Flight delay and cancellation compensation, Thomas Cook ONLY

Jules2910

Vauban wrote: »

This letter has been reposted literally dozens of times. Have a look at the TC thread and see what others have done. It will take a bit of reading on your part - and even some hard work.

I have had a read at quite a few posts. There appears to be quite a mix of people trying to deal with the situation themselves and taking them to court and to just forgetting about it. I personally don't want to 'just forget about it'. Certainly looks like their standard email is what they are hoping people will 'forget about it' for. Apart from the delay that was a mechanical fault and how an airplane can be compared to a car having an MOT certainly doesn't give me much faith in TC, even less than before. I'm tempted to write to the Directors Office and to the CEO but unsure what to do for the best.

chili2001

Jules2910 wrote: »

tempted to write to the Directors Office and to the CEO but unsure what to do for the best.

An utter waste of your time as they probably won't even bother responding.

Take them to court yourself or get a no win no fee solicitor to do it for you.

Or you could just forget about it!

Mark2spark

You might have read a few posts Jules, but the most important one to read is the one that says;

Here is what you do.
1) Write to the airline and commence your claim, templates are in the FAQ's.

2) 14 days later, whether you have received a reply or not, write back and put them on notice that if they do not settle your legitimate claim within 14 days, you will be at liberty to commence court action for recovery of the debt, without giving them further notice.
(This is important as you need to comply with the Courts rules on pre action protocol).

3) 14 days later, commence a court claim using MCOL

Any other letter writing or phoning claim/help lines is a complete waste of time.
Whilst it's true that you might get some settlement without commencing court action, be aware that it will take several months, and even then you will probably be sent vouchers that you didn't ask for, that will involve further correspondence to rightly claim a cash payment.
For a few pounds, instigating a court claim asap brings the issue to a head far more speedily.

Vauban

chili2001 wrote: »

An utter waste of your time as they probably won't even bother responding.

Take them to court yourself or get a no win no fee solicitor to do it for you.

Or you could just forget about it!

Yep. Those are your options, in a nutshell.

If anything thinks you can "correspond" your way to your compensation, you're as daft as the airlines think you are!

Vauban

Mark2spark wrote: »

Any other letter writing or phoning claim/help lines is a complete waste of time.
Whilst it's true that you might get some settlement without commencing court action, be aware that it will take several months, and even then you will probably be sent vouchers that you didn't ask for, that will involve further correspondence to rightly claim a cash payment.
For a few pounds, instigating a court claim asap brings the issue to a head far more speedily.

The cat speaks truth, as always. I'd add one caveat: when the airline has decided they are not going to pay out, that's it. No amount of further writing seems to shift them. And frankly why would it? If one is not prepared to start legal action, the airline is setting pretty safe.

Jules2910

Vauban wrote: »

Yep. Those are your options, in a nutshell.

If anything thinks you can "correspond" your way to your compensation, you're as daft as the airlines think you are!

I get you - I guess trying to play fair is not the way to do it - that's why they constantly take advantage of people. Thanks for the advice.

Jules2910

Do you have to be named contact on the booking to do a claim or can you be one of the travelling party? My friend, who was the named contact on the booking probably won't be interested in taking it forward. I have more motivation to do something about it. Thanks.

Vauban

No you do not. Just a paying passenger.

Superhorn

I was reading an interesting article concerning Airlines now using the 2 year Limitation to bring claims / disputes to court. However, I have just found this and thought it would be of interest if TC started to go down this route.

In English law, section 9 of the Limitation Act 1980 provides that "[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]an action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date of which the cause of action accrued[/FONT][/FONT]". In light of the Mor! judgment, a 6 year limitation period therefore applies to claims brought before the English courts.

Jack Harding (he defended TC against us) wrote the article in the Travel Quarterly in March 2013.

Vauban

Superhorn wrote: »

I was reading an interesting article concerning Airlines now using the 2 year Limitation to bring claims / disputes to court. However, I have just found this and thought it would be of interest if TC started to go down this route.

In English law, section 9 of the Limitation Act 1980 provides that "[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]an action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date of which the cause of action accrued[/FONT][/FONT]". In light of the Mor! judgment, a 6 year limitation period therefore applies to claims brought before the English courts.

Jack Harding (he defended TC against us) wrote the article in the Travel Quarterly in March 2013.

That must be galling! Still, difficult for him credibly to pull the same trick twice!