Flight delay and cancellation compensation, Thomas Cook ONLY

ANNA

M2S,
Yes I have a court date end of Aug.
TC already filed & served a Defence in reply to my Particulars of Claim.
I think I will copy the letter from CAA where CAA say that TC failed to reply.

Mark2spark

Well I didn't go to court with my claim, but it appears to me from reading the various threads, that you now dissect their defence, point by point, by referencing the case law of Wallentin and Sturgeon, by printing it out, and using a highlighter pen, and prepare a court 'bundle' with everything clearly labelled numerically.

paynie

I travelled with Thomas Cook to Tenerife flight TCX2456 last year, 5hr 53 min delay. They didn't say what the problem was but they had to get a plane flown to Manchester from Lanzarote, well thats what they said.
I have looked on the TC website for an address to write to but cant find one, the online email forms are all down at the moment. Does anyone know the address

WSBJ

Hi first time on here, need a bit of advice please. Myself and 5 members of family were due to fly with Virgin Atlantic from Manchester in April 2005 on a Sunday. Passengers due to leave on the Saturday couldn't cos plane crashed into terminal building! so they had to have our flight on the Sunday morning and we had to stay at the airport for 24 hours and leave on the Monday. Made a claim at the time (2005) but wasn't successful due to grey area with "denied boarding" claims. When this changed recently i re-submitted the claim, and was declined as wasn't within the 6 years. I re-sent everything including all correspondence from 2005 saying i had previously made a claim within the timescale. they've sat on this for 2 months and i've had a letter today saying they're aware i made a claim in time, but as we're now out of time, they can't assist. Can anyone with legal knowledge tell me whether i've got anywhere left to go with this? many thanks

Vauban

WSBJ wrote: »

Hi first time on here, need a bit of advice please. Myself and 5 members of family were due to fly with Virgin Atlantic from Manchester in April 2005 on a Sunday. Passengers due to leave on the Saturday couldn't cos plane crashed into terminal building! so they had to have our flight on the Sunday morning and we had to stay at the airport for 24 hours and leave on the Monday. Made a claim at the time (2005) but wasn't successful due to grey area with "denied boarding" claims. When this changed recently i re-submitted the claim, and was declined as wasn't within the 6 years. I re-sent everything including all correspondence from 2005 saying i had previously made a claim within the timescale. they've sat on this for 2 months and i've had a letter today saying they're aware i made a claim in time, but as we're now out of time, they can't assist. Can anyone with legal knowledge tell me whether i've got anywhere left to go with this? many thanks

Sweet Mary Mother of God - I think this is the third time I have written this today. But why not once more?

You are unfortunately out of time - court action must be taken within six years of the incident, even though technically you can claim from the airline back to 2005.

laineybabes

i, I have had an ongoing delayed flight with TC since November 2012. Flight was going to Orlando summer 2012 and was delayed for 3 hours 59 minutes, actually it was more but on the official time page it shows above! The reason was because a tannoy system in the toilet wasn't working, not even the main body of the aircraft, but a toilet. I have followed all advice, procedures, templates short of contacting CAA but TC are refusing to budge and state it was an extraordinary circumstance. I am now aware of new rulings that came into force in JULY 2013.
Can anyone give me correct advice as to whether or not a tannoy not working is either a technical fault(then I know I should get compensation) or if it is classed as an extraordinary circumstance beyond the airlines control.
I have today sent them an update with the link to the new ruling and I will contact the CAA in the end should they refuse again.Anyones advice or similar complaint would be of great interest. Thanks:(

niclaw

hi
I have just emailed a template letter to thomas cook regarding my flight delay on 26/6/13.
my flight was delayed by 3 n half hours due to a bird flying in to the engine of another plane in reus thus Thomas cook having to re arrange their fleet.
does anyone know if I stand to get compensation?
thanks

Vauban

niclaw wrote: »

hi
I have just emailed a template letter to thomas cook regarding my flight delay on 26/6/13.
my flight was delayed by 3 n half hours due to a bird flying in to the engine of another plane in reus thus Thomas cook having to re arrange their fleet.
does anyone know if I stand to get compensation?
thanks

You have a very good case - using your plane to fill a hole elsewhere is not extraordinary circumstances.

macatelier

macatelier wrote: »

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?

Just had a reply from TC:

Thank you for your further correspondence. As stated in my previous email a decision has been made on your claim and I am unable to add anything further. I have now closed your case.

If you are still unhappy with the outcome you need to refer your claim to the CAA and they will contact Thomas Cook on your behalf.

So they won't provide any proof of the supposedly "technical fault". Looks like a trip to court then!

m19rts

I will ask them to send funds via BACS rather than one of their vouchers.

Any point on trying to claim for our baby?

Jonahmaul wrote: »

The compensation guide on here says they have to give you cash if you request it.

m19rts wrote: »

Hi All,

Just got an email from Thomas Cook this morning.

They have offered £1052 in Thomas Cook vouchers (£526 each for my wife and I).

I have 2 quick questions regarding this:

1. Should I bother arguing for compensation for my baby (considering we did not actually buy a ticket for her, but just paid some taxes).

2. A voucher has been emailed to me, but is not signed by anyone as it is a PDF. Do I need to insist that a signed voucher is sent to me in the post?

Once again, I would really like to thank everyone for their help and advice in this matter.