Flight delay and cancellation compensation, Thomas Cook ONLY

southy1

same email we got when we complained sent nba had reply by email again yesterday citing ec again, said they had investigated the complaint and checked the planes log etc for mechanical faults before etc everything checks out ec. Sorry for that no case caa blah blah blah, sorry for delay bla bla enjoyed the rest of holiday, this is the gist as its on my daughters email. It seems that people who were delayed over 3yrs ago are getting no where with TC. So with fingers and everything else crossed off to court we go.


TCX506K Manchester to Dalaman 31st May 2010 took off told there was flashing light returned to manchester pilot burst tyre engineers on plane !!!!!!ed about waited waited waited, taxi to hotel breakfast lunch voucher airport waiting 4hrs later took off. scheduled departure 31st May MAN 1755GMT (1855 local)actual departure 1st June 2205 GMT (1105 local)

scheduled arrival Dalaman 31st May 2210GMT(1.10 local)
estimated arrival Dalaman 2nd June 0212 GMT(05.12 local)

Mark2spark

len49 wrote: »

Hi Everyone

Does anyone have any more detail than what's already on the Thomson thread about the case where Tommy's daughter won damages against Thomson Airlines at Truro County Court.

Any help appreciated.

Regards

len49

Post number 76 on this trip advisor thread gives the full SP Len.

http://www.tripadvisor.co.uk/ShowTopic-g1-i10702-k6007739-o70-Flight_Delay_Compensation-Air_Travel.html

allybee13

Finally got the following response from TC:

"Having carried out a full investigation, it would appear that the delay on this occasion was as a result of industrial action, which I hope you will appreciate were completely beyond our control. In line with Regulation 261/2004, a payment of compensation would not, therefore, be payable in these circumstances."

Is that the end of this or should I request details of the industrial action?

Mark2spark

allybee13 wrote: »

Is that the end of this or should I request details of the industrial action?

Yes, request full documentary evidence of the industrial action that purports to support their defence against your valid claim.
Remind them with the snippet from the EU261 reg which places the onus on them to 'prove' the EC, not just claim it.
State that you need to be informed by documentary evidence of all material facts before you can make a decision whether to proceed to court or not.
Whilst writing, put them on notice that if they do not supply such written evidence within 14/21/28 days (your choice) then you'll be free to commence court action without giving them further notice.

romanby1

Mark2spark wrote: »

Whilst writing, put them on notice that if they do not supply such written evidence within 14/21/28 days (your choice) then you'll be free to commence court action without giving them further notice.

There is also a Practice Direction if info is not forthcoming regarding claiming costs when the defendant does not supply the required info. No doubt someone has the reference to hand.

Mark2spark

I think Blondmark has posted a link before to the practice directions on protocols, so a search for that would be the starting point IMO.

pip10

I've had some news regarding my two flights..

I was delayed on the way out and denied boarding on the way back - not great! They have done what i expected in that they have accepted the denied boarding claim but denied the delayed claim, which according to them 'was of a technical nature'. I know when some people questioned this they received a reply saying 'it is a private matter' regarding reasons. But i think i will email to see whether they are willing to give their specific reason and to see if they give the same reason as what the pilot gave to us at the time, which is definitely not EC. Then will proceed to court - armed either knowing that they have refused to give the reason or know what their specific reason is.

Regarding the successful claim - they have offered vouchers. To be honest i might be happy to accept vouchers if i can find a holiday i want as we are going away anyway. I would not be against the idea of going with Thomas Cook. If i do decide to ask for the cash though, what would be reasonable time frame to give them to send a cheque before starting court as i'm not waiting for it for a month or two months like i have seen some people experience..

allybee13

Thanks Mark2Spark and romanby1.

I've found the Practice Direction - Pre-Action Protocol

I think I should quote Section II (4.4)(1) which states that each party should provide sufficient information to enable the other party to understand the issues and (4.6)(2) which states that in the event of non-compliance the court may make an order that the party at fault pays the costs, or part of the costs, of the other party or parties.

Am I on the right track?

allybee13

This is what I thought I'd write ... comments/feedback welcome:

Under regulation 261 the onus is on the airline to provide proof of extraordinary circumstances. Therefore, in line with this and with the Practice Direction on Pre-Action Conduct, Section II (4.4)(1), please provide full documentary evidence of the industrial action that led to the delay.

As a "full investigation" has been carried out it is reasonable to expect that this evidence will be readily to hand and therefore I shall expect to receive it within 14 days of this email, otherwise I will proceed to raise a Court Action as stated in my previous correspondence and without further notification to Thomas Cook. I would also take this opportunity to remind you of Section II (4.6)(2) of the above-mentioned Practice Direction.

bateel13

allybee13 wrote: »

Finally got the following response from TC:

"Having carried out a full investigation, it would appear that the delay on this occasion was as a result of industrial action, which I hope you will appreciate were completely beyond our control. In line with Regulation 261/2004, a payment of compensation would not, therefore, be payable in these circumstances."

Is that the end of this or should I request details of the industrial action?

See my previous post No: 2040. I have received the exact same response on 4th June 2013 from TC (after waiting for months for a reply!). I therefore wrote again on 12/6/13 asking them to provide proof of the alleged "industrial action" as this reason is completely different to the one we were given on the day of our delayed flight.

I have not as yet received their reply but if I don't hear I have been advised on this site to go through the Small Claims Court as I feel they have had enough time to provide me with these details.

So we seem to be in the same boat here - keep me posted as to your progress.