Flight delay and cancellation compensation, Thomas Cook ONLY

pete146

Vauban wrote: »

Pete,

What do you want us to say? You are being given the runaround, obviously. Carry on with the correspondence if you want. But there is only one way to bring it to a resolution - and I'll give you a clue: it ain't by writing to the CAA.

Vauban

Erm, can I have a more obvious clue? lol

Are we talking court action?

Since posting this, I've just emailed the CEO and attached the full comms so far - just hoping to prompt any kind of response

Vauban

pete146 wrote: »

Erm, can I have a more obvious clue? lol

Are we talking court action?

Since posting this, I've just emailed the CEO and attached the full comms so far - just hoping to prompt any kind of response

Yes Pete. Court action. There's not much evidence in your prolonged correspondence of the airline taking your points seriously. Carry on if you are enjoying the duel, but if you want the cash you'll need to defend your legal rights through litigation! It's frustrating that some airlines treat their customers so contemptuously, but there we are ...

pete146

ok thank you for your help

I've never done this before - Is is pretty easy to start such proceedings? Do I need to visit a lawyer to kick things off?

Thanks again

Vauban

pete146 wrote: »

ok thank you for your help

I've never done this before - Is is pretty easy to start such proceedings? Do I need to visit a lawyer to kick things off?

Thanks again

It's not super easy, but it's not as difficult as you might think. Have a look at the FAQs on page 1, as well as the thread entitled "Taking the airlines to court". You can make a claim online through something called MCOL (google for further details).

And if all this seems too much, enlist a no win no fee company, who'll do some of the legwork for about 30% of your award.

Shelley01

I sent in a claim less than 28 days ago using the template letter provided by MSE. I had no response within 14 days and so I phoned Thomas Cook Customer Relations approx 16 days later. they explained that MSE has got it wrong and that 28 days is the time frame which they are legally able to follow.

Anyway, I recently asked what an MCOL was...Money Claims ON Line.
This is a method for individuals to issue small claim proceedings. the cost is reasonable.

When I contacted Thomas Cook today I explained that if I get the run around I will not hesitate to start an MCOL, however the lady I spoke to was very polite and helpful and today gave me my case ref number and explained that I should have a decision fairly shortly and to not put an MCOL in.

So I'm just going to have to wait and see how this pans out....

romanby1

Vauban wrote: »

It's not super easy, but it's not as difficult as you might think. Have a look at the FAQs on page 1, as well as the thread entitled "Taking the airlines to court". You can make a claim online through something called MCOL (google for further details).

And if all this seems too much, enlist a no win no fee company, who'll do some of the legwork for about 30% of your award.

I agree with the above. I am persuing a claim with another airline using the Small Claims Court.
We read all the PDF files on the SCC web site and elsewhere. If you treat each stage separately, complete the forms carefully and accurately, send as much evidence as possible including corresponeence and also state you will require the airline to provide reports on the reason for the delay including maintanance/sevice reports etc on the aircraft to the court..

grazzzz

pete146 wrote: »

ok thank you for your help

I've never done this before - Is is pretty easy to start such proceedings? Do I need to visit a lawyer to kick things off?

Thanks again

Pete
I agree with the others i had never done it before and thanks to the people on this site i have filed also ,just include as much info and be logical with your approach as much info as possible if they wont tell you the cause of the delay that is good enough to start court action and if its extraordinary circumstances they are citing use the arguments in other proven cases to strengthen your argument
also for anyone who has a barclays addition account you have free legal advice by phone so they can also talk you through it and advise you what to say in your draft it has helped me so much

allybee13

Vauban,

Thanks for your response - hopefully my answers below will help to clarify things.

Vauban wrote: »

Not sure really what you're asking. ABTA have a guideline for their members to respond to queries: the airlines aren't meeting it (though I'm not sure, on a technical point, whether the airlines are members of ABTA - I don't think they are).

I'm asking whether I'm obliged to give them more than 28 days to receive this information from "the airline" as they requested it on 30th March. I wouldn't have thought it would be a difficult thing to look up as they must surely have logs.

Vauban wrote: »

You should give Thomas Cook as much time to resolve this as you think is reasonable. Many people have waited months. I think eight weeks is ample.

I'm going to be away for the next two weeks so I'll give them until I get back and that will be nine weeks from their receipt of my initial letter. After that, if I've not received a letter from them I will make one more phone call and then they get my LBA.

Vauban wrote: »

Can I check one point though: please confirm you are in touch with Thomas Cook the airline, not Thomas Cook the travel agent. The latter has no legal responsibility to you - you can't take them to court for a 261/04 claim.

I've sent my letters to TC Customer Relations, 2-4 Godwin Street and called them on 0844 879 8136 as per the FAQ and the great advice given on this forum

If you think any of the above is unreasonable or misguided, I'd be grateful for your feedback.

Thanks,
Ally

claretmad2007

sent my first letter to Thomas Cook on 1st April not heard anything from them,sent an email but they havent even replied to that,should i give them more time or what should i do next

thanks

pete146

pete146 wrote: »

Erm, can I have a more obvious clue? lol

Are we talking court action?

Since posting this, I've just emailed the CEO and attached the full comms so far - just hoping to prompt any kind of response

Just for completeness, my email to the CEO along with their response is below!

Hi

I am hoping that you, or somebody from your office, could please help to resolve a complaint and claim that I made to Thomas Cook Airlines in Dec 2012.

I have avoided pursuing this matter through the CAA, or the courts, as Thomas Cook have served me extremely well in the past, and I would like to give you the opportunity to resolve this 'In House'. However, my loyalty will only extend so far and I am extremely disappointed in the way my complaint has been handled.

Please see the attached document for a full list of my communications with Thomas Cook.

I hope that you can bring this to a swift resolution

Many thanks for your help

---

Thank you for your letter addressed to our Group Chief Executive Officer, Harriet Green. As my job involves responding to correspondence on behalf of our Directors in matters of customer service your letter has been passed to me.

I write further to your most recent correspondence and I am sorry that you remain unhappy with the response you have received so far from our Customer Relations Team. Unfortunately we are not able to provide you with the answers detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook.

The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable.

We, as Thomas Cook, stand by our decision and should you wish to pursue this matter further, I would therefore suggest that this is done through the Civil Aviation Authority by logging on to their website

I thank you once again for taking the time to contact Customer Relations and whilst I appreciate your disappointment at present, I hope that Thomas Cook may be of assistance to you in the future.


Kind Regards,

Karen Borthwick

Karen Borthwick
Directors Office
Thomascook UK and Ireland
Part of the thomascook group plc