Flight delay and cancellation compensation, Thomas Cook ONLY

lee111s

bgwuser wrote: »

I am hearing that some passengers are being told this call centre is closed and files have been lost. (?another delaying tactic?). I had a recorded delivery letter accepted in Bradford on 2.4.13 after being told by TC customer services to send my vouchers there with a request for a cheque instead. (Still waiting for my cheque. :mad:) Please be aware and post any updates/experience you may have.

It can take 28 days for the cheque to arrive once they have you letter. The girl I've been dealing with said there's a backlog of a bout 3 weeks worth of letters so be patient

Shelley01

Please follow my thread on the Thomas Cook Forum. This is a copy of my account left in the problems section on their forum....

Flight Delays Compensation

Hi I have recently put in a compensation claim under the EC Ruling 261/2004 following a flight cancellation of a return flight from Florida to Manchester in 2011.

There is a forum you can find (link removed)... which details other people's experiences with similar claims with Thomas Cook and how to make a claim! I strongly recommend you use this forum!!

One of the problems that comes up regularly is how long it takes to reply to claimants and the reluctance to pay up!

It is about time customers receive compensation for the inconvenience a delayed or cancelled flight makes.
I contacted Customer Relations with Thomas Cook yesterday and the lady I spoke to was first rate. I'll refrain from giving a final judgment until I receive my claim.
Good Luck With Your Claims....!!!

I've used a great picture of Judge Judy!

Davidvgoliath

MrsW86 wrote: »

For those of you who have taken court action, how long did tc leave it before submitting their response following your claim being served? Do they usually leave it to the last possible moment as with everything else? Their deadline for our claim is Friday and nothing yet.......

From my experience, the last possible moment for the acknowledgement and then their defence. Others seem to find the same, with some even (i think) finding the court received their defence after the 28 day deadline.

My guess is that their legal department is swamped, judging by the number of poeple who have posted on here about taking their claims to court (which will likely be a fraction of the people either taking it to the courts themselves or using a claim management company to do so).

debtfreedaisy

Today I received the most ridiculous reply yet from this crowd of cowboys! Emailed asking legitimate questions with regards the claim of ECs. What the exact nature of the fault is, where and when did the fault occur and what action was taken to prevent or minimise a delay.

I have now been told that they do not have the information I require. How on earth can they claim ECs if they cannot answer these simple queries? Each reply has told me that I should contact the CAA, makes me wonder if TC expect the CAA to find in their favour on most occasions.

So, do I bother with the CAA or should I go straight to NBA?

Davidvgoliath

debtfreedaisy wrote: »

Today I received the most ridiculous reply yet from this crowd of cowboys! Emailed asking legitimate questions with regards the claim of ECs. What the exact nature of the fault is, where and when did the fault occur and what action was taken to prevent or minimise a delay.

I have now been told that they do not have the information I require. How on earth can they claim ECs if they cannot answer these simple queries? Each reply has told me that I should contact the CAA, makes me wonder if TC expect the CAA to find in their favour on most occasions.

So, do I bother with the CAA or should I go straight to NBA?

Forget the CAA in my view, proceed to NBA, then file claim on MCOL. If TC are relying on EC's then they will have to disclose in the hearing what the circumstances are, and effectively prove the circumstances were beyond their control.

CAA appear to be swamped and unable to enforce payment anyway.

Shelley01

Could someone please explain what NBA is and MCOL?
thanks....

Ich_2

Could someone please explain what NBA is and MCOL?

All explained in the FAQs

blondmark

Shelley01 wrote: »

Could someone please explain what NBA is and MCOL?
thanks....

NBA is an acronym for what the Civil Procedure Rules describe as a Letter Before Claim (it used to be referred to as a Notice - or Letter - Before Action). You would send such a letter to the other side warning them of your intention to sue by a certain deadline (usually 2 weeks) if they do not settle.

MCOL is another acronym for Money Claim Online. However this is not usually the best way to bring a claim for delayed or cancelled flights due to the severe restriction in the number of characters allowed. Far better to complete a Form N1 HERE.

Superhorn

Davidvgoliath wrote: »

A few more things following my recent post on my ongoing court action. I received a copy of TC's allocation questionnaire, sent by them, which seems strange to me as there was no requirement on the allocation questionnaire I completed to send a copy to the defendant.

TC have ticked yes to agreeing to mediation. It might mean something or it might mean nothing, what does everyone think?

Secondly, they have advised that they want to have two witnesses present, a member of the airlines operation team and an engineer to (presumably) back up their claim of extraordinary circumstances. Presumably this in addition to their legal team member. All this for a minor claim - seems very over the top? Or perhaps an attempt to intimidate?

They also agreed to enter into mediation with our case but didn't actually follow the court order. I made contact they however didn't. Delay tactic but follow the order to show your willing. I have said this before, they may have a Barrister presenting for them, that person will try to take up the entire time so you don't have a chance to speak, if so request a further date for your argument to be heard. Finally, be very prepared to be questioned by their Barrister (possible) and write down (speech) exactly what you want to say leaving mothing to chance.

Also write down questions for their witnesses. What is the technical problem?

LisaLou1982

Hi all

Just wanted to know if someone could provide a view on my situation.

I was delayed 4 hours tenerife to bhx in oct 2011. Letter sent to bradford and peterborough address on 15th jan. No response. Email sent via the customer relations email that someone else has been corresponding with on here. No response.

Am i right in thinking that i should now send a letter to the CAA? i have typed one out and have it in the post today but having seen people mention NBA and MCOL (or something!) its confused me as to what the best response is!

TIA x