Flight delay and cancellation compensation, Thomas Cook ONLY

fd1972uk

1saracen wrote: »

we were on that same flight and will be making a claim, did you get your letter from the TC rep when we landed in Manchester?

I got 2 letters. One initially when we went into Sanford showing a 10.45pm flight, and then a second letter detailing for Insurance purposes showing the flight times? Is that the one?


FD

davidswife

Gorbar wrote: »

Would you mind me asking which no. You rang. The CAA told them to pay me a few months ago & they have completely ignored it. Waiting to hear from the court but it might be worth a call, save on any more court costs

Hi Gorbar

The number I used is 08444125954, I've used it a few times and everyone I've spoke with have been really helpful.

Good Luck

martin1372

I have posted before and have raised an action at Hamilton Sheriff Court. The court hearing is on 8/8/13 and this is Thomas Cook's defence:
Explained and averred that the aircraft suffered from an electronic module sudden failure and there were no previous reports on T/O CONFIG warning system. Explained that an electronic module sudden failure is an extraordinary circumstance in terms of EU regulation 261/2004. Explained and averred that the defect could not have been foreseen. Further explained and averred that is terms of Article 19 of the Montreal Convention 1999 the carrier is not liable for damage occasioned by delay if it proves that is and its servants took all measures that could be reasonably be required to avoid the damage or that it was impossible for it or them to takes such measures. Explained and averred that in any event in terms of Article 35 of the Montreal Convention 1999 the Pursuer's claim is time barred.
This has been sent to me as Thomas Cook's defence by Simpson & Marwick solicitors.
Any opinions and advice would be appreciated.

roxysox

Vauban wrote: »

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!

I received a letter from the court that TC have until the 20th July to repy. My problem is that it states 'Nottingham' and I am in 'Belfast'

Vauban

roxysox wrote: »

I received a letter from the court that TC have until the 20th July to repy. My problem is that it states 'Nottingham' and I am in 'Belfast'

Are you sure it says Nottingham, or does it say Northampton (where MCOL claims are initially handled?). Assuming the latter, you'll get a chance to request transfer to your local court in due course.

roxysox

Vauban wrote: »

Are you sure it says Nottingham, or does it say Northampton (where MCOL claims are initially handled?). Assuming the latter, you'll get a chance to request transfer to your local court in due course.

Oh stupid me yes you are right (having a senior moment) thank you:o

supermum4

TC now want to do mediation via the court mediator after them originally saying no what can I expect them to say or ask?

Vauban

supermum4 wrote: »

TC now want to do mediation via the court mediator after them originally saying no what can I expect them to say or ask?

Not a lot, probably. There's no detailed legal discussions, etc. It's just to see whether you can settle on a sum out of court.

So what are you prepared to settle for? (Don't answer that here - they're probably reading this!) See what they're prepared to offer. Many people have said that if the airline pays them the compensation owed, as well as refunding all the court fees, they'll waive the interest charge. But then if an airline is ready to make you that kind of offer it usually means they have no confidence of winning the case, and you can probably them name your terms in any case.

For most people on here, formal mediation has had little purpose except to show the judge that you've tried to settle this out of court.

supermum4

Vauban wrote: »

Not a lot, probably. There's no detailed legal discussions, etc. It's just to see whether you can settle on a sum out of court.

So what are you prepared to settle for? (Don't answer that here - they're probably reading this!) See what they're prepared to offer. Many people have said that if the airline pays them the compensation owed, as well as refunding all the court fees, they'll waive the interest charge. But then if an airline is ready to make you that kind of offer it usually means they have no confidence of winning the case, and you can probably them name your terms in any case.

For most people on here, formal mediation has had little purpose except to show the judge that you've tried to settle this out of court.

Thanks for the quick reply I'll see what they offer but frankly I'm quite happy to let this go to court I feel much more confident that I'll win my case thanks to all the support on here you guy's are all stars and it's much appreciated so thanks again:beer:

jackndaz

Filed my Mcol on 28th June giving TC until the 17th July to reply, on the form the contact address I provided for TC was the Coningsby Road Peterborough one. I have now received acknowledgement from TC via mcol to say they only received my court papers on 9th July as they had been sent to the wrong address !!! The address I should have used is Inmoor Road, Birkenshaw, Bradford, West Yorkshire BD112PS , so once again could this be yet another TC delay tactic ? They now have 28 days from the 9th July to file a response, apparently they are going to defend my case fully !!!! Any one else who has a similar case I would advise you to double check the address you are providing for TC on your online mcol application. Will keep you up to date.