Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

gorses wrote: »

Just got the standard fob off despite asking for the specific reason.....



Can I ask the experts here if it's possible to outline how best to build a case?

Thanks to all
Andy
TCX2994 13/08/12
TCX2995 27/08/12

Read through the FAQ, Taking Airlines to court etc. Its all here, just needs (quite) a bit of homework.........:(

gorses

JPears wrote: »

Read through the FAQ, Taking Airlines to court etc. Its all here, just needs (quite) a bit of homework.........:(

I already read the FAQ links, great information there but I don't see anything specifically relating to what sort of documentation a DJ would expect me to produce to back my case.
Is it just a case of being knowledgeable about the subject?

supermum4

finally got my cheque from Thomas cook had to chase them up 7 days after the mediation deadline though so they where in breach of the agreement but just glad it arrived eventually:), it's been a long slog since last October but with lots of help and support on here I made it thanks guys. PS. just doing another delay claim from Calgary to Manchester on 26 th Dec 09 delayed over 5 hrs has anyone else on this Thomas cook flight had any success?
thanks again everone

supermum4

VOB72 wrote: »

Update on my claim - TC have refused mediation, despite the fact I indicated I was willing to participate. Do they usually do this?

Also, my claim now transferred to local small claims court according to MCOL. Am I correct in thinking this is the end of the line on MCOL and the next thing I receive is a preliminary court hearing date?

Hi they did this to me then after the court issued me a date for the hearing they changed their minds and paid in full inc costs:j so keep going they are just trying to scare you off;) best of luck:)

JPears

gorses wrote: »

I already read the FAQ links, great information there but I don't see anything specifically relating to what sort of documentation a DJ would expect me to produce to back my case.
Is it just a case of being knowledgeable about the subject?

The documentation you need is:
All of the relevant case law, usually Reg 261/2004, Sturgeon and Wallentin. Copies of these have to be submitted as part of your evidence.
Your witness statement outling the case from the start - all travel details etc and your claim.
Remember its up to the airline to prove that it was an EC AND all reasonable measures were taken to avoid cancellation/minimise delay.
Wallentin is your friend and you need to know it inside out.

Levant2c

Just to say I claimed for compensation for a delay of 5 1/2 hours on a flight GLA/FUE in November 2012. Claim rejected by TCX but I forwarded to CAA as per the information given on this site. CAA then advised that they considered my claim could be covered and they had resubmitted to airline. No response from airline but after numerous emails and forwarding all CAA paperwork was emailed £100 in the form of a holiday voucher, then £690 in a holiday voucher and eventually after arguing that I book flight only and had already booked for next year with another airline a voucher was unacceptable ..... they agreed to pay direct to my bank.......arrived today!
I think I have dealt with everyone in their complaints department BUT keep at it and you may succeed like I did.....it's taken nearly a year but I'm guessing the plan is to make people give in and go away! In fairness my initial complaint was the fact that everyone on the flight was given complimentary meals due to the delay but I had already paid for this so my letter was requesting a refund of this. However it took them 4 months to sort it out by which time I had read all information about delay compensation, hence the claim. Big mistake on their part!!
THANKS to all for the information on this forum!

Mummykate

Thomas took have now entered a change of address so requested judgement issued yesterday change off address today mmm I know what going to happen next !!!

111KAB

Mummykate wrote: »

Thomas took have now entered a change of address so requested judgement issued yesterday change off address today mmm I know what going to happen next !!!

Might change their name to Thomas Took - but there again this may be more appropriate in respect of their inability to pay out :rotfl:

Mummykate

There going to try and get it set aside why else would they change the address

JPears

Mummykate wrote: »

There going to try and get it set aside why else would they change the address

Did you use the Registered Business address to serve the documents? If so then I doubt TC can use a change of address as an excuse/reason for set aside. The registered business address is the one recognised for serving of legal documents. If TC choose to ignore or not a have a system in place for dealing with served documents, that's their problem.
If they do seek to set aside then resist in the strogest possible terms (assuming you have used the correct address.)