Flight delay and cancellation compensation, Thomas Cook ONLY

allybee13

I'm filling out the court forms and I'm struggling a bit with how much detail to put.

Is there a template or guidance on what information to include and in any particular order? I can't see anything on the FAQ page and I think the Scottish forms might be different to the MCOL forms. There is a big blank area for filling in the details of the claim or I can attach a statement of claim.

Items I'm fairly certain should be included are:

1. A statement of the regulation that I am claiming under (261/2004).
2. Details of the date and timings of the delayed flight and the passengers' names.

Other than that, I'm stumped.

Do I give them a list of the correspondence to/from TC and should I attach copies of these (which include our boarding passes)?

Do I state that TC have failed to provide sufficient information to prove the industrial action or do I leave it to the court to decide that?

What address do I use for TC? Should I use the Bradford address? I saw earlier that they have used this to stall a case.

Help would be appreciated as I don't want to overstep my boundaries with the court or put something that will get it thrown out as it's going to cost me £71 to lodge this.

TIA
Ally

orangebag8558

In a six day turn around, I have had success... Waiting for the bacs payment to go in now. Keep on going because I had no flight ticket ect, all I had was the booking reference which I had to call Thomas Cook, the branch I booked through to get my reference!

I rang them rather than sending a letter and I also submitted it online, i told them on the phone that there wasn't anywhere to write extra details at which point I said that there was no point in saying my welfare was taken care of because £5 no where near compensates for 8hr delay and I also said that I knew that sending our aircraft for a problem in a different location didn't stand as 'extraordinary circumstances'. I covered every basis from looking at their excuses to the other customers posting on this board.

Good Luck!

111KAB

rosgrech wrote: »

What happens when information on Flight Stats tells you that that flight did not exist?

Dalaman to Gatwick 27 Oct 2011 flight TCX1703 - we were certainly put on it, admittedly 3+ hours late and consequently missing our Nat XP booking to the other side of England - but that's the correct flight number.

What to do next?

Don't worry about it - if you are sure the delay was 3 hours+ then proceed with the claim.

maghater

Defeated
Despite having a ruling from AESA saying Thomas Cook had not proved ECs, and should therefor pay me compensation, and quoting Sturgeon (68 ish) that airlines have the right to claim compensation from 3rd parties causing the delay, my claim was dismissed on the grounds of probability. TC rabbited on and on about the CAA saying this, and that, importance of safety etc. I tried to argue that CAA were not the NEB responsible etc. Probably unfortunate date 8/7, which was the day after a bad accident in America.
Given my time over, I would opt for a no win no fee lawyer, TC obviously know the game, and how to stretch the rules going right back to my first letter to them over a year ago, right up to not receiving some of their defence papers only three days before court.
Thanks to all posts offering advice and support

aylin_2

Update... flight TCX2545 Dalaman to Manchester scheduled departure 02.20 24th June 2013.

Thomas Cook admitted liability and say they will pay my £350 next week..... I'm not hanging by my thumbnails waiting though. If anyone else was on this flight you may have a claim too.

Sincere thanks to all the contributors on this forum for all their invaluable help and advice. Yes, it is laborious going through all the posts. It is time well spent. If you think you have a claim don't be lazy most of the work has already been done for you , you just have to search.

aylin_2

CobyBenson wrote: »

aylin, hisue,

If you took this to court then you'd simply need to prove 'on the balance of probabilities' that you were on the flight.

You don't need to do this by showing boarding passes, tickets etc, you can do this by writing a witness statement and perhaps a statement from anybody who can also confirm you were on the flight.

I have little doubt the airlines have full records of every single person on a flight, so this is just another tactic to try and put people off claiming.

Hi Coby,
In making my claim for 2010 flights I looked into it , I didn't have one boarding pass I used passport Visa stamps to prove balance of probability. I understand Itineraries are lodged with the CAA at some point but the claimant still needs proof that THEY were on the flight. There may be more than one say ..'john smith' .or 'Ann Jones'..on a flight, passenger lists are just that, a list, you have to prove it is YOU ???

smudger9459

Can anyone help tried looking this up but can not find anything.Was delayed for 11 hours at Gatwick due to hold door failure was first told part was coming from Bristol then told had to wait for replacement plane.

Caz3121

smudger9459 wrote: »

Can anyone help tried looking this up but can not find anything.Was delayed for 11 hours at Gatwick due to hold door failure was first told part was coming from Bristol then told had to wait for replacement plane.

over 6 years ago = out of time

roxysox

maghater wrote: »

Defeated
Despite having a ruling from AESA saying Thomas Cook had not proved ECs, and should therefor pay me compensation, and quoting Sturgeon (68 ish) that airlines have the right to claim compensation from 3rd parties causing the delay, my claim was dismissed on the grounds of probability. TC rabbited on and on about the CAA saying this, and that, importance of safety etc. I tried to argue that CAA were not the NEB responsible etc. Probably unfortunate date 8/7, which was the day after a bad accident in America.
Given my time over, I would opt for a no win no fee lawyer, TC obviously know the game, and how to stretch the rules going right back to my first letter to them over a year ago, right up to not receiving some of their defence papers only three days before court.
Thanks to all posts offering advice and support

Really sorry to hear your bad news after all the help and advice you have given others:mad:

aylin_2

maghater wrote: »

Defeated
Despite having a ruling from AESA saying Thomas Cook had not proved ECs, and should therefor pay me compensation, and quoting Sturgeon (68 ish) that airlines have the right to claim compensation from 3rd parties causing the delay, my claim was dismissed on the grounds of probability. TC rabbited on and on about the CAA saying this, and that, importance of safety etc. I tried to argue that CAA were not the NEB responsible etc. Probably unfortunate date 8/7, which was the day after a bad accident in America.
Given my time over, I would opt for a no win no fee lawyer, TC obviously know the game, and how to stretch the rules going right back to my first letter to them over a year ago, right up to not receiving some of their defence papers only three days before court.
Thanks to all posts offering advice and support

sorry to hear your claim wasn't successful