Flight delay and cancellation compensation, Thomas Cook ONLY

blondmark

Centipede100 wrote: »

The solicitors are wrong!

They are quoting a judgment Graham v Thomas Cook from last year in the Court of Appeal which has now itself been superceded by another ECJ ruling, that of Denise McDonagh v Ryanair. The relevant paragraphs in this ruling are 18-25 on Admissibility: http://curia.europa.eu/juris/document/document.jsf?text=&docid=133245&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=313367

Yes the solicitors are wrong, but I don't think they're relying on Graham v Thomas Cook, as that case merely established that damages in addition to compensation are not payable.

Of course consumers can enforce their right to compensation through the English courts. What planet are they on?

VOB72

I've had the same letters today - including the 'printer problem' letter!

TiheosHristis

Bert2013 wrote: »

To #2057, I was booked on the return flight from Corfu on 3rd June and we were not told any info as to the technical fault( only a letter back at Glasgow stating 'An unforeseen operationally significant defect which required rectification prior to further flight'). We were taken to Messonghi beach resort for dinner because of the delay, 8hrs 50mins, where I got food poisoning to take home(I've only just recovered). Happy days!
I sent off my template letter today. I assume from the wording of their statement they will claim exceptional circumstance.
does anyone know the Scottish equivalent to the small claims court?
Thanks

Thanks for the heads up Bert2013. Now you know what happened. Hopefully a couple more people will turn up and back it up. It does not seem like exceptional circumstances to me.

I'm emailing my letter now.

Good luck and send me a pm if you hear back. I'll do too.

stephga23

Hi,

I've received the standard printing letter too today but also a letter advising the flight wasn't delayed for the qualifying time, it was, I was on it! It arrived 3.5 hours later then scheduled.... Flightstats don't have any information, does anyone have any advice please?

Mark2spark

krissyporter wrote: »

According to the firm of solicitors,

1) "private citizens are barred from bringing a claim solely under the denied boarding regulations".

2) "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".

1) What a crock!

2) Ask for examples.

flippineck_2

I was also on the Glasgow 9hr delayed flight on 03/06/13.
The pilot informed us that the flight would have been OK to go to Corfu however they would have been unable to pick up any passengers due to the fault, he said that he appreciated that this was nothing to do with us but that it would be better to get the TC engineers to fix the fault at Gatwick so that the passengers in Corfu could get home.
My wife has called Falkirk today and gave the details (as the TC website advises the form is changing).
They called back with a case number and advised that we are entitled to compensation(no offer yet)
I await further details by Email

lucas574

Anyone that was on flight tcx304L Antalya to london gatwick 24/6/2010

romanby1

stephga23 wrote: »

Hi,

I've received the standard printing letter too today but also a letter advising the flight wasn't delayed for the qualifying time, it was, I was on it! It arrived 3.5 hours later then scheduled.... Flightstats don't have any information, does anyone have any advice please?

It is up to the airline to prove you wrong.
Small Claims court or MCOL if you are sure of your facts.

romanby1

flippineck wrote: »

I was also on the Glasgow 9hr delayed flight on 03/06/13.
The pilot informed us that the flight would have been OK to go to Corfu however they would have been unable to pick up any passengers due to the fault, he said that he appreciated that this was nothing to do with us but that it would be better to get the TC engineers to fix the fault at Gatwick so that the passengers in Corfu could get home.
My wife has called Falkirk today and gave the details (as the TC website advises the form is changing).
They called back with a case number and advised that we are entitled to compensation(no offer yet)

I await further details by Email

Sounds like they are admitting liability. Don't hang on too long for the compensation if it doesn't arrive within say 7 10 days write quoting the claim No. asking for the details. If not satisfactory response NBA and then court.

michael_f

Hi.

I am currently trying to claim for compensation for my delayed flight. The flight was TCX6027 on 30th July 2012 Corfu to Newcastle.

I am currently debating between going at it myself, or using a claims company. Could anyone advise what happens after you raise a claim on MCOL. I am trying to decide if it would be easier to do it myself. If not, could anyone recommend a good no win no fee claims company please?

Thanks in advance