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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • willarikk
    willarikk Posts: 28 Forumite
    Its my view that they will pay out when clearly at fault. It would cost far too much money in court fees, solicitor fees etc to try and defend the undefendable.

    I for one would not hesitate to defend myself when not at fault, so I would imagine if TC proceed to court its because they feel they can defend a claim. And in those circumstance will most probably win!

    But thats just my view!!
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    willarikk wrote: »
    Its my view that they will pay out when clearly at fault. It would cost far too much money in court fees, solicitor fees etc to try and defend the undefendable.

    I for one would not hesitate to defend myself when not at fault, so I would imagine if TC proceed to court its because they feel they can defend a claim. And in those circumstance will most probably win!

    But thats just my view!!
    Look at it this way, on this forum Thomas Cook have clocked up well over 100,000 viewings with 1,815 posts. British airways have 15,300 viewings, and 252 posts. British Airways have roughly 9 times as many planes as Thomas Cook, So if Thomas Crook was run aswell as BA it would be reasonable to expect them to have about 1700 viewings, and 28, posts. If we reverse the scenario and Ba were as [EMAIL="!!!!"]!!!![/EMAIL] as TC they would have 900,000 viewings and 16,300 posts!
    TC have brought it on themselves, they have been under resourced for a decade, and trying to run the airline with a business plan that belonged to the 1980s. Instead of investing in the business they continued to pay dividends. I wish I had known all this before flying with them
  • willarikk
    willarikk Posts: 28 Forumite
    I for one will continue to fly with Thomas Cook, look at this way when considering the frequency of failure on their part, I fly on average 3 times a year, so when considering economies of scale, it wont belong before they have to pay out to me again!!
    :beer: :rotfl:
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    willarikk wrote: »
    I for one will continue to fly with Thomas Cook, look at this way when considering the frequency of failure on their part, I fly on average 3 times a year, so when considering economies of scale, it wont belong before they have to pay out to me again!!
    :beer: :rotfl:
    Cant knock a bit of positive thinking, best of luck
  • bgwuser
    bgwuser Posts: 45 Forumite
    DELAY CALCULATION
    After reading a number of posts where people are close to the golden 3 hour time delay - please remember that the delay is the difference between your scheduled ARRIVAL time at your destination and the actual arrival. i.e it is NOT the delay in your departure time.
  • lwyatt2001
    lwyatt2001 Posts: 9 Forumite
    hello can anyone pls tell me how long it is for the nba in spain to get back to you :)
  • cawman45
    cawman45 Posts: 13 Forumite
    Hi there; the CAA referred our case with all our supporting evidence to the Spanish NEB; AESA, on 14th Jan; AESA acknowledged receipt in a letter to us 24th Jan also telling us they had requested a report from TC.

    We wrote a very polite letter to AESA on 17th March requesting an update; they sent us a letter 2nd April saying TC had replied to them 15th March quoting "unexpected flight safety shortcoming". AESA has dismissed this as extraordinary circumstance further saying we are due compensation. They copied the letter to TC.

    So; to cut a long story short about 3 months in our case but very much worth the wait in our opinion.

    Needless to say TC has sent a std EC response to our NBA so we are filing MCOL today and have asked AESA for a copy of the TC report.

    AESA 'ruling' has no jurisdiction but we will use as part of our submission.

    hope this helps and the very best of luck.
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    cawman45 wrote: »
    Hi there; the CAA referred our case with all our supporting evidence to the Spanish NEB; AESA, on 14th Jan; AESA acknowledged receipt in a letter to us 24th Jan also telling us they had requested a report from TC.

    We wrote a very polite letter to AESA on 17th March requesting an update; they sent us a letter 2nd April saying TC had replied to them 15th March quoting "unexpected flight safety shortcoming". AESA has dismissed this as extraordinary circumstance further saying we are due compensation. They copied the letter to TC.

    So; to cut a long story short about 3 months in our case but very much worth the wait in our opinion.

    Needless to say TC has sent a std EC response to our NBA so we are filing MCOL today and have asked AESA for a copy of the TC report.

    AESA 'ruling' has no jurisdiction but we will use as part of our submission.

    hope this helps and the very best of luck.
    In the same position myself got my letter from AESA finding in my favour in November, off to court in July. Makes a mockery of the entire system . Wrote to my (liberal) MEP about it (chose them because they are strongly pro Europe) she was quite supportive . My advice is to keep building you case, and only use the AESA to support it, not to build your case around
  • cawman45
    cawman45 Posts: 13 Forumite
    Fully agree, thanks good (?) to know someone in a similar position to us: quick question - what date did you use for when the money became due on the MCOL forms? Flight date or date of first letter, 28 days from letter? Any thoughts most welcome, apologies if this already posted elsewhere
  • monkeyspanner
    monkeyspanner Posts: 2,124 Forumite
    edited 19 May 2013 at 11:00AM
    I am considering resurrecting our claim for compensation regarding a 24+hr delay in the departure of flight TCX026K ( TCX 026K) from Gatwick to Calgary on 18/12/2010 due to leave at 10.30am

    The delay was triggered by a short snow storm prior to boarding. Eventually we were called to the departure gate at around 15:00 and then informed at 16:00 that due to the crew being out of time the plane was delayed until 09:15 on 19/12/2010, eventual departure was 10:35 on 19/12/2010.

    We had to remain in Gatwick overnight and throughtout the delay were given no assistance in terms of meal vouchers or any offer of overnight accomodation or assistance in securing accomodation.

    My last communication with Thomas Cook was 7/2/2011 to which no reply was received. Their last letter fell back on waiting for the ECJ's decision re: Sturgeon/Block decision.

    We did receive from TC a £45 cheque between the 3 of us for meals.

    Has anyone had a successful claim for this flight? Any suggestions welcome.
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