Flight delay and cancellation compensation, Thomas Cook ONLY

dzug1

CM66 wrote: »

I've had an email back from the CAA about this flight and they have told me its extraordinary circumstances and I can't claim blah blah blah

Neither CAA or Thomas Cook have still actually told me what the reason was....

Beyond useless!

Do you actually need to know? If the CAA have accepted it's extraordinary circumstances then that's pretty definitive.

stavros42

CM66 wrote: »

I've had an email back from the CAA about this flight and they have told me its extraordinary circumstances and I can't claim blah blah blah

Neither CAA or Thomas Cook have still actually told me what the reason was....

Beyond useless!

As I've said in previous posts the CAA have no powers and can only offer an opinion which is not legally binding in court.

bondibeach

Was anyone on this flight from Ibiza to Gatwick? My wife and I were delayed nearly ten hours because of an "unforeseen operationally significant defect and unforeseen crew shortage". TC have said these were extraordinary circumstances and we are not due compensation. The CAA tell me that as the flight originated in Ibiza they cannot help and I should contact their Spanish counterpart. I did but have not heard from them. I intend to either go through the small claims court or use one of the specilist companies to get satisfaction. I'd be grateful for any comments.

SW007_2

For those of you still trying to get compensation from Thomas Cook, this is my experience.

My claim dated back to May 2007 for my wife and myself on a flight to the Greek Island of Santorini. I had none of the documentation left that they said they required, i.e. booking invoice, flight tickets or boarding passes! I ask you, who keeps boarding passes for a simple holiday flight? I did reply and tell them had it been the inaugural flight on Concorde then those items would probably have been kept!

After that they stated that they could not take my case any further due to my not being able to provide requested documentation so I lodged a complaint with the CAA, this proved to be a complete waste of time. I told them that I was contemplating legal action and had until the 29th. May 2013 to do this (there is a six year limit on court action in the U.K.) and requested they treat the complaint with some urgency. I eventually got a reply way past the legal limit time and their response stated that due to the fact that the legal limit time had now expired, there was nothing they could do and they were closing the case!! I did remind them that the EU Regulation stated that claims could go back seven years and not six. In my opinion, the CAA are firmly on the side of the airlines and NOT the public, so don’t waste your time with them.

In the interim, after telling Thomas Cook that I had other evidence (embedded data on digital photos, an anniversary meal we booked with their rep with the leaflet showing the details of the excursions that were on offer, two of which we went on) and a picture of myself with their rep that I believed would prove in any court of law that we were in fact on the flight in question, all which they refused to accept. There was also the fact that Thomas Cook was the only airline to have flown to Santorini which could have got us there at the time in question. I found this out from the FlightStats web site. I decided then to issue a County Court Summons against them which cost me £70 to do.

Believe it or not they failed to enter any defence to my claim and consequently I have been awarded judgement by default. However, between the time the summons was issued and the judgement was awarded I received a letter from them admitting the flight delay and, with somewhat of a nerve I thought, enclosed a voucher for another holiday with them, which I refused to accept. the reason I refused to accept it was due to the fact that a) it was £47 less than my claim was for and b) it had to be used by May 2014 which was too early for us. So I sent it back as unacceptable and said I required payment in Sterling.

I have now received an e-mail from their legal department stating that they have received the court order and will make payment for the full amount, which is £749, (£679 compensation claim for my wife and myself, plus £70 court fee), but asked who the cheque should be made out to. I have replied to this e-mail and told them who to make the cheque out to (yet another delaying tactic if you ask me as the court order clearly states who payment should be made to). I also told them that I would accept payment by bank transfer, which is quicker and simpler. I am waiting to see which method of payment they use. My guess is by cheque as this means they will be able to hang on to their money that little bit longer.

In conclusion, don’t be put off by what I can only describe as delaying tactics by Thomas Cook, they know that most people do not keep the documentation they ask for and they will try to get out of paying in the hope that people will be too scared of taking county court action and, unfortunately, they are probably right. SO, IF YOU HAVE A VALID CASE, DON’T BE AFRAID TO COMMENCE COUNTY COURT PROCEEDINGS IF YOU KEEP GETTING FOBBED OFF.

ClaretBob

after sending my NBA letter i got a response saying they were still investigating, so i gave them an additional 7 days to reply before starting legal action. i have previously asked them several times to provide details of the "extraordinary circumstances" which they have ignored. We were told by the pilot on this plane that routine maintenance had over-ran which led to the delay. Doesnt seem so "extraordinary" to me Today i received the following:

I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at https://www.caa.co.uk/passenger or call the CAA for advice on 020 7453 6888.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

Kind Regards,

Jodie Garland

Do i respond again asking for the details making them aware they need to prove these facts or head straight to CCJ?

Also, if i do that does anyone recommend any no win no fee firms?

jackndaz

:T:T:T

SW007 wrote: »

For those of you still trying to get compensation from Thomas Cook, this is my experience.

My claim dated back to May 2007 for my wife and myself on a flight to the Greek Island of Santorini. I had none of the documentation left that they said they required, i.e. booking invoice, flight tickets or boarding passes! I ask you, who keeps boarding passes for a simple holiday flight? I did reply and tell them had it been the inaugural flight on Concorde then those items would probably have been kept!

