Flight delay and cancellation compensation, Thomas Cook ONLY

batman44

dawyldthing wrote: »

Right, they have just rung me up after I left a message on there facebook a few days ago saying they haven't contacted me within the 14 days. They have quoted:

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature which was an Engine bleed. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

I'm going to do some searching through the pages, but has people had a successful claim with such a problem?

tia

Standard response, they have not investigated anything, follow it through.

batman44

sging1 wrote: »

Bit concerned about this as well, as if this is true everyone may as well drop their claims now as this constitutes nearly all claims. What was the point in the ruling last October EC Regulation 261/2004 if the CAA wont uphold it.

I went to court recently and the judge put the decision in the hands of the CAA, even though I would still take it through the courts and am looking into getting professional legal support to take it forward and go up against the barrister they sent, as the judge admitted in court he knows nothing about this regulation at all. I don’t want to have to fight the judge and Thomas Cook so employing some expert help now to take it forward is the best anwser at the moment.

This is not leagally binding only guidance, they cannot change what the EC judgement put down without going back to court. Notice they have headed this up with a disclaimer. I am going to fight this as well and if this crops up then i am ready that airline cannot overule the EU judgement with going back to court to change it. The law is the law. (A bit like the case this week when a man wanted to die with help without the threat of action on his wife/family, the judge said I sympathise with you but I can only rule on what the law says).

Oliver_Klozoff_2

batman44 wrote: »

Question: Is a engine/compressor failure "Extraordinary". This is commonly known as Engine Stall and happened many times with all types of aircraft and can be caused by all sorts of conditions. This is what i think happened to our aircraft and the same thing happened to another Airbus a330 at Manchester on 14/6/2013, youtube videos if you want to see this happen, vary scary if your onboard. This is what happened to us, I have put a claim in and gone to CAA, still waiting. I also am investigating an aircraft that i think could have had a history of issues and i want to know how i can trace what the aircraft registration was for our flight in 2011. I cannot find anything at all by google.
Notice TC have gone into profit again this year and the CAA guidence notes pratically rule out all claims.

Forgot to mention this led to a 24 hour delay not just for us going to Manchester but the london flight as well as we had their aircraft the following day, from Montego bay back to the UK, I suspect something going on here as info is very very difficult to get hold of.

I don't know the answer to what you're asking but I would love to know also. Is there a way to tell which particular plane is used where? Our flight was flown with a different plane than we were supposed to get so I am curious where our intended plane was. Originally we were told technical defualts that led to knock on effects for the whole fleet. Their tune changed later in the day.

edtheduck_2

deadpanjohn wrote: »

I was on that flight ,my final word from Thomas Cook is "Thank you for your further correspondence. As stated in my previous letter a decision has been made on your claim and I am unable to add anything further. I have now closed your case." No explaination about EC.
Further to the heater problem and indeed the recurring problem as Thomas Cook described it. I heard on the grapevine from someone who works in Manchester airport that as well as the windscreen heater problem, the windscreen managed to get cracked and had to be replaced.
Took all the paper work to the local CAB,who agreed Ive done every thing right and thank you for your visit.
Take the chance on court action or foget about it?, the latter is looking favourite as no one despite quoting all sorts of regulations appears to really know.

Hi there, you're the only other person that I've ever seen/heard was on that flight! So what are you doing now?

I have, since this above email, contacted CAA who (I think & hope) have started investigations with TC. I emailed them just the other day having seen that there are now updated guidelines on ECs for the EU.
Unfortunately I have got a generic response, so I think I'll ring them.
I wanted to know what to do, as in the info. I got on here, I read that airlines have until the end of September to review any cases that are with them...but if the CAA were involved, it would be they who would get back to me and it would probably take a bit longer.
Hence I emailed CAA to get confirmation that they have started talking to TC.
Could anyone clarify what exactly the position is on this - I know some of you will say I should have just gone to the court but I've really held off on this in the hope I could avoid the hassle, but be in no doubt I will not let this go. If it is sorted, one way or the other by the end of September, then I'll be able to move forward.
Thanks for any advice.

mlh1511`

I have successfully sued T.Cook for compensation. But be warned they are very crafty because they convert the Euro amount at the rate ruling at the date of your holiday, in my case only £0.79 instead of todays rate of c£0.86. Consequently I lost out £70. Also they pay interest at 8% on the amount backdated from 1st October 2012.

Vauban

mlh1511` wrote: »

I have successfully sued T.Cook for compensation. But be warned they are very crafty because they convert the Euro amount at the rate ruling at the date of your holiday, in my case only £0.79 instead of todays rate of c£0.86. Consequently I lost out £70. Also they pay interest at 8% on the amount backdated from 1st October 2012.

That's great news for you! (I have always understood conversion was at the rate of the delay).

Can you give us more details about your case? Where/when/why were you delayed? When did you start legal action? How did it go? Lots of folk here will be really interested in the detail, if you can bear to write it down!

David_e

mlh1511` wrote: »

But be warned they are very crafty because they convert the Euro amount at the rate ruling at the date of your holiday, in my case only £0.79 instead of todays rate of c£0.86. Consequently I lost out £70.

I'd questioned that but seems to be the "correct" way, even though you are not getting the equivalent Euros in today's money that you should do.

Oliver_Klozoff_2

mlh1511` wrote: »

I have successfully sued T.Cook for compensation. But be warned they are very crafty because they convert the Euro amount at the rate ruling at the date of your holiday, in my case only £0.79 instead of todays rate of c£0.86. Consequently I lost out £70. Also they pay interest at 8% on the amount backdated from 1st October 2012.

What do you mean regarding the interest? When was your delay?

romanby1

mlh1511` wrote: »

I have successfully sued T.Cook for compensation. But be warned they are very crafty because they convert the Euro amount at the rate ruling at the date of your holiday, in my case only £0.79 instead of todays rate of c£0.86. Consequently I lost out £70. Also they pay interest at 8% on the amount backdated from 1st October 2012.

As far as I aware the conversion rate is the rate on the date of the delay and interest is also from the date of the delay. In our case the rate offered out of court wasn't worth arguing about.

MarcMcr

Hi guys,

We were delayed by over 10 hours on a return flight from Ibiza to Manchester with Thomas Cook in July.

We have written to Thomas Cook, but they have refused to pay out citing 'exceptional circumstances'. They have included a copy of the engineer's report, but I am not sure whether or not this would class as one one the technical problems which can no longer be considered an 'exceptional circumstance'.

I planned to take things on to the CAA, but on starting to complete their online form, it says that they won't consider the complaint as the flight originated outside of the UK.

Can anyone suggest who best to take it to next?

Thanks.