Flight delay and cancellation compensation, Thomas Cook ONLY

winnie9

iS THERE ANYONE AT ALL ON THE FORUM WHO WERE ON THE FLIGHT 303P OUT OF MANCHESTER WITH MONARCH AIRLINES GOING TO SANFORD USA ON THE 14/06/2013 AND ENCOUNTERED THE 15 HOUR FLIGHT DELAY WITH US, WOULD LOVE TO SPEAK TO YOU AND KNOW HOW YOU ARE GOING WITH MONARCH OVER THE COMPENSATION .... PLEASE HELP

chili2001

winnie9 wrote: »

iS THERE ANYONE AT ALL ON THE FORUM WHO WERE ON THE FLIGHT 303P OUT OF MANCHESTER WITH MONARCH AIRLINES GOING TO SANFORD USA ON THE 14/06/2013 AND ENCOUNTERED THE 15 HOUR FLIGHT DELAY WITH US, WOULD LOVE TO SPEAK TO YOU AND KNOW HOW YOU ARE GOING WITH MONARCH OVER THE COMPENSATION .... PLEASE HELP

Probably not as this is a Thomas Cook only forum!

Vauban

winnie9 wrote: »

iS THERE ANYONE AT ALL ON THE FORUM WHO WERE ON THE FLIGHT 303P OUT OF MANCHESTER WITH MONARCH AIRLINES GOING TO SANFORD USA ON THE 14/06/2013 AND ENCOUNTERED THE 15 HOUR FLIGHT DELAY WITH US, WOULD LOVE TO SPEAK TO YOU AND KNOW HOW YOU ARE GOING WITH MONARCH OVER THE COMPENSATION .... PLEASE HELP

Three quick thoughts:

a) You might get a better response if you post on the Monarch thread, not the Thomas Cook one;
b) The chances of finding people who were on a particular flight is surprisingly small - only a small minority seem to find their way to this site;
c) What will you do if you find someone who was on your flight? You can't bring a class action, or anything like that: or are you hoping simply to claim on their coat-tails?

maghater

dawyldthing wrote: »

i think people are reading my mind today as was wondering about topcashback money and that showed as clear and then was reading up about the thomas cook one and it showed up in my inbox. Anyway I sent the notice before action by e-mail (does one have to be sent by post by the way when shown to the court?) and this is what they replied:

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 still think they used our plane for something else. So just wanted to check a) if it is classed as extrodinary as I was told it was technical difficulties with the aircraft from an Engine Bleed and b) if i still need to send them the notice before action by post as they have acknodledged it by e-mail and still saying the same that it wasn't extrodinary

I love their explanation, and am sure that the "thorough process" only involves a Paralegal copying a preprinted response onto an email.
You should write to them stating that you agree that EC261/2004 requires the airline to prove that the event was down to ecs, but that you do not think this means that they have to prove it to themselves, and as such would they be prepared to share their findings with one of the passengers who were actually seriously inconvenienced.

Going by feedback from this thread Bott and Co are ok, balancing their fee against expenses you could incur, not to mention a day off work if you have to attend court, it is not that bad

maghater

w4ynee wrote: »

Hi all hope somebody can assist me
I was unlucky enough with my family to be on the above flight
long story short 17+ hour delay so I sent the template claim letter for 600 euro each x3 =1800 today after only 4 days I received the following.
"Having carried out a full investigation into the delay to your flight, a payment of compensation is applicable in line with Regulation 261/2004. I have taken the liberty of enclosing a discount voucher to the value of £1056.00, which equates to a payment of £352.00 per person. This voucher can be used against the cost of a future holiday with us, full terms and conditions of which are on the reverse".

I like the bit that says "I have taken the liberty"
correct I think you are lol

So basically I know we are entitled to 600euro each as compensation which is roughly £520 each so to me that's a minimum of £1500 as a cash payment not a voucher.

Can anyone give me any advice on my next email to Thomas Cook. As to the content that I should be writing.

many thanks in advance
Wayne

Write, email, or telephone, and tell them that indeed they have taken the liberty, under ec 261/2004, they must pay by cash, cheque, or electronic transfer, travel vouchers are only allowed if the passenger agrees. I don't know what the distance involved is but they appear to be giving you 400 Euros each, I would have thought that Hughada is more than 3500 KM from Manchester, and you are correct you should be in the 600 Euro range. Basically they are taking the Michael, get them told, and report them to the CAA.
You are however quite lucky TC do not normally part with any cash (or vouchers) without a fight, did they give you any reason for the delay.

pretzelnut

I emailed the template letter off on Friday via the website as an attachment, I received an email back on Tuesday (standard response i suspect) informing me that they were doing an investigation and would be back in you touch.

mick9721

Re hoyerman 3122 Page 157

TC say that are under no obligation to supply details. I had a similar
problem. After I issued a a summons and a court date was set I
informaed the court they had not supplied details of the EC. The
district judge then directed them to supply in statement with full
details of the EC on the outbound and inbound flights. They never
didbut then they said they wouldnot contest the claim and paid me out in full pluse interest. Obviously by not supplying the details they would have been in breach of county court rules and directions and I think if the case had gone to trial they would have been in extreme difficulties. I can only assume they had been stringing me along for 2 1/2 years and the ECs they claimed didn't exist. I know for sure
on my outbound flight the delay was due to crew shortage This is definitely not an EC
Hope this helps clear the point up. Best of luck

sging1

dawyldthing wrote: »

i think people are reading my mind today as was wondering about topcashback money and that showed as clear and then was reading up about the thomas cook one and it showed up in my inbox. Anyway I sent the notice before action by e-mail (does one have to be sent by post by the way when shown to the court?) and this is what they replied:

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 still think they used our plane for something else. So just wanted to check a) if it is classed as extrodinary as I was told it was technical difficulties with the aircraft from an Engine Bleed and b) if i still need to send them the notice before action by post as they have acknodledged it by e-mail and still saying the same that it wasn't extrodinary

Where was your flight to and from.

111KAB

dawyldthing wrote: »

Following this thorough process we remain confident that the technical fault was extraordinary ...

Firstly .... repeating myself here .... technical problems are ordinary (not extraordinary) ~ they happen every minute of every day to aeroplanes.

Secondly .... I have just been reading an analysis of components used in main stream passenger aircraft and it is estimated that these have 6,000,000 moving parts all of which can obviously go wrong and indeed do lead to what is known as 'going tech'. There is not a cat in hells chance that this number of moving parts can be examined during routine maintenance so yes they are going to go wrong and possibly delay your flight. I realise that the malfunction of some of these parts is not going to hold up your flight but generally the Captain/FO will say better to be safe than sorry.

lbinks86

Hi all

Just after some help for step number 3 ! I've emailed thomas cook twice now and twice they have rejected my claim.

Thomas cook have suggested if I wish to persue it then go to the CAA.

Have they suggested that perhaps knowing I don't have a chance of getting any compensation?

If I do go to the CAA can someone please adviser
What I have to do and how to go about it ?

Thank you