special!

Sent off the letter template and received the usual car maintenance reply - on the 28th day. Claiming ECs with no actual details of the technical fault.

Can I check my understanding of the regs with some of the more knowledgable posters? It is up to TC to prove the existence of extraordinary circumstances, it is also up to TC to prove they did everything reasonably possible to keep our delay to a minimum?

Our flight was delayed 8 hours and the plane we eventually left on was in Manchester airport from Midnight until 5pm (when we left). Our original flight time was 9.30am. I have asked for proof of the technical nature and an explanation as to why we never left at our original departure time when the plane was available.

You are correct, and it's quite reasonable for you to expect them to fully divulge all information available to them, so that you can make a reasoned decision as to whether to go to court or not.
No info from them = a reasonable court claim.

maghater

Chased Tc for months for reason for delay, went through NEB, etc., no response other than EC and they couldn't tell me the reason "for operational reasons". After submitting mcol I got a letter from them blaming an accident during fuelling. Thought I could do with a bit more info than this, so requested details of damage, time, and location. Received the following email
SUMMARY OF DELAY FOR CRE PURPOSES
Reactionary due G-JMCD AOG - ASU operator drove off while still connected to a/c DELAY 07.50 HES. G-JMCD Code 52
The only bit of that I can understand is the time! which is interesting as it is nearly two hours after the scheduled departure. Wrote back 4 weeks ago , still no response. Absolute shower.

allybee13

I sent the initial letter to TC on 08/03/13 by Recorded Delivery. According to Royal Mail they received it on 11/03/13.

More than a month has now passed (unfortunately I've been ill) and I have not even received the courtesy of a reply.

Time for the LBA?

Kate121

Hi I'm wondering if someone can help me we was delayed may last year 17 hours from dalaman to East Midlands I have wrote to tc using the template letter and gave had a reply back via email which states that they will not pay compensations due to es so I've just called to ask exactly what the delay was adv that delay was due to not been able to start the engine and the part was ordered I've spoke to abta I think it was who said that is was es and that I will find it hard to pursue the claim just want to know where to go with it really don't want to waste anymore of my time if its not worth it HELP please

allybee13

allybee13 wrote: »

I sent the initial letter to TC on 08/03/13 by Recorded Delivery. According to Royal Mail they received it on 11/03/13.

More than a month has now passed (unfortunately I've been ill) and I have not even received the courtesy of a reply.

Time for the LBA?

Quick Update ...

I phoned TC customer services and spoke to a helpful person in their Falkirk office. A case reference has been raised for me and they contacted their "Flight Delay Team" on 31st March to ascertain what caused the delay to the flight and whether they are paying out compensation on it.

Given that they received my letter on 11th March, it took them 20 days to request this information and I've been told that it can take 28 days for them to receive it. Timescale on my letter was 14 days and this will potentially be 48 days.

I am now in two minds whether to wait for them to get the information or whether to just hit them with the LBA now.

Advice would be welcome

wedger16

daz1onlym wrote: »

How long does it usually take for TC to reply to letters/complaints?

I wrote to TC 28/01, no reply at all, not even courtesy of acknowledging receipt of letter. So wrote to CAA 28/01. Not very encouraging reply from TC early this week.

My flight was in 2009 & no docs now. Surely they have a passenger manifest for each flight which they have to keep for a few years, so they must know who was on board!

MCSAVE

As those of you that have been following this thread will know, I have been having an ongoing legal battle with TC. I got as far as receiving a date for court action and paying the court legal fees. I have today received notification that TC will not be defending the case(after they initially set out their defence) and they have given me an offer for the full compensation, which in my case is nearly £2000. I will contact the court when the funds have been received, to get a refund from them. Thanks to Centipede 100 and MSE for all the help................to everybody else, keep up the fight and don't be afraid to go all the way with them. Most importantly, listen to the advise on this forum. If anybody needs any further assistance with their claim let me know.