Flight delay and cancellation compensation, Thomas Cook ONLY

bateel13

Thanks Stavros, will probably do an MCOL.
Just curious if this response has been given to any other TC client also
as I have not seen it on any previous posts.

MrsW86

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 ...

Thank you, the grammar in my op is appalling (up feeding the baby!), we have sent tc and the court a copy of our booking confirmation and one of our boarding card stubs to prove we were on the flight. We'll keep our fingers crossed for a smooth mediation

stavros42

MrsW86 wrote: »

They weren't prepared to comment on whether interest is payable and how much so I assume they are looking to the courts for this to be decided. Our claim relates to a flight from 2007 and I guess they hoped we would drop it/they could drag it out so the 6 year deadline passed. The cynic in me also thinks that maybe they want our case to go over the 6 years so if we win anyone else on our flight can't use it as a precedent to also claim compensation.

If it goes over 6 years nobody else will be able to claim any way and small claims courts do not set precedents only higher courts do that.

MrsW86

stavros42 wrote: »

If it goes over 6 years nobody else will be able to claim any way and small claims courts do not set precedents only higher courts do that.

This is my point, if we receive compensation after the 6 years is up no one else on the flight will be able to claim knowing that we have been successful (we started our journey trying to get compensation from tc months ago and have come up against the usual delay tactics). Precedent was not meant in legal terms, sorry for any confusion.

roxysox

Vauban wrote: »

If they can't find the logs, they must give you the money. The Regulations insist compensation must be paid unless the airline demonstrates Extraordibary Circumstances. If they can't do that, because they can't find the records, they must pay up. You'll probably have to start court action though!

Yes I am sorting out N.B.A. now I will e-mail them and also send a registered letter just to make sure.

Also in June 2007 it was announced that My Travel UK was to merge with Thomas cook Airlines. The merger was completed in March 2008 and the rebranding of My Travel Airways was completed in may 2008.

Thomas Cook are trying to say that My Travel was an independent company when I took my flight August 10th 2007.

I will keep my fingers crossed and hope I do not run out of time.
I have been writing to T.C. since the 7th November 2012, does this count within the time limits?

any comments appreciated

Vauban

roxysox wrote: »

Yes I am sorting out N.B.A. now I will e-mail them and also send a registered letter just to make sure.

Also in June 2007 it was announced that My Travel UK was to merge with Thomas cook Airlines. The merger was completed in March 2008 and the rebranding of My Travel Airways was completed in may 2008.

Thomas Cook are trying to say that My Travel was an independent company when I took my flight August 10th 2007.

I will keep my fingers crossed and hope I do not run out of time.
I have been writing to T.C. since the 7th November 2012, does this count within the time limits?

any comments appreciated

Two quick points:

1. It does not matter that MyTravel were independent when you flew: when TC took over, they took over all their assets and liabilities, which means they are liable for the compensation.

2. It does not matter for how long you have been corresponding with the airline for the purposes of the 6 year limit. This limit applies to your ability to bring a legal action in court. If you have not lodged the court application (MCOL or the paper form) by the sixth anniversary of your flight, you cannot take it to court. The clock has not stopped for you. It is ticking. Loudly.

doz123

Only a suggestion but I think it would be a good idea for a page tobe set up with all successful claims received, stating date time destination and compensation received, so others cansee if they are entitled to claim.

Now I do not know how to dothat, but someone out there with computer knowledge would.

Mark2spark

doz123 wrote: »

Only a suggestion but I think it would be a good idea for a page tobe set up with all successful claims received, stating date time destination and compensation received, so others cansee if they are entitled to claim.

Now I do not know how to dothat, but someone out there with computer knowledge would.

Yes it's already set up and in the main forum section, along with FAQ's etc.

ells1982

I've had a reply from TC saying that my delays were due to 'technical reasons' which means they wont pay out, as this is 'extraordinary circumstances'. However the letter we were handed on the day of the delay, stated 'operational reasons', and once we boarded the pilot told us it was "because planes were not where they were meant to be".

I'm going to challenge their refusal to pay, principally because their reasoning contradicts and also because I'm led to believe technical difficulties do not constitute 'extraordinary circumstances'. Does anyone have any advice on how I should go about this? Our delays were 7 hours so we are well within the limits for claiming.Thank you.

111KAB

ells1982 wrote: »

I've had a reply from TC saying that my delays were due to 'technical reasons' which means they wont pay out, as this is 'extraordinary circumstances'. However the letter we were handed on the day of the delay, stated 'operational reasons', and once we boarded the pilot told us it was "because planes were not where they were meant to be".

I'm going to challenge their refusal to pay, principally because their reasoning contradicts and also because I'm led to believe technical difficulties do not constitute 'extraordinary circumstances'. Does anyone have any advice on how I should go about this? Our delays were 7 hours so we are well within the limits for claiming.Thank you.

Question them by all means however it is highly likely you will need to take them to Court.