Flight delay and cancellation compensation, Thomas Cook ONLY

allybee13

bateel13 wrote: »

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'm fairly sure they gave us a different reason on the day too - they certainly didn't say it was down to industrial action. Will keep the forum posted on my progress.

Davidvgoliath

allybee13 wrote: »

I'm fairly sure they gave us a different reason on the day too - they certainly didn't say it was down to industrial action. Will keep the forum posted on my progress.

Sounds to me like this is TC's latest wheeze - where they know themselves they are liable, claim it was unspecified industrial action and hope the claimant will give up.

Stick with and insist they advise you full details of this supposed 'industrial action'. And check what they say is true before accepting it! If not, suggest you litigate and they will have to prove it to a judge (or lie in court).

Davidvgoliath

pip10 wrote: »

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..

Insist on cash, you are entitled to it and can spend it any way you see fit. The regulations specify you must be compensated in cash. They have admitted liability and your fight is almost over. If they reneged on the deal now your case would be an open and shut one in court, in my view.

Why on earth would you want to fly with TC again when their airline is such a shambles?

len49

Thanks Mark

I was looking for the name of the successful claimant or case number that I could use as a reference point. I don't think the text on the blog would be acceptable to use as evidence of precedence.

Regards

len49

pip10

Well I am willing to give them another chance if they have a holiday i fancy. And if they delay me it's tc who will lose again.

I know I am entitled to cash so I may still ask for it. Well the regulations specify cash or voucher with written agreement, not that you must be compensated in cash.

Davidvgoliath wrote: »

Insist on cash, you are entitled to it and can spend it any way you see fit. The regulations specify you must be compensated in cash. They have admitted liability and your fight is almost over. If they reneged on the deal now your case would be an open and shut one in court, in my view.

Why on earth would you want to fly with TC again when their airline is such a shambles?

steven_hargreaves

thomas cook handled my claim over the fone and within five minutes had offered me a travel voucher for £698
booked up for benidorm in august today

Mark2spark

allybee13 wrote: »

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

Under Regulation EU261/2004 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.

Spot on ally :T
I've just tweaked the first line to give the regulation it's full title.

pip10

Think Centipede you are right.

I had a refusal email yesterday to my claim for compensation re: delay. I wrote back by email last night with something similar to Allybee's post above asking for proof including full documentary evidence and mentioning the practice direction. They replied this morning, clearly just avoided my questions and provided a response which i have seen on here many times. Basically saying they remain confident that the technical fault was EC and can only suggest i contact CAA...

I have replied, repeating my email giving them 5 more working days to provide details (i won't be able to start the court procedure this week anyway) so likely i will need to start court next week..

Centipede100 wrote: »

Personally I think the time is past when you have to keep reminding the airline you will commence court action if they don't respond with a full valid defence.

billyboy69

The latest excuse now given is when you phone they say someone was in your case file earlier on and they are going to contact that person and get them to email you BUT if you have not heard anything by the end of the week do feel free to contact us again. Yeah right more expence ringing them.I am now trying a new tactic I'v found this web site called free uk court forms and links when you serch it look for the one that says luxverbi.org.uk
and form N1 which is the first form you come to is the actual courts claim form for small claims. I have typed in all the information only on page 1 and then printed it of and emailed to them saying this is now my course of action will let you know the outcome.

daz1onlym

DandMC78 wrote: »

Hi all, anyone has any news on FlightMole? Asked them to take a case on, had few prompt replies initially but now haven't heard for weeks. Is it a scam?

We have also had a case taken on by Flightmole and Hugh was fantastic in replying, but we have heard nothing since Mid April, despite us trying to contact them. Im hoping that they are indeed very busy.