Flight delay and cancellation compensation, Thomas Cook ONLY

wendyjaycee

Mark2spark wrote: »

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.

I first contacted the CAA on 19th Dec 2012 and to date have still not received anything from them regarding their decision. I rang them today to chase up (before I received TCs defence) & they don't even answer the phone to you anymore if you select the "ongoing claim" option. There is a message which basically asks you not to waste their time by ringing to chase your complaint!! I think they had plenty of time in my case to make a decision, Useless!!

sging1

The CAA is useless as many people have said. I requested to them to look at my flight on 3rd February 2013. After several chasing e-mails I finally got a response last week saying, they can't help me any further as Thomas Cook is refusing to supply them with any information as its at the court stage. Case closed from their point of view.

This may good for my case in court as Thomas Cook has also refused a few requests from me to explain EC and didn't even put anything in the defence other than "technical issue".

I have court date this month for just a 20 min hearing so I am assuming this is just a pre hearing to say which direction to send it. Has anyone else had one of these hearings or do anyone know what I should prepare as the courts don't give any information at all. I may just prepare my full case just to be prepared.

Vauban

sging1 wrote: »

The CAA is useless as many people have said. I requested to them to look at my flight on 3rd February 2013. After several chasing e-mails I finally got a response last week saying, they can't help me any further as Thomas Cook is refusing to supply them with any information as its at the court stage. Case closed from their point of view.

This may good for my case in court as Thomas Cook has also refused a few requests from me to explain EC and didn't even put anything in the defence other than "technical issue".

I have court date this month for just a 20 min hearing so I am assuming this is just a pre hearing to say which direction to send it. Has anyone else had one of these hearings or do anyone know what I should prepare as the courts don't give any information at all. I may just prepare my full case just to be prepared.

That's interesting - I am still waiting to here from the CAA about my case (I wrote in early Jan) and started legal action at about the same time. I know that by March Monarch still had not contacted them, so the CAA said they would chase up. Of course I have heard nothing (and the CAA will no longer give updates on your case - if you call you get disconnected!).

Given some of the judgements that the CAA are coming to, I'm not that disappointed to be honest.

sging1

daz1onlym wrote: »

Had contact from flight mole today, looks like our fight is over Here is our email from flight mole;
p by ALC.

This letter is attached for your information. Thomas Cook maintain their position to the claims for compensation and have now disclosed further factual information ( although perhaps not a complete factual narrative) of the circumstances surrounding both flights. The tour operator/carrier may not have disclosed this information before and would have needed time to conduct the necessary researches

Thomas Cook maintain that certain discovered technical defects lead to the delays-and that the nature of these defects was extraordinary for the purposes of EC Regulation 261/2004.

I/you have no further supporting investigation regarding the circumstances as might have been performed by a National Enforcement Body.

I have made a decision not to advance these claims further. You should not regard this as reflecting -one way or another-on the (legal or factual) merits of the claims. I make no comment on those merits and you be best advised to obtain qualified and competent legal and technical advice on those merits should you wish to take further action in my view.

You should also therefore regard these claims as now resting unencumbered in your/the passengers hands.

You have the option to place a complaint with the hands of the operable National Enforcement Bodies ( the CAA for the outbound flight) for them to choose to investigate the complaint and whether their mediation efforts might cause the airline to alter their currently held ( but apparently firmly held) view.

Thank you for allowing ALC the opportunity of advancing the claims and regret on this occasion that ALC is not able to assist you or your co-passengers further.



Here is Thomas cooks reasons for EC

The delay for the outbound flight of 12 hours was due to a Reported Exhaust Gas Temperature issue, which upon investigations, revealed a faulty Pt20 sensor.There is no previous history of this fault,or prior indication that this component would fail.

The delay to the inbound flight of 7 hours was due to a Failed O ring,which caused a hydraulic leak.
Hydraulic leaks are not within the normal operating perameters of our aircraft. As an airline, we employ a hose replacement scheme for hydraulic systems, whereby the hoses are inspected for deterioration and replaced on a regular basis to avoid leaks or problems. As i am sure you will appriciate this does not mean that a leak will never occur.

Upon careful considoration, it is our firm view that the circumstances that caused the delays to both flights could not have been foreseen or forestalled and consequently, we regard this matter as extraordinary.

Sarah Rice
Litigation Executive.


:(:(:(:(:(:(:(:(:(:(:(

Funnily enough, even though TC won't say the pilot on our delayed flight told us it was both the primary and the secondary steering hydraulic seals that failed (both of them). The plane was still on the runway three days later.

daz1onlym

sging1 wrote: »

Funnily enough, even though TC won't say the pilot on our delayed flight told us it was both the primary and the secondary steering hydraulic seals that failed (both of them). The plane was still on the runway three days later.

