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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just a game off fobbing people off as a certain percentage will drop the claim at this point chilli.
    Unless they are also likely to get fined per passenger for this deplorable treatment and denial of the law then don'y expect any changes.
  • ANNA
    ANNA Posts: 227 Forumite
    Part of the Furniture 100 Posts Photogenic Combo Breaker
    edited 7 February 2013 at 5:53PM
    No response from TC to my 14 day letter before claim and Neilsons emailed that they have passed to their legal people.

    I have done MCOL Court proceedings. It has issued automatically in Northampton which will suit TC but is nowhere near me.....
  • chili2001
    chili2001 Posts: 342 Forumite
    Can we claim interest on the amount owed if I escalate this to court action? If so, from what date? The day the MCOL claim is issued? I wasn't sure if this is possible or not.
  • badbobby
    badbobby Posts: 59 Forumite
    As an update, the other people in my group were offered vouchers for £315 for one journey (i.e. €250 plus a bit more). TC rejected the second journey due to ECs.

    TC specifically would not change these for cash when I spoke to them in December 2012.

    My mates were happy to take the vouchers, since I'd done all the pursuing on their behalf.

    I wasn't happy so issued a claim for €500 (i.e. two late journeys), which they are defending - well one journey, their defence admits the first.

    I then told my mates to call TC to ask for cash again (following recent reports that they were not paying chqs out) and TC have agreed.

    So all in all they're going to court over c.£100 being the sterling equivalent of €500 less the £315 they had offered!

    I called them to query this and they said that they would still be defending it as they are certain it was ECs.
  • Hi,
    I sent off the template letter to TC for a delay of 6.5 hrs on a flight from Manchester to Zante in Sept 2012. After they told me it was a technical fault and "extraordinary", I wrote back asking for details and they responded by saying it was " a bird strike to the nose of the aircraft as it arrived in Machester on it's previous sector. This caused damage to the radome, which was out of limits and a replacement had to be brought in from Tamworth. This delay is covered by extraordinary services as the cause of the delay could not reasonably have been foreseen."
    They then gave me the address of the CAA to "verify my rights to compensation"

    So, as I understand it, it hasn't been definitely established yet whether a bird strike is "extraordinary circumstances", and my only option is to pay £70 (?) to start a court claim for 800 euros compensation? (2x passengers for 6.5 hrs delay)
    I'll have to give that some more thought before I "gamble" 70 quid on what may not turn out to be a compensation-able ( is there such a word ? ) event.
    :question:
  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    Birdstrike is not an extraordinary circumstance - you may as well check with the CAA if you want. If you want the actual figures (those reported) take a look at .... http://www.caa.co.uk/default.aspx?catid=2008&pageid=11326
  • blondmark
    blondmark Posts: 456 Forumite
    ANNA wrote: »
    No response from TC to my 14 day letter before claim and Neilsons emailed that they have passed to their legal people.

    I need to start Court proceedings. Does anyone have a sample claim (Particulars of Claim) to maybe PM to me?

    Also, can I just claim for my group or does the other person need to be a co-claimant?
    Do I sue Neilsons as well?
    Can I claim interest?
    From the date of the flight?

    Your Particulars of Claim sets out your story in an orderly numbered way, and can contain brief summaries of the paragraphs for easy reference. Each will be different, but if you check one of mine HERE you can see what sort of format they take.

    You can be the First Claimant and the rest of your group second Claimant, Third Claimant and so on.

    Interest is normally reclaimable for as long as the defendant has been resisting your claim. So if you're claiming years of interest, as I am in this example, you need to show why you left the claim so long, and the judge has discretion as to how much interest to award, if any.

    Best of luck with your claim.
  • Camerop
    Camerop Posts: 27 Forumite
    Hello everyone just wanted to say a big thank you to those who helped answer my questions. (Centipede). I was claiming back for being delayed 10 hours, i asked for £1920 to be refunded and was given a holiday voucher worth £1430. I am very pleased with this. So success!!!!!! thank you!!! :):j- Camerop
  • Camerop
    Camerop Posts: 27 Forumite
    Thank you Centipede100. Success Story. Asked for £1920 back for being delayed 10 hours, got vouchers worth £1430 today 07.02.13, so am happy, thanks everyone,dont give up!!!!- Camerop.
  • I have received an email offering me £1079 for one leg of my journey as both outbound and inbound were delayed. I have been told my outbound flight is still being investigated. I have been asking for a reason for my delays since January 2011 and have never been given any reason. I issued court papers a week ago should I just let these stand? Surely after 2 years whatever excuse they came up with wouldn't matter?? Thanks
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