Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

Lucile_park > 3 choices

1) walk away
2) front your own claim
3) appoint no win no fee firm for around 70% of your claim.

111KAB

lee111s wrote: »

Thomas cook have now came back to my after accepting my claim and sending an email to say a cheque had been authorised to say that the flight delay was only 2 hours 4 minutes, not the 3 hours 19 minutes stated on flight stats (and which it actually was)

If I do take them to court how can I prove that the flight was delayed for longer than 3 hours? Would the judge likely find in my favour given that TC have changed their mind after agreeing to pay out?

You will have to obtain accurate figures via the CAA.

jacksback

sging1 wrote: »

I'm in the same boat. I just deferred the court action for one month to follow the courts advice on trying to settle out of court first and have written to TC solicitors to see if we can do this and supplied a really good reply to their defence, which is again stating "Extraordinary Circumstances" due to a "Technical Fault" but again they have not supplied to me details of what the fault was even though I requested this.
The problem I have found is that when you start a claim yourself no legal firm wants to then take it on half way through.

I haven't tried a legal firm to take my case but I would imagine they wouldn't do it half way through and my case is 5th June so not much time to do anything. I was away on holiday when the letter came so I missed the 7 days to defer.. Just have to hope for the best but I'm not expecting it to go my way.. I think the only ones getting any money here are the courts!

maghater

s advised to tick the mediation box, to show willing etc.,now appears my good friends at TC are happy to do this. I am not really happy to drop more than a penny from my claim, is there a polite way of stonewalling them?

111KAB

maghater wrote: »

s advised to tick the mediation box, to show willing etc.,now appears my good friends at TC are happy to do this. I am not really happy to drop more than a penny from my claim, is there a polite way of stonewalling them?

TC will probably agree to pay your costs if you drop claim - you can probably agree to drop interest charges to save going to Court. Normally differences insurmountable so mediation a waste of time.

111KAB

jacksback wrote: »

I haven't tried a legal firm to take my case but I would imagine they wouldn't do it half way through and my case is 5th June so not much time to do anything. I was away on holiday when the letter came so I missed the 7 days to defer.. Just have to hope for the best but I'm not expecting it to go my way.. I think the only ones getting any money here are the courts!

With airline suggesting technical problems indicating extraordinary circumstances I would imagine you stand a very good chance of 'winning'. A well presented/researched claim and you should get your money.

pip10

pip10 wrote: »

Hi,

I am looking to apply for compensation for travel delays I experienced. I have read around but unfortunately have been unable to find answers to some questions I have, so I am looking for a bit of advice from those more in the know please.

We had considerable disruptions on both legs when we flew with Thomas Cook to Tenerife in February 2012. In the airport on the way back I remember commenting to my partner about the large amount of severely delayed TC flights (there were about 5 that were delayed) so it was clear they were having plenty of problems!

Here is what happened…

On the way out Manchester to Tenerife we were delayed for just over 8 hours. We received a letter at the airport, which read 'the flight is running approximately 5 hours 25 mins late due to unavoidable operational circumstances' however, obviously it ended up being quite a bit more!

On the way back it was slightly different. At Tenerife airport, in the queue, we were given another letter - the same stock letter with slightly different details re: timings; this time a 4 hours 35 mins delay.

However, when we reached the check in desk we were told that due to the size of the plane there were only around 5 seats left on our flight, these were offered to the most needy still in the queue (kids, elderly etc). The remaining passengers (around 20 of us) would have to get on a delayed Glasgow flight and get a coach back to Manchester. The Glasgow flight was due to leave at 3.30pm but was also heavily delayed and was now scheduled to depart about 10.30pm still over an hour later than we should have left for Manchester and much later than this flight was scheduled to leave.

Anyway, we arrived into Glasgow just after 3am and eventually arrived outside Manchester airport by coach at 8.30am due to rush hour traffic! We were due to land in Manchester at 1.45am so we were around 6 hours 45 mins late.

1. I wondered, would it be best to send two separate requests for compensation or detail both in the same letter?

2. As my return journey involved a re-route to Glasgow and then a coach journey adding to the total delay – does this come under the criteria for applying for compensation?

Thanks in advance for any help.

I would go with 2 separate claims

outward for the delay and return for denied boarding

Thanks for your reply! Re: the denied boarding, is there a template letter somewhere for this?

tazgalsinh

hello,

I would like some advise about a compensation claim I would like to file with Thomas Cook.

On April 30th 2013 we were travelling from Cancun to Manchester when 2 hours into the flight there was smoke in the plane due to an overheated Entertainment System at someones seat. We landed in Bermuda and stayed the night there in accommodation provided by TC. We flew the next afternoon and arrived back in Manchester over 20 hours late.

What is the best way to proceed with compensation.

The CAA website has standard letter for complaints, should I complete this and seen a letter to TC. If so, what is the best address to send this to?

Many thanks,

pip10

I have put this together, how does it look? I didn't think the template letters i had seen included everything i thought i should put in so i have added some bits myself. This is the first time i am applying for compensation..



Address
14 May 2013
Dear Sir or Madam


Subject: Claim for 'denied boarding' flight compensation


I am writing regarding flight XXX on XXX from XXX to XXX with the scheduled departure time of XXX. My booking reference is XXXX.


The passengers in the party were XXX and XXX.


I arrived more than two hours before the flight was scheduled to depart, but was denied boarding because the flight was overbooked.


Having been denied boarding involuntarily, I was re-routed to my final destination via XXXX flight XXXX. This led to me arriving at my final destination; XXXXX late.


Under EU denied boarding regulation 261/2004, I am entitled to the sum of €400 compensation.
261/2004:

This Regulation establishes passengers' rights if:

• they are denied boarding against their will;
• their flight is cancelled;
• Their flight is delayed.

Denied boarding
In the event of flight cancellation or denied boarding, the passengers concerned have the right to:

• reimbursement of the cost of the ticket within seven days or a return flight to the first point of departure or re-routing to their final destination;
• care (refreshments, meals, hotel accommodation, transport between the airport and place of accommodation, two free telephone calls, telex or fax messages, or e-mails);
• compensation totalling:
  - EUR 250 for all flights of 1500 kilometres or less;
  - EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
  - EUR 600 for all other flights.

My scheduled flight length was XXXX long; therefore I am seeking €400 per delayed passenger in my party. The total compensation sought is €800.


I look forward to receiving the sterling equivalent within the next 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.


Yours faithfully,
XXXXX

maghater

looks fine to me