Flight delay and cancellation compensation, Thomas Cook ONLY

romanby1

romanby1 wrote: »

Does the court have any discression to allow extra tine for submitting the forms/defence etc.
If they are swamped with claims it is up to the airline to employ more staff to deal with the problem to get their paperwork in on time..
If us as a lay claimants deliver our paperwork etc late they would employ legal experts to raise all sorts of arguments to prevent us being given extra time that we have no knowledge of.
My claim is not with TC but in my case I am expecting that the Allocation Form may not be delivered to the court. It is now a fortnight since the due date. We phoned last week and were told it can take up to a fortnight for the court staff to log the details on the system.

We phoned the court today and our airline has not yet submitted the Allocation Questionaire within time.
The File will be put before a judge today and he/she will decide the what course of action is to be taken.
We await with baited breath.

bethg2009

Centipede100 wrote: »

No it isn't so start your claim and hang onto that original letter.

Is it worth me emailing my letter to them or will they only accept "a hard copy"

Does this read right??

[FONT=&quot]19/04/2013[/FONT]

[FONT=&quot]Thomas Cook Airlines[/FONT]
[FONT=&quot]Customer Relations [/FONT]
[FONT=&quot]2-4 Godwin Street[/FONT]
[FONT=&quot]Bradford[/FONT]
[FONT=&quot]West Yorkshire[/FONT]
[FONT=&quot]BD1 2ST[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Dear Sir or Madam,[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Re: Compensation claim for delayed flight[/FONT]
[FONT=&quot]Booking reference: supplied
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I am writing regarding flight TCX516L on 23/05/2009 from Palma Mallorca to Newcastle with the scheduled departure time of 22:15. This flight arrived 4hours and 50 minutes late at Newcastle Airport at 04:55.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have enclosed a copy of our booking confirmation and the communication that was handed out at the airport regarding disruption within your fleet, which meant you were not able to operate your own flight and we had to be out sourced to another carrier namely Jet2. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The judgment of the Court of Justice of the European Union in Tui & others v CAA [/FONT]
[FONT=&quot]confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The passengers in the party were (myself), (partner) and (our child)[/FONT]
[FONT=&quot]Names are in original
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]My scheduled flight length was [/FONT][FONT=&quot]1750 km[/FONT][FONT=&quot] [/FONT][FONT=&quot]therefore I am seeking £400 per delayed passenger in my party. The total is £1200 for all passengers.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Yours faithfully,[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Do they still have 14 days top respond to an email??[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Regards
[/FONT]

Caz3121

the compensation is € and not £ (although they will convert it)

Was the Jet2 flight scheduled? eg was your flight cancelled so they placed you on the Jet2 flight or did they somehow borrow a Jet2 aircraft to operate your flight?

This will make the difference of you claiming for a delay or a cancellation

allybee13

UPDATE:

I phoned their customer services again today and was told that they have now set up a department specially for dealing with flight delays, but that this department doesn't take calls so you still need to speak to the TC call centre who can access the case references to see what progress has been made.

They requested information from the airline (Fly Thomas Cook) on 31st March regarding the reason for delay and whether they are paying compensation or defending claims. The info still hasn't been received and I have still had no correspondence from TC to even acknowledge receipt of my claim.

The telephone conversation has raised another question. The person I spoke to said that the ABTA 28 days time limit doesn't apply to flight delay claims as it can take longer than this for the airline to investigate the cause of the delay.

Smells like BS, but can anyone confirm or refute this for me?

Thanks, Ally

bethg2009

Caz3121 wrote: »

the compensation is € and not £ (although they will convert it)

Was the Jet2 flight scheduled? eg was your flight cancelled so they placed you on the Jet2 flight or did they somehow borrow a Jet2 aircraft to operate your flight?

This will make the difference of you claiming for a delay or a cancellation

the only information we were given was -

"I'm sorry to inform you of a late change to your flight today. Due to disruption within the Thomas Cook fleet, the aircraft scheduled to operate your flight is no longer available. Our operations department has therefore sourced an alternative carrier and you will now be travelling on a Boeing 757 operated by Jet2."

