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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 2 July 2013 at 2:23PM
    Superhorn wrote: »
    I contacted my MP and MEP and both didn't wish to help. It's for the courts to decide on each case.

    I did make my MEP write to CEO of TC though as I told him he works for me.

    Waste of time.
    I wrote to the Liberal (thought seeing as how they are pro- Europe) for our area Durham I have Fiona Hall but she was very supportive, was going to ask a question in the chamber about it
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    6 days to court , and Thomas Cook have sent me another 35 pages of technical bumf they are intending to use in their defence. Obviously been onto the court who have "noted it". Off the record I was told to write to the judge, claim foul, big business against the individual etc.
    Hidden away in the middle of it, is a statement from the airport worker who caused the accident, and thus the delay, stating he was working under pressure as TC flight was already one hour late (due to crew needing to complete rest period 6.10 AM!), and had to delegate staff to other aircraft. Surely that's implicating TC in being at least partially to blame for the delay
  • chili2001
    chili2001 Posts: 342 Forumite
    supermum4 wrote: »
    Hi all just an update have just received a reply from the CAA and they have sided with Thomas cook they say no compo is payable in my case :( I have also just received my court date but I don't know what to do now as have to pay another £160 in fees and after my CAA letter i'm feeling a bit down :( has anyone else had this kind of CAA letter and then gone ahead an won in court?
    thanks for all the help and support I've received on here your all stars :)

    Funny that the CAA have started doing this more and more. Anyone might think they were biased in some way? They are funded by the airlines after all.
  • AndyPearce
    AndyPearce Posts: 7 Forumite
    Hi all, have read the start and end of this thread (but not most in between) and wondered if anyone had an opinion of my chances of a successful claim for the following;

    20/6/2013 - Me and my wife plus 5 kids booked on flight from East Midlands to Lanzarote. Plane took off on time but due to a hydraulic leak had to return to the Uk after an hour of flying. Circled Manchester for more than an hour to burn fuel and then once landed sat on the plane for more than another hour. Eventually shipped to a hotel for 2 hours sleep before being sent back to Manchester airport at 3am. Flight took off from Manchester at 7am ish and arrived almost 15.5 hours late. Given a letter on the flight to claim off our holiday insurance.

    I'm guessing TC will claim EC? What chances have I got of fighting it?
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    maghater wrote: »
    6 days to court , and Thomas Cook have sent me another 35 pages of technical bumf they are intending to use in their defence. Obviously been onto the court who have "noted it". Off the record I was told to write to the judge, claim foul, big business against the individual etc.
    Hidden away in the middle of it, is a statement from the airport worker who caused the accident, and thus the delay, stating he was working under pressure as TC flight was already one hour late (due to crew needing to complete rest period 6.10 AM!), and had to delegate staff to other aircraft. Surely that's implicating TC in being at least partially to blame for the delay
    Maghater - i think you can probably object to this very late "evidence" being usable by TC. They will certainly have to have the agreement of the Judge, I suspect, but if it is admited, go to town on the employee admission. Keep repeating it over and over again.;)
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • maghater
    maghater Posts: 349 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    AndyPearce wrote: »
    Hi all, have read the start and end of this thread (but not most in between) and wondered if anyone had an opinion of my chances of a successful claim for the following;

    20/6/2013 - Me and my wife plus 5 kids booked on flight from East Midlands to Lanzarote. Plane took off on time but due to a hydraulic leak had to return to the Uk after an hour of flying. Circled Manchester for more than an hour to burn fuel and then once landed sat on the plane for more than another hour. Eventually shipped to a hotel for 2 hours sleep before being sent back to Manchester airport at 3am. Flight took off from Manchester at 7am ish and arrived almost 15.5 hours late. Given a letter on the flight to claim off our holiday insurance.

    I'm guessing TC will claim EC? What chances have I got of fighting it?
    You should have quite a good shout, technical issues aren't normally regarded as Ec, but happening in mid flight might give you a problem. The fact that you were delayed by more than 15 hours should be a clincher, Manchester is TCs base so should of got you away much earlier, look at Egalatis v Latvia air (sorry for spelling) in FAQs, recital 14 of EC 261/2004, not to mention Wallentin. Just for the record, how many times have TC claimed ECs for hydraulic problems on this thread?
  • wendyjaycee
    wendyjaycee Posts: 35 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    Just received TCs defence & surprisingly they now admit liability & say they will be sending a cheque for the full amount. So that's now 3 payouts that I know of for this flight!!
  • J_B
    J_B Posts: 6,813 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    So that's now 3 payouts that I know of for this flight!!

    You'd better tell us which flight it was then. :D
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    supermum4 wrote: »
    Hi all just an update have just received a reply from the CAA and they have sided with Thomas cook they say no compo is payable in my case :( I have also just received my court date but I don't know what to do now as have to pay another £160 in fees and after my CAA letter i'm feeling a bit down :( has anyone else had this kind of CAA letter and then gone ahead an won in court?
    thanks for all the help and support I've received on here your all stars :)

    Any chance of posting the CAA response?
    I'm finding more and more that the CAA are up to their armpits, siding with the airlines. Has anyone heard of any airline being hauled over the coals yet by the CAA and had a fine or action taken against them, even for blatant lying?
    Like Monarch for the 50% reduction?
    Or Thomson for the two year cop-out?
    Deeply suspicious in my book.

    I can't wait until someone wins a court case despite the CAA finding the other way. You should be the first supermum :T :T
    Your case is rock solid IMO.
  • wendyjaycee
    wendyjaycee Posts: 35 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    j_b wrote: »
    you'd better tell us which flight it was then. :d

    tcx2108 manchester to larnaca 22-08-12
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