Flight delay and cancellation compensation, Thomas Cook ONLY

stavros42

maghater wrote: »

Beg to differ, we are talking about legislation from the ECJ. We are depending on that legislation to get our compensation, TC are trying to hide behind it. Article 16 gives member states the power to delegate bodies to enforce these regs. Granted suing TC for your compensation is a civil matter, however a positive response from a NEB should be a hefty weight behind your case, obviously you need to back it up with other relevant evidence.

Any Foreign equivalent of CAA does not hold any sway in the UK because they have no Jurisdiction in this country and even if they did it is only an opinion.

maghater

stavros42 wrote: »

Any Foreign equivalent of CAA does not hold any sway in the UK because they have no Jurisdiction in this country and even if they did it is only an opinion.

I agree that it is only an opinion, but it is the opinion of a competent authority. Under EU law all NEBs have equal authority in their own territory. If your flight was delayed overseas you have no other option than to go to the relevant NEB, if UK courts are going to ignore this, not much point in having EU legislation, so might as well quit the EU now, would certainly suit me. Two points, with support from NEb you have a much stronger case than without, and secondly if an airline continues to disregard the findings of the NEB, they are leaving themselves open to sanctions.

Ayianapa

Hi, my return flight on 24/08/11 from Larnaca to Gatwick was delayed for 27 hours for reasons such as they didnt have a plane to fly us out on as the incoming one was stuck in spain or something like that, and we were put in a hotel over night. All the other hours we were either stuck in the airport or on the tarmac. In the end after 27 hours we were flown back on a spanish airline which was old and to make matters worse they were unable to take our luggage on the plane as it was too heavy so they left in in cyprus as delivered it to my address in the UK 2 days later.
I wrote to them and all they offered me was a £50 voucher which had to be used within one year. Not good enough
I want to know if i can claim now considering the new judgement in october. What made things worse is that the thomas cook staff all left on an earlier flight to the uk and we were left in the hands of a spanish captain who had no idea what was going on.

Ayianapa

maghater wrote: »

I think they have been taking the water out of you for long enough, time for NBA

hi whats the address to make a claim? i was given a customer relations address in Bradford

krissyporter

As I didnt want the hassle of heading to the small claims court myself and I didnt want any no win no fee claim handler taking a cut of potential winnings, I decided to appoint my travel insurance company to deal with my case (after all the refusals etc from Thomas Cook).

According to the firm of solicitors,

"private citizens are barred from bringing a claim solely under the denied boarding regulations. This is due to the appliation of the englihs courts of the european regulation. Whilst the european regulation has to be applied accross Europe, each member state applies the rules slightly differently. The application of the English Courts is that the wording of the Regulation refers to you being entitled to "compensation". This ahs been viewed as being different from "damages". In the English Courts, you can only claim for damages.

Following this ruling, there have been a number of cases which have been struck out of the Court. It is likely that any court proceedings taken in this matter would be struck out.

Being barred from taking your claim to the Court does not mean you are barred from attempting to extract compensation from the airline. You are merely stopped from using the Courts as a tool to achieve this."

The solicitors are now writing to TC on my behalf again and if they continue to argue the EC defence then the solicitors request a detailed explanation.

So - another wait and see what TC say. Though I am hoping they wont try the palm off to a firm of solicitors as they do with individual members of the public.

stavros42

maghater wrote: »

I agree that it is only an opinion, but it is the opinion of a competent authority. Under EU law all NEBs have equal authority in their own territory. If your flight was delayed overseas you have no other option than to go to the relevant NEB, if UK courts are going to ignore this, not much point in having EU legislation, so might as well quit the EU now, would certainly suit me. Two points, with support from NEb you have a much stronger case than without, and secondly if an airline continues to disregard the findings of the NEB, they are leaving themselves open to sanctions.

In one of the posts earlier the judge threw out one of the foreign NEBs because of jurisdiction issues. My take on that is that only NEBs in their own countries can carry any "clout". In this country the CAA are overwhelmed by complaints and I go by my previous posts that the CAA who are funded by the airlines are a waste of time.

chili2001

krissyporter wrote: »

As I didnt want the hassle of heading to the small claims court myself and I didnt want any no win no fee claim handler taking a cut of potential winnings, I decided to appoint my travel insurance company to deal with my case (after all the refusals etc from Thomas Cook).

According to the firm of solicitors,

"private citizens are barred from bringing a claim solely under the denied boarding regulations. This is due to the appliation of the englihs courts of the european regulation. Whilst the european regulation has to be applied accross Europe, each member state applies the rules slightly differently. The application of the English Courts is that the wording of the Regulation refers to you being entitled to "compensation". This ahs been viewed as being different from "damages". In the English Courts, you can only claim for damages.

Following this ruling, there have been a number of cases which have been struck out of the Court. It is likely that any court proceedings taken in this matter would be struck out.

Being barred from taking your claim to the Court does not mean you are barred from attempting to extract compensation from the airline. You are merely stopped from using the Courts as a tool to achieve this."

The solicitors are now writing to TC on my behalf again and if they continue to argue the EC defence then the solicitors request a detailed explanation.

So - another wait and see what TC say. Though I am hoping they wont try the palm off to a firm of solicitors as they do with individual members of the public.

That can't be right. It's not what my solicitor says! Are you sure they are not just trying to put you off court action if the insurance company is footing the bill?

stavros42

krissyporter wrote: »

As I didnt want the hassle of heading to the small claims court myself and I didnt want any no win no fee claim handler taking a cut of potential winnings, I decided to appoint my travel insurance company to deal with my case (after all the refusals etc from Thomas Cook).

According to the firm of solicitors,

"private citizens are barred from bringing a claim solely under the denied boarding regulations. This is due to the appliation of the englihs courts of the european regulation. Whilst the european regulation has to be applied accross Europe, each member state applies the rules slightly differently. The application of the English Courts is that the wording of the Regulation refers to you being entitled to "compensation". This ahs been viewed as being different from "damages". In the English Courts, you can only claim for damages.

Following this ruling, there have been a number of cases which have been struck out of the Court. It is likely that any court proceedings taken in this matter would be struck out.

Being barred from taking your claim to the Court does not mean you are barred from attempting to extract compensation from the airline. You are merely stopped from using the Courts as a tool to achieve this."

The solicitors are now writing to TC on my behalf again and if they continue to argue the EC defence then the solicitors request a detailed explanation.

So - another wait and see what TC say. Though I am hoping they wont try the palm off to a firm of solicitors as they do with individual members of the public.

Then why did the airlines not use this in my case and others? Think you have to change your solicitors.

krissyporter

stavros42 wrote: »

Then why did the airlines not use this in my case and others? Think you have to change your solicitors.

Have there been any success/fail stories of individuals taking TC to the courts and winning/losing via a judges decision? Im not sure I can change the solicitors as it's via my travel insurance company? In any case I will have to wait and see what TC say to the solicitor.

lyndac40

Hi Krissyporter,

Have a look here https://forums.moneysavingexpert.com/discussion/4573907 there are also loads of up and coming court cases. There has been 1 lose so far 16 wins.

lynda x