Flight delay and cancellation compensation, Thomas Cook ONLY

macatelier

TCX 2774 2nd August 2011 - Manchester to Marmaris

Well I thought mine was an open and shut case as we had a "missing" pilot. The pilot arrived 4 hours later and announced on the plane to everyone that he'd had a long 4 hour drive up the motorway in order for him to take us to our destination.

However, I've had the same standard letter responses from TC. The latest one in response to my NBA is:

I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at[linkremoved]or call the CAA for advice on 020 7453 6888.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

I sent my reply as follows:

We are in receipt of your reply dated 28/07/2013.

You state that "On receipt of [your] initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay". A full investigation should have/will have been undertaken and logged at the time of the delayed flight. We request that you produce a copy of the aircraft's log for the said flight in order to confirm the cause of the delay and copies of other relevant data which likewise confirms delay reasons.

It is also recorded that two policemen were called to stand at the gate as some passengers were becoming annoyed about the reason for the flight delay. The time and purpose of police assistance is logged.

Upon arrival to the plane and prior to take off , the pilot announced the reason for delay over the speaker system to every passenger on the aircraft.

Although you remain "confident" that the "technical fault" was "extraordinary", your confidence does not mean that you are correct. Although you "do not believe that a payment under the rules of the scheme is relevant in this particular case", your belief does not make you correct.

We disagree with your confident conclusion. We are fully aware that, under the legislation of EU Law, we are entitled to compensation.

Once again we await your reply and accompanying documentation of proof of delay.

Once again, as previously stated, if necessary, this compensation claim will be referred to the courts.

TC are just coming out with blatent lies!!! There was no technical fault - unless the pilot was a robot! They've got till 4th August to cough up otherwise its court. But I'd rather them settle out of court cos surely they must know they don't have a leg to stand on?

Luke1991_2

blondmark wrote: »

Ask for a verbatim copy of the full investigation they say they conducted to be sent to you within 14 days, failing which you will issue proceedings for the compensation due to you under EU Reg. 261/2004. Then sue.

And did you notice the disclaimer that the content of that email only reflects Daniel Malloy's views and not the views of Thomas Cook!

By the way that correspondence is not legally privileged and accessing, disclosing, copying, distributing or relying on it is not a criminal offence.

What clowns!

Thanks,

I replied with this:

To whom it may concern at Thomas Cook Customer Relations,

Since technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim, then should you be claiming any such defence I should be grateful if such details could be provided to me along with the verbatim copy of the full investigation that you conducted within 14 days of the date of this correspondence.

Should you neither settle my claim in full nor provide a full defence to my claim within the above time-scale, I reserve the right to issue legal proceedings without giving you further notice in writing under EU regulations 261-2004.

Regards,

Markie11

Are there any other websites you can use to find flight details?

I used flightstats.com but it just returns Unknown

The flight is TCX6219 on 28th June 2013

jackndaz

:TCHEQUE HAS ARRIVED:j

results

Markie11 wrote: »

Are there any other websites you can use to find flight details?

I used flightstats.com but it just returns Unknown

The flight is TCX6219 on 28th June 2013

Copied off flight stats?

DEPARTURE ARRIVAL
Scheduled Departure: Scheduled Arrival:
6:20 PM - Fri Jun-28-2013 8:10 PM - Fri Jun-28-2013
Actual Departure: Estimated Arrival:
6:22 PM - Fri Jun-28-2013 9:45 PM - Fri Jun-28-2013 (runway)
Departure Gate: 16 (Terminal 1)

spreadtrader

Hi
I have recently received the reply from the caa quoting the new guidelines saying that they are now returning the complaint back to the airline for reassessment.
I have contacted the airline and they say they have received nothing so does this mean we are being given the run around by the caa as there is no reference number on their email so there is no way of tracking the results.
On a brighter note another claim I had was paid out without any argument and received over £1400 via voucher which was refused and bacs payment is on its way.

Cj12

Hi all,

I had an 11 hour flight delay on my way to Jamaica 2 years ago and filed a compensation claim through a no-win no-fee solicitors as I'm too busy to deal with the paperwork.

After their 27% commission has been taken both my boyfriend and I have been awarded £360 compensation each, bearing in mind our whole package holiday for 2 weeks all inclusive was £1012pp I'm really pleased that we're getting just shy of 1/3 of the total cost back!

I only filed the claim 3 weeks ago and Thomas Cook agreed to pay up a few days ago so I'd urge everyone to try it as it appears they haven't fought it with my solicitors.

Good luck everyone!

Mark2spark

I'm afraid I've gone into meltdown as I spotted a glimpse of the 'it's like a car breaking down' reason for denial :mad: :wall:

Caz3121

macatelier wrote: »

TCX 2774 2nd August 2011 - Manchester to Marmaris

Flightstats shows the plane left 3 hours and 10 minutes late but does not show the arrival time which is the time that counts. Do you have confirmation that the actual arrival time was over 3 hours?
(I was on a flight on Saturday that left 55 minutes late but arrived only 25 minutes late)

Fifefamily

Fifefamily wrote: »

Hi there, Excellent site with great information.

Last week I used the link given at the first page for Thomas Cook Customer Services to email a claim for the delay on our flight TCX473 Sandford to Manchester on 12/10/12. I have not received any confirmation email that it has been received, should I send the template letter by post also.

Thanks

Just an update that I rec'd a reply from Thomas Cook on 27/7/13 with a Case Reference number and that the matter is under investigation!