Flight delay and cancellation compensation, Thomas Cook ONLY

sue1976

I've just received a reply from Thomas Cook stating that in order to progress further with our claim that they need proof of our booking. I only have my daughters boarding pass from the outward journey. Should this be enough? Is there anything that I can quote to them about them keeping records of everyone being on a particular flight?

Davidvgoliath

sue1976 wrote: »

I've just received a reply from Thomas Cook stating that in order to progress further with our claim that they need proof of our booking. I only have my daughters boarding pass from the outward journey. Should this be enough? Is there anything that I can quote to them about them keeping records of everyone being on a particular flight?

Standard time wasting knockback from TC. The regulations don't state you have to prove you were on the flight, and besides their passenger manifesto will show you are.

Worth checking you dont have a copy of an e-ticket or itinerary from TC or travel agent etc in your email or on your hard drive. if booked through a travel agent maybe ask if they can supply a copy. Send TC copies, not originals.

Failing that suggest;

You make a subject access request under Data Protection act asking for details of your booking and presence on flight. If there's more than one of you you would need to investigate if you need separate subject access requests for each individual, but since TC can charge up to £10 to satisfy, hopefully not.

Or

Write a notice before action, stating there records/passenger manifesto will demonstrate you were on the flight, settle within 14 days or you will commence court action.

In court they would likely have to prove you were not on the flight.

sue1976

Davidvgoliath wrote: »

Standard time wasting knockback from TC. The regulations don't state you have to prove you were on the flight, and besides their passenger manifesto will show you are.

Worth checking you dont have a copy of an e-ticket or itinerary from TC or travel agent etc in your email or on your hard drive. if booked through a travel agent maybe ask if they can supply a copy. Send TC copies, not originals.

Failing that suggest;

You make a subject access request under Data Protection act asking for details of your booking and presence on flight. If there's more than one of you you would need to investigate if you need separate subject access requests for each individual, but since TC can charge up to £10 to satisfy, hopefully not.

Or

Write a notice before action, stating there records/passenger manifesto will demonstrate you were on the flight, settle within 14 days or you will commence court action.

In court they would likely have to prove you were not on the flight.

Thanks. I replied to their email stating that they need to keep lists of all passengers who were on the flight by law (I saw a previous poster on here had the same letter and he included a copy of his reply to TC. If this fails, I will go into my local TC branch where I made the booking and ask them if they have any details.

bennmark0

after tc sent me a voucher under there obligation under reg eu 261,i returned it saying I wanted a cheque,heard nothing,so started court action,they have now stated they will fight claim,and have given a new address for the court to send documents,so it looks like fight is on

111KAB

bennmark0 wrote: »

after tc sent me a voucher under there obligation under reg eu 261,i returned it saying I wanted a cheque,heard nothing,so started court action,they have now stated they will fight claim,and have given a new address for the court to send documents,so it looks like fight is on

Stupid if they sent you a voucher, particularly if for full amount due, ~ enjoy the fight.

Mark2spark

bennmark0 wrote: »

after tc sent me a voucher under there obligation under reg eu 261, i returned it saying I wanted a cheque,heard nothing,so started court action,they have now stated they will fight claim,and have given a new address for the court to send documents,so it looks like fight is on

Shame you returned the voucher though.

maghater

5 weeks to court, and TC have now emailed to tell me that the damage caused to flight was ECs which the CAA now support. As we were delayed in Spain doesn't cut much mustard with me. Funny how they can claim support from CAA when it suits them, and ignore them when it doesnt

Vauban

maghater wrote: »

5 weeks to court, and TC have now emailed to tell me that the damage caused to flight was ECs which the CAA now support. As we were delayed in Spain doesn't cut much mustard with me. Funny how they can claim support from CAA when it suits them, and ignore them when it doesnt

Has the CAA been in touch with you directly? I am afraid that it raises again serious questions about on whose side the regulator really is on this issue. I fear it is not the passengers'.

I look forward to the CAA "declining" a case, and then the passenger going on to win in court. When this happens I hope that funny women on Watchdog hauls the hopeless CAA fellow over the coals (figuratively, of course).

111KAB

maghater wrote: »

5 weeks to court, and TC have now emailed to tell me that the damage caused to flight was ECs which the CAA now support. As we were delayed in Spain doesn't cut much mustard with me. Funny how they can claim support from CAA when it suits them, and ignore them when it doesnt

Think I would be dropping a note/email to the CAA to ask why they can support a flight out of Spain as I'm sure they wouldn't. The CAA reply should help in Court as it will be proof TC lied about the "CAA support".

cawman45

maghater wrote: »

5 weeks to court, and TC have now emailed to tell me that the damage caused to flight was ECs which the CAA now support. As we were delayed in Spain doesn't cut much mustard with me. Funny how they can claim support from CAA when it suits them, and ignore them when it doesnt

I though the CAA had referred your case to AESA which found in your favour? How on earth can the CAA now take the opposite view and side with TC? This stinks!