Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

LisaLou1982 wrote: »

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!

At least they are taking you more seriously now! Odd how court action seems to concentrate their mind, after months of arrogant indifference ...

julie72

Davidvgoliath wrote: »

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.

thankyou for replying yes I have kept all emails from t.c stating amount they wouid pay and three stating that it had been posted that send them nba then go to small claims thanks again for ur help

LisaLou1982

Oops, just an update, the address Thomas Cook have advised of is:

Unit 4A
Adwalton Business Park
Inmoor road
Birkenshaw
Bradford
BD11 2PS

So if you are submitting a MCOL claim then use this address

chili2001

LisaLou1982 wrote: »

Oops, just an update, the address Thomas Cook have advised of is:

Unit 4A
Adwalton Business Park
Inmoor road
Birkenshaw
Bradford
BD11 2PS

So if you are submitting a MCOL claim then use this address

No, TC WANT you to submit the claim to this address as it is a semi closed office with skeleton staff. Why do they want this? If your MCOL states this as the address you are claiming against then if the claim ultimately needs to be inforced by the baliffs then suprise suprise there will be no one there!!!
ALWAYS use the head office address for any court claim: Thomas Cook Airlines Limited,
The Thomas Cook Business Park,
Coningsby Road,
Peterborough,
PE3 8SB.

LisaLou1982

chili2001 wrote: »

No, TC WANT you to submit the claim to this address as it is a semi closed office with skeleton staff. Why do they want this? If your MCOL states this as the address you are claiming against then if the claim ultimately needs to be inforced by the baliffs then suprise suprise there will be no one there!!!
ALWAYS use the head office address for any court claim: Thomas Cook Airlines Limited,
The Thomas Cook Business Park,
Coningsby Road,
Peterborough,
PE3 8SB.

I submitted my claim with the Peterborough address. TC responded on Friday with a letter to the court stating that their correspondance address was the Bradford address. If all correspondance is asked to go there, then any person submitting a MCOL claim will get the same response that i have which gives them 28 days from date of the original claim to get their defence in.

LisaLou1982

Just for anyones info this is the letter i received today:

Dear Sir/Madam

Re Case no xxxxx LisaLou1982 v Thomas cook retail ltd

acknowledgement of service to your claim gas been filed today, which is attached for your information. The defendant now has a total of 28 days from the date of service of the claim to file a response.

Please note that if your case is transferred to a county court for a hearing at a future date, you will need to forward the Acknowledgement of Service to the court for the file.

....

yours faithfully.



Then attached - from TC

URGENT BY FAX (no surprise there then!)

Dear Sirs

LisaLou1982 v Thomas Cook Tour Operations Ltd

We enclose acknowledgement of service for filing at court.

Kindly note our correct reference as stated above. we would be grateful if you would include this on all future court orders and correspondance

and within the acknowledgement of service -

Address to which documents about this claim should be sent inc reference:

Unit 4A
Adwalton Business Park
Inmoor Road
Birkenshaw
Bradford
BD11 2PS

J_B

sging1 wrote: »

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.

And how long has that message been saying two weeks?

Maybe a month?

:huh:

pip10

Thoughts on my NBA please? Just put it together through various posts i found on here..



Denied boarding flight compensation – Notice before Action


Flight number: xxx
Date: xxx
Booking Ref: xxx
Passenger names: xxx
Amount claimed: xxx


I am writing to you regarding our claim for denied boarding flight compensation. We arrived for our flight (detailed above) more than two hours before the flight was scheduled to depart, but were denied boarding due to operational reasons. Having been denied boarding involuntarily, we were re-routed to our final destination via xxx. This led to us arriving in xxx some x hours and xx minutes after the scheduled arrival time at xxx hours.


I note that I have not received a reply to my previous correspondence (copy attached) sent by royal mail signed for post on xxx, which you received on xxx. Therefore, it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.


Under EU denied boarding regulation 261/2004, I am entitled to the sum of €400 compensation as the scheduled flight length was 3046 kilometres. I am seeking €400 per delayed passenger in my party therefore the total compensation sought is €800.


Relating to denied boarding, the judgment in ECJ case C-22/11 Finnair Oyj v Timy Lassooy ruled:

1. The concept of ‘denied boarding’, within the meaning of Articles 2(j) and 4 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons.
   
   
2. Articles 2(j) and 4(3) of Regulation No 261/2004 must be interpreted as meaning that the occurrence of ‘extraordinary circumstances’ resulting in an air carrier rescheduling flights after those circumstances arose cannot give grounds for denying boarding on those later flights or for exempting that carrier from its obligation, under Article 4(3) of that regulation, to compensate a passenger to whom it denies boarding on such a flight.

You have failed to provide any evidence of extraordinary circumstances that would deny the claim therefore I consider this amount due.

In closing, I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.


I therefore put you on notice that if you do not settle my claim before the end of this 21 day period, I will be at liberty to commence legal proceedings for this compensation, plus interest, without giving your company any further notice.


I look forward to receiving the sterling equivalent within the next 21 days. Please also note that I will not accept travel vouchers.


Yours faithfully,

Vauban

Looks good to me Pip. Let's hope you don't have to press the big red button marked "Court", and that the airline sees sense ...

sging1

Can anyone advise. I now have my day in court or should I say a 20min slot. Problem I have is that its in a couple of weeks but I am out of the country until the following week. There is no guidelines for this with the court papers. What normally happens when you cant make the date the court gives.