After that they stated that they could not take my case any further due to my not being able to provide requested documentation so I lodged a complaint with the CAA, this proved to be a complete waste of time. I told them that I was contemplating legal action and had until the 29th. May 2013 to do this (there is a six year limit on court action in the U.K.) and requested they treat the complaint with some urgency. I eventually got a reply way past the legal limit time and their response stated that due to the fact that the legal limit time had now expired, there was nothing they could do and they were closing the case!! I did remind them that the EU Regulation stated that claims could go back seven years and not six. In my opinion, the CAA are firmly on the side of the airlines and NOT the public, so don’t waste your time with them.

In the interim, after telling Thomas Cook that I had other evidence (embedded data on digital photos, an anniversary meal we booked with their rep with the leaflet showing the details of the excursions that were on offer, two of which we went on) and a picture of myself with their rep that I believed would prove in any court of law that we were in fact on the flight in question, all which they refused to accept. There was also the fact that Thomas Cook was the only airline to have flown to Santorini which could have got us there at the time in question. I found this out from the FlightStats web site. I decided then to issue a County Court Summons against them which cost me £70 to do.

Believe it or not they failed to enter any defence to my claim and consequently I have been awarded judgement by default. However, between the time the summons was issued and the judgement was awarded I received a letter from them admitting the flight delay and, with somewhat of a nerve I thought, enclosed a voucher for another holiday with them, which I refused to accept. the reason I refused to accept it was due to the fact that a) it was £47 less than my claim was for and b) it had to be used by May 2014 which was too early for us. So I sent it back as unacceptable and said I required payment in Sterling.

I have now received an e-mail from their legal department stating that they have received the court order and will make payment for the full amount, which is £749, (£679 compensation claim for my wife and myself, plus £70 court fee), but asked who the cheque should be made out to. I have replied to this e-mail and told them who to make the cheque out to (yet another delaying tactic if you ask me as the court order clearly states who payment should be made to). I also told them that I would accept payment by bank transfer, which is quicker and simpler. I am waiting to see which method of payment they use. My guess is by cheque as this means they will be able to hang on to their money that little bit longer.

In conclusion, don’t be put off by what I can only describe as delaying tactics by Thomas Cook, they know that most people do not keep the documentation they ask for and they will try to get out of paying in the hope that people will be too scared of taking county court action and, unfortunately, they are probably right. SO, IF YOU HAVE A VALID CASE, DON’T BE AFRAID TO COMMENCE COUNTY COURT PROCEEDINGS IF YOU KEEP GETTING FOBBED OFF.

Well done absolutely fantastic news this gives me so much confidence to carry on with my fight against these crooks as my comp claim is for July 2007 :j:j:j

maghater

ClaretBob wrote: »

after sending my NBA letter i got a response saying they were still investigating, so i gave them an additional 7 days to reply before starting legal action. i have previously asked them several times to provide details of the "extraordinary circumstances" which they have ignored. We were told by the pilot on this plane that routine maintenance had over-ran which led to the delay. Doesnt seem so "extraordinary" to me Today i received the following:

I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at www.caa.co.uk/passenger or call the CAA for advice on 020 7453 6888.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

Kind Regards,

Jodie Garland

Do i respond again asking for the details making them aware they need to prove these facts or head straight to CCJ?

Also, if i do that does anyone recommend any no win no fee firms?

Don't waste anymore time, they will quite happily string you along until you die of old age. NWNF lawyers, friend of mine used EUclaim with a positive result, sounded ok, but who knows

maghater

Got them this morning, only 3 days late, still they have provided me with a nice clean copies of EC 261 / 2004, and Wallentin, will look better at court than my well thumbed copies.Also CAA regs 2005, CAA website, detailing ecs, and "referring your case to the CAA", all probably more exciting to read than fifty shades of grey, but quite irrelevant as we flew from Spain. Couple of witness statements (one not signed) saying how wonderfully well they had done to get a plane to us only 8 hours late.
Also a copy of Graham v Thomas Cook, dont know much about that, always thought it was something to do with the ash cloud. Best bit is that one of the witness statements admits that the crew were already 50 mins late due to rest period overrunning following a delay previous day. (we are talking 6.10AM).:)
As they say dont just book it, Thomas Cook it

bigbird1306

Hello guys, not posted for a while and i'm looking for advice , although ive not read this chapter from start to fininsh , its on the lines of info i need.
This morning i got off a flight from Malta that had been delayed for just over 17 hours, although TC did transfer us to a hotel, and fed and watered us, and then transfered us back to the airport, all along the reps just couldn't hold face and tell us exactley what was going on and as time moved on people were getting unsettled. When we finally landed in Manchester besides the weak appologies, we were given a letter by TC stating flight number, and times of to delay ect ect. TC are saying this is for use in claiming on your travel insurance, unfortunatley i was only covered for out going flight, my point is me and my wife lost a days pay each plus , money spent in the airport on food and drink, our dog in kennels longer the list goes on ... Do i claim from TC or except defeat because of the weak policy i took out. Sorry its a bit mumbo jumbo and spelling mistakes, Any advice please ..

backup2

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Thomas Cook.

Any posts regarding any other airline in this thread will be ignored (at least by me).

Was delayed 19 hours by Thomas Cook flight from Greece to Glasgow on the 27th June - they say no compensation is required surely this can't be right?