Flight delay and cancellation compensation, Thomas Cook ONLY

sging1

maghater wrote: »

Thomas Cook
Customer Relations
2-4 Godwin St.,
Bradford
West Yorkshire
BD12ST
Tel 08448798136. www.thomascook.com/customer-relations
Opening hours mon-fri 9-5.30
Wouldn't bother ringing, waste of time, they make suitable sympathetic sounds, keep you hanging on for hours, never contact you when they say they will get back, and when you ring them back, they claim to have no record of your earlier call. Suggest email or post, that way you can keep a record of your dealings.

This e-mail contact form has been withdrawn with the excuss "they are enhancing their submission form which is expected to take two weeks to complete", we'll see.

grazzzz

I have had the defence back from TC today and need advice .My plane was delayed for 15 hours from Antayla back in May 2009. When we were collected from the hotel to catch the flight we were told the plane hadnt even left Gatwick yet eventually an alternative plane was sourced at Stansted and after a 15 hour delay we were taken to Stansted and bused back to Gatwick.

I have some points in there defence i want some advice on as they are claiming EC i took them to court as i beleive it cant be EC as my flight was a knock on as the cracked glass happened on a previous flight .
Until today TC refused to tell me in writing why the flight was delayed it was on said verbally at the airport on the day .
So my queries re there defence are :

there point 8 reads
The claiments right to compensation in respect of the flight delay is denied.The claiment did not fail to be compensated under the regulation or at all because the said delay was due failure of the no 1 window on said aircraftwhich required the window to be replaced.Furthermore there was no history of previous fault in respect of the window and as such the fault constitutes an extraordinary circumstance within the meaning of the said regulation spicifically at recitals 14 and 15 of the preamble to said regulation.

9.Further more or in alternative and pursuant to the court of appeal in Graham & Anor v Thomas cook group uk ewca civ 1355 it is averred that the claimant has no private civil cause of action against the defendant.

10 Furthermore the defendant requires Clarification of the individuals on whose behalf compensation is claimed.
11.it is therefore denied that the claimant is entitled to compensation as it is alleged and the defendant denies it is liable to the claimant for the amount claimed or at all


As a technical issue has been deemed no excuse as ec and since my flight was not the flight the window cracked on as it hadnt left gatwick bringing the outbound passengers
what would you suggest i do
Thanks

climberguy

I sent the template suggested by mse website to Thomas cook over 2 months ago and I've heard nothing back. Has anyone else been ignored? Or should I just wait longer?

Superhorn

grazzzz wrote: »

I have had the defence back from TC today and need advice .My plane was delayed for 15 hours from Antayla back in May 2009. When we were collected from the hotel to catch the flight we were told the plane hadnt even left Gatwick yet eventually an alternative plane was sourced at Stansted and after a 15 hour delay we were taken to Stansted and bused back to Gatwick.

I have some points in there defence i want some advice on as they are claiming EC i took them to court as i beleive it cant be EC as my flight was a knock on as the cracked glass happened on a previous flight .
Until today TC refused to tell me in writing why the flight was delayed it was on said verbally at the airport on the day .
So my queries re there defence are :

there point 8 reads
The claiments right to compensation in respect of the flight delay is denied.The claiment did not fail to be compensated under the regulation or at all because the said delay was due failure of the no 1 window on said aircraftwhich required the window to be replaced.Furthermore there was no history of previous fault in respect of the window and as such the fault constitutes an extraordinary circumstance within the meaning of the said regulation spicifically at recitals 14 and 15 of the preamble to said regulation.

9.Further more or in alternative and pursuant to the court of appeal in Graham & Anor v Thomas cook group uk ewca civ 1355 it is averred that the claimant has no private civil cause of action against the defendant.

10 Furthermore the defendant requires Clarification of the individuals on whose behalf compensation is claimed.
11.it is therefore denied that the claimant is entitled to compensation as it is alleged and the defendant denies it is liable to the claimant for the amount claimed or at all


As a technical issue has been deemed no excuse as ec and since my flight was not the flight the window cracked on as it hadnt left gatwick bringing the outbound passengers
what would you suggest i do
Thanks

Search Google Thomas Cook v Harbord see first search result (AG)

sue1976

climberguy wrote: »

I sent the template suggested by mse website to Thomas cook over 2 months ago and I've heard nothing back. Has anyone else been ignored? Or should I just wait longer?

I sent my letter about 2 months ago and haven't heard anything back from them. I also emailed them and haven't had a reply from that either.

julie72

Thomas cook said they wouid pay my compensation payout week after 5th april then it was in post for next two weeks,now have ignored me for four weeks,spoke to someone on Thomas cook site who said customer relations wouid contact me a week ago.they didn't.heard today id hear in 28 days.shouid I put a claim into m.c.o.l or is it a waste of time,as theyve agreed to pay me just stalling with cheque
thanks:j

Davidvgoliath

sue1976 wrote: »

I sent my letter about 2 months ago and haven't heard anything back from them. I also emailed them and haven't had a reply from that either.

They are clearly swamped by claimants - just look at the number of posts and viewings on this thread compared to BA, say, or Easyjet.

Many of us have been through years of delay tactics, being ignored, & months to answer correspondence.

Do not bother, you will likely get nowhere.

You have three choices really;

• Engage a no win no fee company to take your case on and accept your payout - if any - will be reduced by their success fee.
  
• Write an NBA giving them 14 days to respond or you will take them to court
  
• Walk away.

Davidvgoliath

julie72 wrote: »

Thomas cook said they wouid pay my compensation payout week after 5th april then it was in post for next two weeks,now have ignored me for four weeks,spoke to someone on Thomas cook site who said customer relations wouid contact me a week ago.they didn't.heard today id hear in 28 days.shouid I put a claim into m.c.o.l or is it a waste of time,as theyve agreed to pay me just stalling with cheque
thanks:j

Do you have it in writing that they will pay compensation? If yes, it seems to me you have a solid case and I would suggest an NBA giving them 14 days to pay, or you will take them to court and seek court costs and interest as well.

If you had agreement verbally, then where the calls recorded by them? If so, you could request a subject access request under the Data Protection act with specific focus on copies of all recorded calls. Then proceed to court with this as evidence.

pip10

I think the couple of posters who have left it two months or so - you're doing exactly what TC would like you to do. They will hope that you give up and go away.

I think you have to do the NBA now, to show you mean business (if you do mean business that is). Set your timescales in your letters and stick by them. Is it your problem that they don't have enough staff?

Always send your letters signed for so you know they have been received.

LisaLou1982

Hi All

Just to update, the time is now up for TC to respond to my MCOL application. They responded on 24th May with an acknowledgment before service stating that the Bradford Address is their main correspondance.

They have also said that they will defend the claim in full so i await with baited breath as this will be the first time theyve even bothered to respond!