How would I know the difference?
All passangers due on the TC flight got on the Jet2 plane I don't think it was ascheduled flight as it was a "free for all" on the plane we were just told to sit anywhere, there was no trolley service on the flight, no refreshments nothing and all very rushed.

bethg2009

Centipede100 wrote: »

This situation is called a "wet-lease" aircraft where both plane and crew are sourced from an alternative airline.

Your claim remains with TC not Jet2 as the Reg makes specific reference to the 'operator' who is also responsible if it "wet" or "dry leases an alternative aircraft with or without crew:

(7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

So it is still a legitamate and valid reason to claim??

Thanks

andreameadowcroft

Hi
I'm a newby at this, so applogies if my questions are answered somewhere else.

I sent a email to Thomas cook (the template letter) on 24th Feb. They wrote back to me on 8th March saying the usual '28 day' standard reply that I have seen everyone gets.

I then got another response on 28th March saying that they would have to investigae with their airline and this could take 28 days. They also asked me to confirm my booking ref and postal address which I did so straight away.

I counted 28 days from this last response (although it has been 54 days since my first email to them), and sent them a kind email the other day saying I had waited over 28 days and could they inform me the reason that my claim hadn't been processed yet.

I still have not heard anything.

The cause of my delay was a plane in menorca was stranded due to mecanical fault - our plane had to drop off an engineer there on the way to majorca. I was thinking that due to the fact that there was absolutely nothing wrong with our plane, it was a genuine reason to claim compensation for our flight delay. We chose that holiday due to the short flight time- we could have flown to the carribean in the time we were sat on the plane with our young children. It was a really naff start to the holiday!

I wondered what to do next - I was thinking that I need to send them a notice of further action, but is this the correct thing to do next?

Many thanks for your help

Vauban

andreameadowcroft wrote: »

Hi
I'm a newby at this, so applogies if my questions are answered somewhere else.

I sent a email to Thomas cook (the template letter) on 24th Feb. They wrote back to me on 8th March saying the usual '28 day' standard reply that I have seen everyone gets.

I then got another response on 28th March saying that they would have to investigae with their airline and this could take 28 days. They also asked me to confirm my booking ref and postal address which I did so straight away.

I counted 28 days from this last response (although it has been 54 days since my first email to them), and sent them a kind email the other day saying I had waited over 28 days and could they inform me the reason that my claim hadn't been processed yet.

I still have not heard anything.

The cause of my delay was a plane in menorca was stranded due to mecanical fault - our plane had to drop off an engineer there on the way to majorca. I was thinking that due to the fact that there was absolutely nothing wrong with our plane, it was a genuine reason to claim compensation for our flight delay. We chose that holiday due to the short flight time- we could have flown to the carribean in the time we were sat on the plane with our young children. It was a really naff start to the holiday!

I wondered what to do next - I was thinking that I need to send them a notice of further action, but is this the correct thing to do next?

Many thanks for your help

You may need to take them to court - though from what you say this is was a clear operational decision to divert to Menorca, and compensation is therefore payable.

Write them a Notice Before Action letter (the FAQs have links to templates) and give them 14 days to respond. Then file a court claim for your cash.

andreameadowcroft

Thank you both for your advice- I will issue them a NBA! Ill let you know what comes of it!

Daza

SUCCESS !!!!!!!!

Finally after many letters backwards & forwards ... and also contacting the AESA (Spanish CAA) I have received a cheque today for £715

This is even after Thomas Cook requested from me documents to proof we were on the flight in question (which I had none of the documents they asked for) -- I simply went to their online webform and requested my booking reference or a copy of my invoice to be sent to me, of which I would then send back to them to proof we were on the flight --- I also pointed out that by law they have to keep a log of all pax on each and every flight, so they already had a record of us being on the flight.
I also stated that I had contacted the AESA and they found that (as they did not reply to them) that they found Thomas Cook responsible for the delay as they did not provide any proof of extraordinary circumstances and that they should have also received a copy of their report.
And finally I stated that I would wish to receive a cheque (not vouchers) within the next 14 days as full & final settlement.


4 days after sending the final webform a cheque just arrived through the post.



Now all I have got to do is sort out my Thomson claim - which is proving to be not as easy.