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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • I don't know if ill get a copy will it not show up on mcol online ?
  • Hi all, no response to my hard copy of the NBA I sent recorded so time to go to the MCOL stage. I'm still not suer whether to use a specialised claims company for the smaller of the claims (and if they win boost the chance of successfully winning the larger claim myself). Can I still use a 3rd party to take on the case if I have submitted the MCOL or is this the stage I need to make the decision?
    Part of me is tempted to fill in the MCOL and see if TC fold!
  • Also jpears do you know if I attend court if so it's not likely to be one near where I live is it
  • jimcbob
    jimcbob Posts: 32 Forumite
    edited 6 September 2013 at 2:41PM
    Mummykate wrote: »
    Also jpears do you know if I attend court if so it's not likely to be one near where I live is it

    If they apply to set aside the default judgment, the case will automatically be transferred to your home court: Practice Direction 7E, para 12.1(1).

    Thomas Cook should send you a copy of the application notice and supporting evidence by post. It will not come through MCOL.

    Unless you agree to have the application dealt with without a hearing, the court is very likely to hold a hearing.

    One small word of caution: because the case will not have been allocated, the small claims track rules on costs do not formally apply. However, the court would ordinarily apply them anyway so your costs risk - if the default judgment is set aside - should be very small.
  • So if it goes to court to be set aside I will have to pay the cost do you k ow how much this is would it just be easier if I agreed to it as they will probly get it set aside anyway
  • Hi all

    I have just been offered compensation from Thomas Cook for the 10 hour delay we suffered on our return from Corfu! However, they have only awarded compensation for the two adults travelling and nothing for the 8 month old. Does anyone know if this is standard procedure since the child was an infant?
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Mummykate wrote: »
    So if it goes to court to be set aside I will have to pay the cost do you k ow how much this is would it just be easier if I agreed to it as they will probly get it set aside anyway
    No, TC have to pay a fee to seek setaside. :D
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • fossman
    fossman Posts: 364 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    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?

    Had an email reply back from Thomas Cook saying blah blah blah extraordinary blah blah blah planes are like cars blah blah blah no compensation due!

    I have drafted my NBA letter, can I just send this by replying to their email or do I have to post it?
    Cashback earned
    Quidco : £858 :)
    Pigsback : £20 and a Beatles CD.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    fossman wrote: »
    Had an email reply back from Thomas Cook saying blah blah blah extraordinary blah blah blah planes are like cars blah blah blah no compensation due!

    I have drafted my NBA letter, can I just send this by replying to their email or do I have to post it?

    Snail mail better - with (free) proof of posting.
  • fossman
    fossman Posts: 364 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Vauban wrote: »
    Snail mail better - with (free) proof of posting.

    Which of the numerous addresses listed on here should I be sending it to?
    Cashback earned
    Quidco : £858 :)
    Pigsback : £20 and a Beatles CD.
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