Flight delay and cancellation compensation, Thomas Cook ONLY

alanM_3

pip10 wrote: »

Was this a reply to an email you sent to the CEO ?

Yes pip, got a reply from Karen Borthwick

pansypotter_7

I have sent all the copies again to the same address 2-4 Godwin Street because T Cook gave me a letter when we landed at Manchester airport and it had this address on it. This time I have sent it recorded and they will receive it before 1.00pm tomorrow, so I will check on line tomorrow afternoon to see if it has been received and signed for.

MrsW86

We commenced our claim through mcol a while back. TC sent in a defence statement admitting they were in breach of Reg261/2004 but wouldn't pay as they had received no booking ref/tickets etc to prove we were booked on the flight. Thy also would not agree to the amount of interest we had claimed.although they should have records proving we were booked on the flight we sent them our booking confirmation.
On our allocation questionnaire we ticked that we are happy for mediation, TC (having missed the original deadline and after being chased by the court) have also ticked yes to mediation.
Has anyone been through mediation? How long does it take for it to happen (from when the allocation questionnaires are returned)? Will we be expected to drop our claim for interest or do we stick to our guns seeing as they have admitted liability? FYI they also stated if it goes to a court hearing they opt for our home court and won't be providing any witnesses.
Many thanks

badbobby

MrsW86 wrote: »

We commenced our claim through mcol a while back. TC sent in a defence statement admitting they were in breach of Reg261/2004 but wouldn't pay as they had received no booking ref/tickets etc to prove we were booked on the flight. Thy also would not agree to the amount of interest we had claimed.although they should have records proving we were booked on the flight we sent them our booking confirmation.
On our allocation questionnaire we ticked that we are happy for mediation, TC (having missed the original deadline and after being chased by the court) have also ticked yes to mediation.
Has anyone been through mediation? How long does it take for it to happen (from when the allocation questionnaires are returned)? Will we be expected to drop our claim for interest or do we stick to our guns seeing as they have admitted liability? FYI they also stated if it goes to a court hearing they opt for our home court and won't be providing any witnesses.
Many thanks

There is nothing to mediate on. I ticked it but told the mediator I'd only settle for the full amount. She seemed happy with that.

The only way tc can prove you weren't on the flight is to provide the list from their records, which will show you were on it.

111KAB

MrsW86 wrote: »

On our allocation questionnaire we ticked that we are happy for mediation, TC (having missed the original deadline and after being chased by the court) have also ticked yes to mediation.
Has anyone been through mediation?

I was informed you should always agree to mediation as it shows a willingness to negotiate. In my case it was useless as the airline just offered my court costs back. I was willing to drop my interest charges (I had asked for 8% but in court the judge awarded 5%) to save going to court and in court the judge noted that I had offered a degree of compromise.

Mediation isn't really a lot of use unless one side gives in - almost completely however it does show you are not completely stubborn. What I cannot quite understand with your post is that if TC have admitted liability why are they going to Court?

Vauban

MrsW86 wrote: »

We commenced our claim through mcol a while back. TC sent in a defence statement admitting they were in breach of Reg261/2004 but wouldn't pay as they had received no booking ref/tickets etc to prove we were booked on the flight. Thy also would not agree to the amount of interest we had claimed.although they should have records proving we were booked on the flight we sent them our booking confirmation.
On our allocation questionnaire we ticked that we are happy for mediation, TC (having missed the original deadline and after being chased by the court) have also ticked yes to mediation.
Has anyone been through mediation? How long does it take for it to happen (from when the allocation questionnaires are returned)? Will we be expected to drop our claim for interest or do we stick to our guns seeing as they have admitted liability? FYI they also stated if it goes to a court hearing they opt for our home court and won't be providing any witnesses.
Many thanks

Interesting that they admit that compensation is payable, but are defending on the grounds that there's no evidence you were on the flight. It is possible of course that TC do not have records going back to 2007, so how do you propose to demonstrate that, on the balance of probabilities, you were a passenger on that flight?

On mediation, my experience was even more futile. I ticked the box (I think 111KAB's advice is right on this) but the small claims mediation service claimed to have neither my nor Monarch's contact detail so simply sat on the file for a month before returning it to Northampton, for subsequent allocation to Winchester. A bit of a waste of time, but I least I showed willing ...

maghater

Vauban wrote: »

Interesting that they admit that compensation is payable, but are defending on the grounds that there's no evidence you were on the flight. It is possible of course that TC do not have records going back to 2007, so how do you propose to demonstrate that, on the balance of probabilities, you were a passenger on that flight?

On mediation, my experience was even more futile. I ticked the box (I think 111KAB's advice is right on this) but the small claims mediation service claimed to have neither my nor Monarch's contact detail so simply sat on the file for a month before returning it to Northampton, for subsequent allocation to Winchester. A bit of a waste of time, but I least I showed willing ...

Signed witness statements from friends of family who were on the flight, dropped you off at airport. Bank/credit card company would provide you with financial records from that time (for a fee) Also prepared to place a bet that TC didn't provide you with a written notice as under Article 14. OK compensation was stayed at the time, but I still believe that under the regs operators were obliged to provide this information. As you did not know that compensation could be available, why should you have kept any flight docs for 6 years?

cfpg02

cfpg02 wrote: »

Hi after refusing several times to give me the reasons for the delay to this flight TC told me if I wanted to pursue a claim I should "use more formal channels". So I have referred to my home insurers (Direct line) where I have legal expense cover. They are currently getting a solicitor to look in to the case.

UPDATE.
After some months persistence and another threat of court action from the solicitor TC never actually admitted fault, they simply sent a cheque. But they sent it for €250 per person not the €400 we were entitled to. We challenged it and after another month we got a second cheque for the balance and an apology for the "administrative error". So for 4 people we ended up with £1344.
From start to finish this took 5 months, but if it were not for this forum with all the procedural advice and template letters I would never have got anything. So, many thanks to Centipede and everyone else who has advised me along the way.

I'd also better give a mention to Direct Line, they were dead easy to deal with and the solicitor they put me in touch with was very good at communicating. To be honest he didn't do much other than repeat the process I'd been through, I was able to give him all the documents and correspondence. The letter from the Greek NEB which arrived just after I'd engaged him helped him to close it out.
Cheers. :T

maghater

Well done, and a good advert for Direct Line, certainly a speedy settlement in the general run of things .Hope the solicitor billed TC for a good wedge aswell:beer:

tigertrumps2

Anyone else on the forum on this 33 hour delay flight ?