Have you had any joy fighting this?

roxysox

I sent MCOL on Friday 28th June after sending NBA it to TC on 12th June,on Monday 1st July received a letter dated 26th June (not even sent 1st class) saying they have created a case and are going to investigate my concerns.
Today I received another letter dated 27th June with EXACTLY the same wording of an e-mail (attachment) they sent me on the 7th March saying that as the flight was operated by My Travel ( an airline that no longer exists even though they bought it over) their investigations have been hindered as it was operated independently of Thomas Cook. This is regrettably one of the drawbacks of submitting claims so long after a flight departure.
Despite extensive investigations we have been unable to locate the flight logs of the aircraft concerned to ascertain the reason for the delay. Without these important documents and the delay in submitting your claim has prevented us from being able to adequately investigate this claim. In view of the above we are unable to assess your claim and regret to advise that we cannot give consideration to your request.:mad:
I will just have to wait and see what happens as the flight was 10.08.2007 but at least I have the MCOL sent.
Perhaps another letter will arrive tomorrow

Vauban

roxysox wrote: »

I sent MCOL on Friday 28th June after sending NBA it to TC on 12th June,on Monday 1st July received a letter dated 26th June (not even sent 1st class) saying they have created a case and are going to investigate my concerns.
Today I received another letter dated 27th June with EXACTLY the same wording of an e-mail (attachment) they sent me on the 7th March saying that as the flight was operated by My Travel ( an airline that no longer exists even though they bought it over) their investigations have been hindered as it was operated independently of Thomas Cook. This is regrettably one of the drawbacks of submitting claims so long after a flight departure.
Despite extensive investigations we have been unable to locate the flight logs of the aircraft concerned to ascertain the reason for the delay. Without these important documents and the delay in submitting your claim has prevented us from being able to adequately investigate this claim. In view of the above we are unable to assess your claim and regret to advise that we cannot give consideration to your request.:mad:
I will just have to wait and see what happens as the flight was 10.08.2007 but at least I have the MCOL sent.
Perhaps another letter will arrive tomorrow

Remember that the onus is on the airline to prove erxtraordinary circumstances. If they've lost the records, including of companies they've taken over, that's not your problem - it's theirs!

Markie11

A number of posts have mentioned email conversation with Thomas Cook. I sent an email on Monday regarding a flight delay to customer.relations@thomascook.com, however I've not received an automated response or an invalid email address response.

So my question is ... Does anybody know if this is a correct address, if not does anybody have one?

Thanks.

soapyflyer

Hello - 1st time I've posted but been reading this thread with much interest over the last couple of weeks.

My claim relates to a 24hr delay en route from Calgary to Manchester (TCX24L) on 20 July 2007. Having read info here, I sent letters to the Peterborough and Bradford addresses setting out my claim (as per the NBA style) asking for them to respond within 14 days etc. I also sent emails to the Director's Office and Customer Relations addresses. The former seems to be the one that got the quickest response (dob@thomascook.com) as I got a reply with a reference number on the same day.

I also spoke to a lady called Sarah in the Director's Office - helpful but explained they had no record of us being on the flight. I provided them with a flight itinerary (Canadian Affair), holiday itinerary (Trailfinders), and copies of the different memos they provided to us at Calgary and Manchester airports (all scanned and emailed as PDF attachments). I also explained that I was conscious of the fast approaching 6yr deadline and that I was prepared to issue court proceedings. Just to prove I was in Canada, I provided a copy of the invoice from our hotel on the last "planned" night of holiday.

I meant to call them today to ask on status - they beat me to it and called me to say yes I'm due compensation of €600 x2 and could issue a voucher. I asked for a cheque but they said they don't issue them (some conflicting stories going on here...) but took my sort code and account number and promised payment would be in my account by next Friday.

Am still in disbelief as to how quickly this has happened...!!

Loads of good advice on this page - thanks for that

QUICK UPDATE - use these details for calling them:
Director's Office
Tel No: 01324 565 005
Opening Hours: 8am-6pm Monday- Friday.

roxysox

Markie11 wrote: »

A number of posts have mentioned email conversation with Thomas Cook. I sent an email on Monday regarding a flight delay to customer.relations@thomascook.com, however I've not received an automated response or an invalid email address response.

So my question is ... Does anybody know if this is a correct address, if not does anybody have one?

Thanks.[/QUOte
My original e-mails to Tc were an automated reply to say it had been received that is until 3 weeks ago and no reply at all even though I replied using the e-mail they sent me and I had sent 3 in that week.
I answered the letter sent to me today by e-mail but have not had an automated reply either.