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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • jackndaz
    jackndaz Posts: 29 Forumite
    Just thought I'd give an update .... John from TC has just rang me to say they have absolutely no record of me or my family being on their flight from Dalaman , even though I have the flight no and date on the baggage tag. I also said to him all of our passports have entry/exit stamps from Turkey with the said dates on but as I don't have BP, ticket stubs booking ref he cannot help me any further, he explained I could go back to the original travel agent which was Thompson and get details from them ... the shop is now closed and the premium rate telephone number of all other thompsons in my area were not worth the money or the phone call as they all said if you didn't book here we won't have your details, I have then said to him at the end of the day we were on this flight and you acknowledge it was delayed so it is up to you to prove I wasn't on this flight and that you leave me no other choice but to take it to court, am I right in saying the baggage ticket and our passports are enough evidence?
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    jackndaz wrote: »
    Just thought I'd give an update .... John from TC has just rang me to say they have absolutely no record of me or my family being on their flight from Dalaman , even though I have the flight no and date on the baggage tag. I also said to him all of our passports have entry/exit stamps from Turkey with the said dates on but as I don't have BP, ticket stubs booking ref he cannot help me any further, he explained I could go back to the original travel agent which was Thompson and get details from them ... the shop is now closed and the premium rate telephone number of all other thompsons in my area were not worth the money or the phone call as they all said if you didn't book here we won't have your details, I have then said to him at the end of the day we were on this flight and you acknowledge it was delayed so it is up to you to prove I wasn't on this flight and that you leave me no other choice but to take it to court, am I right in saying the baggage ticket and our passports are enough evidence?

    This isn't quite right. What needs to be demonstrated to the court is that, on the balance of probabilities, you were on the flight - it is ot for the airline to show that you definitely were not!

    But if you have the luggage tag, and it shows the flight number, the date and your name then I think you have met this test. If you have other info - such as a bank statement or something, that would be helpful too. But the tag should be sufficient, with the passports.
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    jackndaz wrote: »
    Just thought I'd give an update .... John from TC has just rang me to say they have absolutely no record of me or my family being on their flight from Dalaman , even though I have the flight no and date on the baggage tag. I also said to him all of our passports have entry/exit stamps from Turkey with the said dates on but as I don't have BP, ticket stubs booking ref he cannot help me any further, he explained I could go back to the original travel agent which was Thompson and get details from them ... the shop is now closed and the premium rate telephone number of all other thompsons in my area were not worth the money or the phone call as they all said if you didn't book here we won't have your details, I have then said to him at the end of the day we were on this flight and you acknowledge it was delayed so it is up to you to prove I wasn't on this flight and that you leave me no other choice but to take it to court, am I right in saying the baggage ticket and our passports are enough evidence?
    As you can bring a case against an airline for up to six years, is it not in the airlines own interest to keep passenger manifests for at least that length of time. At the time of your delay / cancellation, were you told that there was an eventuality that you may be able to claim compensation for such at some time in the future. If not, why would any reasonable person retain ticket stubs etc., for such a period of time. If all else fails signed witness statements from friends, family etc., should go a good way to supporting your claim.
  • jackndaz
    jackndaz Posts: 29 Forumite
    O M G after almost an 3 hours of searching through Jan 2007 past bank/ credit card statements I've only gone and found statement with full payment for the holiday in question ( WOO HOO) . Took these to the travel agent (who said they couldn't find me on the system over 3 weeks ago) and lo and behold there I am on their system I am now sitting with a well deserved cuppa and a huge smile as I now have in my possession my booking reference number and all details of the holiday . Ha TC stick that in your pipe and smoke it !!!!:j
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    jackndaz wrote: »
    O M G after almost an 3 hours of searching through Jan 2007 past bank/ credit card statements I've only gone and found statement with full payment for the holiday in question ( WOO HOO) . Took these to the travel agent (who said they couldn't find me on the system over 3 weeks ago) and lo and behold there I am on their system I am now sitting with a well deserved cuppa and a huge smile as I now have in my possession my booking reference number and all details of the holiday . Ha TC stick that in your pipe and smoke it !!!!:j

    Very good! But now the real hard work begins ....
  • jackndaz
    jackndaz Posts: 29 Forumite
    This is true however I feel a lot happier now that I have the booking ref no. ( as they originally said I needed that) I have to say I have spent a lot of hours searching through every single post from this forum and I have found some fantastic information that has given me the confidence to carry on with my fight. Thank you to everyone who keeps posting. I will keep you informed.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    jackndaz wrote: »
    This is true however I feel a lot happier now that I have the booking ref no. ( as they originally said I needed that) I have to say I have spent a lot of hours searching through every single post from this forum and I have found some fantastic information that has given me the confidence to carry on with my fight. Thank you to everyone who keeps posting. I will keep you informed.

    Good on yer, Jack - spending a couple of hours reading the FAQs and others' experiences is the only way you're going to get anywhere with the airlines.

    Folk who come on here to ask "My airplane was delayed by a broken engine, and the airline says it is extraordinary circumstances. Do I have a claim?" honestly are wasting their time. This stuff requires effort - and (a bit of) brain power too.

    I've stopped ranting now.
  • jackndaz
    jackndaz Posts: 29 Forumite
    Lol I know I've lost count how many times I've actually shouted at the laptop in the middle of the night at some of the repetitive questions especially the "do I have to accept a voucher".
  • maghater wrote: »
    This is typical Thomas Cook, if you read recital 14 of EC 261 / 2004, there is a list of possible ecs, a 33 hour delay is mega hefty, even by Thomas Crooks standards, also look at post 2314, just a few above this one, and you will see that the airline cannot just sit back and claim ecs for such a long delay. Yes you can use a NWNF lawyer, but it will cost you 200 Euros per person from your claim. If I was you I would read the FAQs at the start of this thread, just to get a feel for things, and then use the template letter to initiate your claim. Advise the people you are in touch with to do the same. This will start the ball rolling.

    Thankyou. I have decided to try myself. I will send the template letter to CAA and if that does not work I will then go to court. Thanks again, i will keep you posted.
  • pip10
    pip10 Posts: 137 Forumite
    Do i have to accept a voucher or can i ask for a cheque?:rotfl:
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