Flight delay and cancellation compensation, Thomas Cook ONLY

katbal1987

Just wondering if anybody else has attempted to claim for a delayed flight from Manchester to Zante on 6th Sep 2012. I have all documentation including letter given at check-in to advise flight was delayed but seems like very long-winded process to get anything back.

lyndac40

Hi Katbal,

14 days for 1st letter 7 days for 2nd letter then court if no joy its not that long winded if you feel you have a valid claim. £2500.00 better in my pocket than the airlines who didn't give a stuff that they stuffed up 2 days of our holiday.

Lynda x

maghater

katbal1987 wrote: »

Just wondering if anybody else has attempted to claim for a delayed flight from Manchester to Zante on 6th Sep 2012. I have all documentation including letter given at check-in to advise flight was delayed but seems like very long-winded process to get anything back.

Quite agree, but TC do not play fair, and delay, and deny just for the hell of it. If you don't fancy it, there is always the option of a no win no fee solicitor. Why should they be allowed to get away with it

supermum4

Morning all just been reading the Sturgeon and Wallentin judgements so I have a better understanding of these cases for when I go to court:) some complex reading, mind you I didn't understand half of it a big thanks to Centipede for his help and advice and I hope everyone who wins something doesn't forget who helped them without the help on here most of us wouldn't have a clue it's good to have some support so cheers guy's

m3kal

Ok so made a claim myself to them and weeks later have a letter of an offer! We accepted there offer and over the phone asked for a cheque! 5 weeks later cheque comes only half the amount they offered me, spoke to them on the phone they told me it was an error and left me basically there!

Totally not happy as they had over a mth to update me explain etc etc and i got nothing but half what i expected. So for that reason and for causing me unnecessary stress Ive taken the case to the CAA with full proof of there offer.

They cant get away with this poor service as we're not just talking about a week here, they had over a mth to explain. I want what they offered me and I accepted it.

I await the CAA response now.

maghater

m3kal wrote: »

Ok so made a claim myself to them and weeks later have a letter of an offer! We accepted there offer and over the phone asked for a cheque! 5 weeks later cheque comes only half the amount they offered me, spoke to them on the phone they told me it was an error and left me basically there!

Totally not happy as they had over a mth to update me explain etc etc and i got nothing but half what i expected. So for that reason and for causing me unnecessary stress Ive taken the case to the CAA with full proof of there offer.

They cant get away with this poor service as we're not just talking about a week here, they had over a mth to explain. I want what they offered me and I accepted it.

I await the CAA response now.

The CAA has absolutely no power, all you can do is write, state your case, and advise them unless the pay up in full within 14 days you will take them to court, which is what I am afraid it will come to

m3kal

maghater wrote: »

The CAA has absolutely no power, all you can do is write, state your case, and advise them unless the pay up in full within 14 days you will take them to court, which is what I am afraid it will come to

yes i think i will thanks. Its not good tho is it from a well known company. They made me an offer i accepted and only pay half!!!!!

Ive got all the proof req for the judge to see. So they dont have much hope as they left me hanging for over a mth with not letter nor email etc and not one apology.

Vauban

maghater wrote: »

The CAA has absolutely no power, all you can do is write, state your case, and advise them unless the pay up in full within 14 days you will take them to court, which is what I am afraid it will come to

The CAA argue that in most cases where they have ruled in a passenger's favour, the airlines have paid up. But the real problem is getting an answer out of the CAA: I wrote to them on the 8 January, and - despite chasing - have still to have a substantive reply. When I spoke to them in late April they confirmed that Monarch airlines had still not responded to their original letter. Since then, if you phone them, the CAA have said they no longer provide updates on live cases as it is impeding their work. How long is it reasonable to wait, I wonder? (I started court proceedings months ago).

Vauban

m3kal wrote: »

yes i think i will thanks. Its not good tho is it from a well known company. They made me an offer i accepted and only pay half!!!!!

Ive got all the proof req for the judge to see. So they dont have much hope as they left me hanging for over a mth with not letter nor email etc and not one apology.

I think this depends, to be honest. You don't necessarily have a slam dunk case. If an offer was made in error, it doesn't follow that they are obligated to stand by it. It's your statutory entitlement that will hold more water.

I asked you previously for more detail on your flights - distance, time delayed, and number of passengers. Only then can you tell whether how much were you offered relates to your entitlement or not.

grazzzz

I have already posted this but had no replies
I have had the defence back from TC and need advice .My plane was delayed for 15 hours from Antayla back in May 2009. When we were collected from the hotel to catch the flight we were told the plane hadnt even left Gatwick yet eventually an alternative plane was sourced at Stansted and after a 15 hour delay we were taken to Stansted and bused back to Gatwick.

I have some points in there defence i want some advice on as they are claiming EC i took them to court as i beleive it cant be EC as my flight was a knock on as the cracked glass happened on a previous flight .
Until today TC refused to tell me in writing why the flight was delayed it was on said verbally at the airport on the day .
So my queries re there defence are :

there point 8 reads
The claiments right to compensation in respect of the flight delay is denied.The claiment did not fail to be compensated under the regulation or at all because the said delay was due failure of the no 1 window on said aircraftwhich required the window to be replaced.Furthermore there was no history of previous fault in respect of the window and as such the fault constitutes an extraordinary circumstance within the meaning of the said regulation spicifically at recitals 14 and 15 of the preamble to said regulation.

9.Further more or in alternative and pursuant to the court of appeal in Graham & Anor v Thomas cook group uk ewca civ 1355 it is averred that the claimant has no private civil cause of action against the defendant.

10 Furthermore the defendant requires Clarification of the individuals on whose behalf compensation is claimed.
11.it is therefore denied that the claimant is entitled to compensation as it is alleged and the defendant denies it is liable to the claimant for the amount claimed or at all


As a technical issue has been deemed no excuse as ec and since my flight was not the flight the window cracked on as it hadnt left gatwick bringing the outbound passengers
what would you suggest i do
Thanks