Flight delay and cancellation compensation, Thomas Cook ONLY

Grumpelstiltskin

VOB72 wrote: »

I've just logged into my MCOL case a day before the defence deadline to find TC have now filed a defence, but I can't access it online. Rang MCOL and they said it was because they have submitted it via a firm of Solicitors called Trav Law LLP. Is this usual, and if not does it mean they intend to take this all the way?

Travlaw Testimonial from Thomas Cook

http://www.travlaw.co.uk/testimonials/

VOB72

Grumpelstiltskin wrote: »

Travlaw Testimonial from Thomas Cook

http://www.travlaw.co.uk/testimonials/

Grumplestiltskin - Thanks, very interesting.... having followed the link, I see they act on behalf of Jet2.com also. I've been following this forum every day for 4 months and only seen one post in relation to this firm - is this a new approach by TC in dealing with their claims I wonder? Or as DavidvGoliath has posted are they just so inundated that they are having to farm out their cases?

tigertrumps2

VOB72 wrote: »

I've just logged into my MCOL case a day before the defence deadline to find TC have now filed a defence, but I can't access it online. Rang MCOL and they said it was because they have submitted it via a firm of Solicitors called Trav Law LLP. Is this usual, and if not does it mean they intend to take this all the way?

Last week just 1 day from the deadline TC decided that they were going to defend my claim to. I could see the defence form online and it is an indavidual person who will be defending the claim not a firm. In todays post i received acknowledgement from MCOL confirming what i had seen on line they now have a total of 28 days from the original date when the claim was deemed served !!!! In my case that will be 2 weeks to day bring it on you losers

maghater

VOB72 wrote: »

Grumplestiltskin - Thanks, very interesting.... having followed the link, I see they act on behalf of Jet2.com also. I've been following this forum every day for 4 months and only seen one post in relation to this firm - is this a new approach by TC in dealing with their claims I wonder? Or as DavidvGoliath has posted are they just so inundated that they are having to farm out their cases?

Don't know, I would have thought that TC was big enough to have its own dedicated in house team. Heavens above they would be getting plenty of practice. Still if they run their legal department as well as they run their airline it would be chaos. They also closed down a good chunk of their legal dept at Leeds (?), a few months ago. Still a worrying development

Hoyerman

Hi there,

Was on the above flight which was delayed leaving Glasgow (I have a copy of a letter handed out on the flight confirming the delay as 6hrs 30 min.) Was informed by the pilot on the flight that this was due to a hydraulic pump being replaced in Turkey to enable the incoming flight (our aircraft) to depart.

I have been through the complaint process with TC - they have refused to pay out - went to CAA who said we had grounds for complaint, then they sent it back to airline who have today again denied compensation.

TC have stated in 2 seperate E-mails to me the following

"We are not able to provide you with the answers to the questions raised in your correspondence detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable."

and then later (following a challenge from me)

"My colleague Judy has already advised you that we are not going to provide you with exact details of the cause of the delay as we are under no obligation to do so. As far as our airline are concerned the delay could not have been foreseen even though we took all reasonable measures to ensure it departed on time, therefore we will not be paying compensation for the delay."

During this time there was obviously crew available (as it was a new Glasgow crew due to take the aircraft) and also another TC aircraft was parked on a remote stand throughout the delay.

My question is this:

Am I correct in thinking that as the delay was to the incoming aircraft which was to make up our flight - Extraordinary Circumstances CANNOT then apply to our delay (regardless of cause)? Also - Thomas Cook MUST prove that these existed in order to deny me compensation (They dont appear to be willing to divulge - so why wont they tell me??)

Thanks
H

friendofbillw2

Hoyerman wrote: »

"My colleague Judy has already advised you that we are not going to provide you with exact details of the cause of the delay as we are under no obligation to do so."

Who the hell do these people think they are? How on earth do they think this is any way to treat customers? Let alone in the HOLIDAY industry, where selling and delivering nice warm relaxing feelings to people is your BUSINESS.

Sue the flaming hydraulic pumps off them. Firing off emails like that, they can't say they're not asking for a writ. Then, if they want to preserve their precious air of superiority and mystique, at least it will cost them an EC261/2004 compensation payment - and your costs.

sweeps1

Does anyoe have a current e mail address for TC that they get a reply from? Thanks.

maghater

friendofbillw2 wrote: »

Who the hell do these people think they are? How on earth do they think this is any way to treat customers? Let alone in the HOLIDAY industry, where selling and delivering nice warm relaxing feelings to people is your BUSINESS.

Sue the flaming hydraulic pumps off them. Firing off emails like that, they can't say they're not asking for a writ. Then, if they want to preserve their precious air of superiority and mystique, at least it will cost them an EC261/2004 compensation payment - and your costs.

Quite agree with you, up until 12 months or so ago I would have said TC were a decent firm, probably had half a dozen holidays with them over 10 years. Delayed for 8 hours a year gone June, given 5 Euros to cover meals phone calls etc. Complained when I got home, and asked them if they would pay a more realistic amount towards our costs during the delay, plus extra day dog kennel and car parking. Point blankly refused! So yes was quite happy to take them to court, OK I lost (only the first round haven't finished with them yet), but they forked out for a bloody barrister to defend the case, so must have cost them. Result I will never holiday with them again, I doubt any of my family or friends will either. If they had sent me £50 to cover costs would have though ok then, if they had also provided a few holiday vouchers as a sorry would probably have been daft enough to book up with them again this year. Bottom line is the package holiday market is in decline, if they are prepared to treat passengers in such an abysmal way, their days are very much numbered, and the sooner they are out of business the better.

tigertrumps2

Thomas Cook Airlines
Inmoor Road
Birkenshaw
BRADFORD
West Yorkshire
BD112PS

maghater

Hoyerman wrote: »

Hi there,

Was on the above flight which was delayed leaving Glasgow (I have a copy of a letter handed out on the flight confirming the delay as 6hrs 30 min.) Was informed by the pilot on the flight that this was due to a hydraulic pump being replaced in Turkey to enable the incoming flight (our aircraft) to depart.

I have been through the complaint process with TC - they have refused to pay out - went to CAA who said we had grounds for complaint, then they sent it back to airline who have today again denied compensation.

TC have stated in 2 seperate E-mails to me the following

"We are not able to provide you with the answers to the questions raised in your correspondence detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable."

and then later (following a challenge from me)

"My colleague Judy has already advised you that we are not going to provide you with exact details of the cause of the delay as we are under no obligation to do so. As far as our airline are concerned the delay could not have been foreseen even though we took all reasonable measures to ensure it departed on time, therefore we will not be paying compensation for the delay."

During this time there was obviously crew available (as it was a new Glasgow crew due to take the aircraft) and also another TC aircraft was parked on a remote stand throughout the delay.

My question is this:

Am I correct in thinking that as the delay was to the incoming aircraft which was to make up our flight - Extraordinary Circumstances CANNOT then apply to our delay (regardless of cause)? Also - Thomas Cook MUST prove that these existed in order to deny me compensation (They dont appear to be willing to divulge - so why wont they tell me??)

Thanks
H

Indeed Thomas Cook must prove that the event was an extraordinary circumstance, as defined in EC261. Regs don't actually say who they have to prove it to, appear to be quite happy now to let it go all the way to court, and then appoint lawyers to defend them. If you have a positive response from the CAA , which TC wont honour I suggest you write to the CAA and ask them what sanctions they are going to impose on Tc for non compliance. The knock on effects after an earlier ec are not so simple, look at Eglitis in the FAQs