Flight delay and cancellation compensation, Thomas Cook ONLY

maghater

grazzzz wrote: »

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

I m no solicitor, but was Graham v Thomas Cook something to do with the ash cloud and loss of earnings or other expenses, nothing to do with statutory compensation for delay. You are of course correct, technical problems shouldn't normally be ecs , plus 15 hours to fix it or send a replacement out, especially if accident happened at Gatwick, which is one of TCs bases. Reading ECJs, it is expected that things go wrong, it is how airlines cope with this. Basically airlines can flog their aircraft to death, and have minimum staff involved. or they can build flexibility into their timetables an crew rosters. If they opt for the former, they shouldn't squeal when things go wrong, and disgruntled passengers start requesting their compensation. Time for a letter before action or a NWNF solicitor on the job

maghater

Vauban wrote: »

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.

Surely by making an offer, which the claimant accepted, the onus would be on TC to respond asap apologising for the error. To do nothing for weeks, then send out a cheque for a lesser amount without any explanation is a breach of that agreement. Agree that if TC mention statutory compensation, the case is weekend a bit, heavens if you cant trust a company like Thomas Cook :rotfl:

bennmark0

LittleGrandma wrote: »

We have been through the Martins Money Tips templates, sent off all of our paperwork on 19th April by Recorded Delivery, chased them on 16th May and were told that the letter was received on 5th May and it was being dealt with. Today we recived 2 letters in the same envelope. One dated 10th June apologising for the lateness of sending the letter to us (due apparently to a printing problem) and the other dated 5th June containing alot of waffle (excuses) for our 13.5 hour delay, all of which were not the real reason at all! The letter goes on to say ' In line with our obligations under Regulation 261, I would ask you to accept the enclosed voucher to the value of £1054.00. There is then more waffle and the letter goes on to say 'This is in full and final settlement of your flight delay claim with Thomas Cook, should you wish to take this further you must do so by contacting the Civil Aviation Authority'. The next paragraph supprisingly says ' Please find enclosed your voucher4 for £1054 which is paid in full and final settlement in relation to your complaint as agreed'. Erm I didn't agree to a TIME LIMITED VOUCHER! Any ideas on this? Do I really want to book again through Thomas Cook?

you do not have to accept a voucher,they did the same to me,i returned it to them and asked for a cheque,which they have just sent me

Vauban

maghater wrote: »

Surely by making an offer, which the claimant accepted, the onus would be on TC to respond asap apologising for the error. To do nothing for weeks, then send out a cheque for a lesser amount without any explanation is a breach of that agreement. Agree that if TC mention statutory compensation, the case is weekend a bit, heavens if you cant trust a company like Thomas Cook :rotfl:

I agree it's not best practice, and typically chaotic. But I don't think it changes the legal position at all. And the fact that our friend m3kal remains silent on the details of his claim ...

I know that's not the advice s/he wants to hear, but I think it's the reality. S/He is of course at liberty to start an action if they're confident, but I certainly wouldn't be. Sorry!

bennmark0

well folks, I think this will be my last post, today after seven months of phone calls,letters,rejection and even starting action with the MCOL a cheque has arrived from TC for the grand total of £2806.27.
I would like to thank everybody who has taken the time to comment on this forum your advise and information has been of great help in my claim, to those of you still fighting or about to, all I can say is don't give up.
good luck to you all

maz08

Well done Bennmark0 excellent result, im onto month 7 also just waiting for my cheque 2!!!!

lyndac40

Hi benmark0

Well done congratulations. :T

J_B

bennmark0 wrote: »

well folks, I think this will be my last post, today after seven months of phone calls,letters,rejection and even starting action with the MCOL a cheque has arrived from TC for the grand total of £2806.27.
I would like to thank everybody who has taken the time to comment on this forum your advise and information has been of great help in my claim, to those of you still fighting or about to, all I can say is don't give up.
good luck to you all

Why 'last post'?
Don't just B off now your own case is solved, hang around and see if you can return the favour to others.

bennmark0

J_B wrote: »

Why 'last post'?
Don't just B off now your own case is solved, hang around and see if you can return the favour to others.

sorry,i would always help anybody who needed advise,perhaps I should have said it was my last post moaning that TC has fobbed me off again,i'm hooked on this forum now :rotfl:

MW1948

We were delayed for over 7 hours on our return from Palma de Mallorca - 21st May 2013 flight TCX7353 , due to breakdowns with TWO of Thomas Cooks' planes .
Do I need to worry about their 28 day limit for complaints ? . My initial letter is now written ( as per FAQ draft ) and will go in the post tomorrow . Should I e-mail a copy in advance ? and if so , where to .