Flight delay and cancellation compensation, Thomas Cook ONLY

Dingle12

Result �������� after tc telling me I wasn't delayed for the time I've said and them closing the case back in April telling me to go to CAA if I want to take it further. I've found an email for someone a lot higher in Thomas cook I emailed them today at 12.30 and got a call by 4pm telling me I should have a claim and they have no idea why I've been told my flight was not delayed. I've even got money put into my bank. Massive thanks to the powers that be at Thomas cook.

Mark2spark

deleted

It was a reply to dingle above that was no longer applicable as I hadn't seen the final reply about money in the account.

Mark2spark

Soo5ie wrote: »

I wonder if anyone has heard of this as an excuse not to pay statutory compensation?
TC replied to and declined my request for compensation on the grounds of our aircraft being in for routine maintenance when the CAA turned up unexpectedly to carry out a 'spot check'/Audit of their maintenance procedures that had just been carried out which caused a 9hr 15 minute overnight delay for us

Pathetic.
If you've read any of the thread or other threads you'll realise by now that the airlines will say just about anything in the hope that you'll go away and forget it.
A good proportion of people do, and as there is no punishment for the airlines to adopt this course of subterfuge then they will persist as it makes them money.
Your course of action now is NBA and court, or a NWNF firm, or walk away.

Soo5ie

Mark2spark wrote: »

Pathetic.
If you've read any of the thread or other threads you'll realise by now that the airlines will say just about anything in the hope that you'll go away and forget it.
A good proportion of people do, and as there is no punishment for the airlines to adopt this course of subterfuge then they will persist as it makes them money.
Your course of action now is NBA and court, or a NWNF firm, or walk away.

I've read most of them 'phew' - and I'm not going away!! They have contradicted themselves however, the letter they issued on arrival at Manchester said the delay had been caused by 'unforeseen technical defect etc' - this was a blatant lie and I have it in writing! Like you say, they'll use any excuse!
On the flip side a friend received a voucher yesterday for 1000.00 for a 6 hour delay caused by a baggage hold problem - no quibbling and no excuses!
There doesn't seem to be any continuity to the way they handle complaints.........

picardygirl

Soo5ie wrote: »

I wonder if anyone has heard of this as an excuse not to pay statutory compensation?
TC replied to and declined my request for compensation on the grounds of our aircraft being in for routine maintenance when the CAA turned up unexpectedly to carry out a 'spot check'/Audit of their maintenance procedures that had just been carried out which caused a 9hr 15 minute overnight delay for us :mad:, the aircraft never came for us in the end and an alternative aircraft was sourced from Manchester and we had to return to that airport in order to be transferred back to EMA by coach. Thomas Cook says this was 'extraordinary circumstances' owing to the fact they did not and could not have known it was going to happen!
I would expect the CAA to carry out Audits without any notice so they can ensure that airlines are performing routine maintenance checks properly in-line with and according to regulation and I would expect the airline to know that this has happened before and can happen again at any time therefore they should be prepared!
I have contacted my Family Legal Cover provided by my Insurer since my Travel Insurance policy is useless. Does anyone have any experience of this excuse having been used before or any advice as to what I should do next? Thanks

Sounds like a lot went wrong with Thomas Cook on 3/7/13, we were in Turkey, but our friends were flying into Dalaman to meet us from LGW on 3/7/13, they got over a 9 hour delay, instead of departing LGW at 0900 they eventually departed after 1830 that night! Was you on the return flight from Dalaman that day ..... there delay was a technical delay which resulted in a part being delivered from Germany during the day which would have had a knock on effect to the passengers waiting at Dalaman.

They have written and awaiting a reply, we have written too, we had a nearly 5 hour delay coming home 13/7/2013, technical issue, we were initially delayed for 1.5 hours then boarded to find a technical fault to be made to sit on runway for 3 hours whilst the problem was sorted, over an hour to sort the problem then another hour to wait for paperwork to be faxed/emailed from Manchester to allow us to take off, then they disconnected the ground power before we were ready, resulted in another half hour delay ..... lets see what responses we get!

VOB72

Update - Just had letter from AESA, who I initially wrote to at end of April. They state they have received no reply from TC within the specified time limit and have found in my favour! Looks like they gave TC 8 weeks to provide a report. They go on to say TC 'haven't proved EC.........and should pay the amount of compensation claimed'. It'll be interesting to see what TC do now, as I issued MCOL earlier this month and they have yet to respond to my claim.

So, looks like AESA are doing a better job than the CAA here in UK - at least they are giving an opinion in the matter. But I know my fight's not won yet..................

lwyatt2001

hi could anybody please help me AESA have told me that Thomas cook should payout on my claim to compensation Thomas cook have still said no what do I do now Thomas cook just wont budge on this and still keep saying that it is exceptional circumstances even though AESA have looked into it and all the reports if anyone can advise on next steps thanks in advance x

romanby1

lwyatt2001 wrote: »

hi could anybody please help me AESA have told me that Thomas cook should payout on my claim to compensation Thomas cook have still said no what do I do now Thomas cook just wont budge on this and still keep saying that it is exceptional circumstances even though AESA have looked into it and all the reports if anyone can advise on next steps thanks in advance x

NBA with a copy of the AESA report and a 14-21 day response time otherwise fun and games in court if it ever gets that far. Looks like they do not have a leg to stand on.

Mark2spark

I'm pretty sure it says in the FAQ's somewhere that the course of action is:

1. Write and commence claim.
2. Write NBA letter.
3. Issue Court proceedings.

Simple as that really. Writing to a foreign AESA will incur a judges remarks of 'they don't have jurisdiction in a UK court' so there's little point unless you know how to advocate with a judge.

chili2001

Mark2spark wrote: »

I'm pretty sure it says in the FAQ's somewhere that the course of action is:

1. Write and commence claim.
2. Write NBA letter.
3. Issue Court proceedings.

Simple as that really. Writing to a foreign AESA will incur a judges remarks of 'they don't have jurisdiction in a UK court' so there's little point unless you know how to advocate with a judge.

Surely that goes the same for the CAA then? It is only their opinion at the end of the day.