Flight delay and cancellation compensation, Thomas Cook ONLY

dblue75

Seems to simply be your luck in whoever from TC are dealing with your claim ? One person said they could not find my booking reference when I called them today. Literally put the phone down and had received an email stating they had found my reference and quoted it, flight number and allocated claim ref.....Still not expecting anything being stuck in Cancun for nearly 30 hours and missing connecting flights home from LGW...having to then fork out for new flights due to the whole connectors not being booked together.... :(

Davidvgoliath

(also posted in 'Court Success Thread)

Regrettably I must report that at my small claims hearing last week, the judge found in favour of Thomas Cook.

After a three year battle for compensation I feel thoroughly let down by the system, for reason explained below.

My flight was from Calgary (Canada) to Manchester in February 2010. At no point did Thomas Cook give a proper explanation for the delay of 12 hours until I received their court bundle 14 days before the hearing. Their court bundle included witness statements from a full time EU261 investigator and their Power Plant Engineer.

What I found out was that the Airbus destined to fly passengers out to Calgary, and on which we were due to return, had been grounded on the previous flight to Cuba the day before. Long story short, there was a problem with the VSV control unit in one of the planes engines, and TC had to fly an engineer out to Cuba to fix it.

They therefore took one of their other long haul aircraft, a Boeing 767, to service the Manchester - Calgary flight. the problem was though that the second crew waiting in Calgary were not qualified to fly the Boeing back to Manchester, because TC don't cross train their flight crews. The crew that flew the plane out therefore had to rest for 12 hours before flying back.

Also in the court bundle was the 'preliminary list of extraordinary circumstances' released a few weeks before by various NEB's.

In the hearing, I argued that the technical fault could not be relied upon under the Wallentin-Hermann judgement. However the judge seemed to place great importance in number 24 of the aforementioned list, despite my repeated protestations that this was not yet law, and WH was.

As a secondary defence, TC were looking to try and get the case thrown out by arguing that Graham v Thomas Cook meant I was not entitled to take the matter to court, but of course we never got that far.

I feel bitterly let down by the judge. In my view, she clearly had not read any of the material I had sent her (the same material Thomas Cook sent by the way, so she had it twice), particularly the WH judgement.

TC sent a barrister, who by the way handed me a skeleton argument minutes before we went into court. Also present were the investigator and the engineer (their top power plant engineer), all of whom had to come over from Manchester.

So, my conclusion. I feel the law let me down, but I have the satisfaction that I was a complete pain in the rear to TC for three years. Also, my guess is that it cost them far, far more to defend the case than the 600 euros x 2 I originally claimed, and I lost about £150, which I can easily afford. And I tied up several of their people in court/travel/preparing lengthy witness statements and other material for long periods of time, which gives me some measure of satisfaction.

Would I do it again? Yes, in a heartbeat. It was an interesting exercise, and I learnt a great deal, and I let TC know that their 'customers' will not be treated with the contempt they clearly showed, and WE WILL FIGHT BACK FOR OUR RIGHTS.

Oh, and as others have observed, I will never, ever travel with TC again, and I have told dozens of people about their shoddy treatment, so ultimately, their loss. We alone take 4 holidays a year, mostly long haul, so their loss through the coming years is greater than mine.

Ultimately, it is my view that TC might be out of the long grass, but they will never survive with their contemptuous attitude for their customers rights.

I would like to thank all those on this forum for their invaluable advice and encouragement, particularly Centipede100.

If anyone is reading this contemplating litigation, please, please dont give up. The odds are on your side and may you have every success.

sging1

Davidvgoliath wrote: »

(also posted in 'Court Success Thread)

Also in the court bundle was the 'preliminary list of extraordinary circumstances' released a few weeks before by various NEB's.

I am really sorry you lost your case, I had a pre hearing recently and again the judge did not read through any of my documents and admitted he did not know anything about this judgement. He said he will wait to see what the CAA comes back with before we go back to court.

I cannot believe the judges are using the preliminary list from the NEB's when it is just their list and not permissible in law.:mad:

Why not consider an appeal, there are cases on here that have appealed and won, if nothing else you will tie up TC for even longer.

For putting customers through this process, they are losing millions in lost bookings from customers blacklisting them, more than they would be by paying out what they should be under the current law. We are also a party of between four and ten, booking a couple of times a year that will not be using Thomas Cook ever again.

elisebutt65

fossman wrote: »

Hi everyone

We got a 6 hour 30 minute delay yesterday flying back from Corfu, the reason given was a bird strike which caused damaged to the planes nose cone.

I have done some research today and it appears that the plane that was damaged was due to fly to Menorca so Thomas Cook sent our plane to Menorca and back before it came to fetch us.

I have drafted the compensation letter using the template, should I include the information I have found today or hold it back for future use?

I've literally just walked in the front door, from a flight delayed from Heraklion to East Midlands by 3 hours 15 minutes and they used EXACTLY the same excuse. Perhaps we should link our details when we complain? Which airport did you fly back to?

Mummykate

Requested judgement today as I've had no reply how long does it take to make a decision on this ???

JPears

Mummykate wrote: »

Requested judgement today as I've had no reply how long does it take to make a decision on this ???

Judgement by default is instant HOWEVER the courts bizarrely allow submissions of defence that are a couple of days late. (why have time limits then?). Legal firms know this and IMHO play a form of brinkmanship, submitting at the last possible moment. So expect the defence to appear in the next couple of days and your judgment to be cancelled. If not then its time for enforcement of the judgement.

Mummykate

I'm fully expecting this to happen they leave it to the last minute or over like you say they know what they can do and what they can't and want to delay as much as possible like you say though why have time limits not to stick to them does it usually take a couple of days once requested judgement ?

Mummykate

Sorry just seen your last post saying its instant I've never read of anyone winning by default either

Vauban

I have! Have a look at the first page of the court success thread.

Mummykate

Really well there is a bit of hope then lol ill have a look now : )