Flight delay and cancellation compensation, Thomas Cook ONLY

Oliver_Klozoff_2

x-spendthrift wrote: »

Apologies, it has been so long since I have used the forum! I am about to put in a claim with thomascookfly.com for a delayed flight of 22 hours back in Oct 2009 due to technical problems. I have looked at some threads and read some FAQ's, however I am still unsure of a couple of things:
1) Do I just email thomas cook or do I have to write a template letter?
2) if I write a letter which address do I use to send it to bearing in mind I booked the flights direct with thomascookfly.com as I can see from previous threads that people have been using different correspondence addresses?

3) Regarding proof of the booking I have the email itinerary with booking references and also proof of receipts, however, I don't have boarding passes anymore (as this was in 2009) does anyone know whether I would have to request a "subject to access" or whether I have enough proof without having to obtain this? Any information will be greatly appreciated.

Don't go after thomascookfly.com, they don't exist! You mean flythomascook.com right? They were the booking agent, not the actual airline.

Read the FAQ's and you will get all the answers you need. :rotfl:

x-spendthrift

Oliver_Klozoff wrote: »

Don't go after thomascookfly.com, they don't exist! You mean flythomascook.com right? They were the booking agent, not the actual airline.

Read the FAQ's and you will get all the answers you need. :rotfl:

Thanks for pointing that out to me, that's exactly what I meant!

Oliver_Klozoff_2

x-spendthrift wrote: »

Thanks for pointing that out to me, that's exactly what I meant!

So to be clear, you want to go after Thomas Cook Airlines Ltd.

Which address...well I was told by their switchboard that their Goodwin street address in Bradford is open again, it was closed a few months ago. I had written to a different address altogether as I wanted a sign for delivery option bc I am anal retentive. Proof of post is fine and free if you prefer. The problem with the address I used is that it's in Scotland and so it's not acceptable for MCOL.

At this point just bung your particulars into a template and send to their customer service address. Email is okay but if it gets to the NBA stage you will need to post it. The general procedure for legal documents to send them to their registered address so that's where you'd send an NBA, even though loads of people say Thomas Cook files a change of address once they get served.

Perkipsie

I am sat here starting to panic slightly that I am fighting a losing battle. I have a court date set for the 4th November and have to get my documents into the court fairly quickly. TC defence pack arrived on Saturday and its huge! They have included Sturgeon, Walletin, CAA referring your complaint and the NEB guidelines to EC's.

Its this last one that has me worried. They have a witness statement from a technical engineer stating that a dent was discovered in No2 left hand passenger door aft of frame 36 and above stringer 29L. It says that ground induced damage to the aircraft is extraordinary and beyond their control. Section 19 of the NEB list does list this. Although it does list it as on ground prior to departure. While at the airport that day we were told the damage had happened in Canada prior to the plane returning to the UK.

I suppose what I am asking is have I been caught out here? Have I thrown a handful of court fees against something I cant win or am I missing something here?

I am grateful for any advice (even if it is I've made a wrong step) Thank you

Vauban

Perkipsie: I have sent you a PM.

steve1500

Preliminary list of extraordinary circumstances following the NEB meeting held on 12 April 2013

http://ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

Blow them out of the water re the the NEB

They cannot use something they dreamed up in April as an excuse

Mike_Quinn

I Complained to Thomas Cook beginning of August, they were prompt in replying to my complaint, 2 weeks later a letter came citing Extraordinary technical circumstances, I checked the list found their tech' wasn't justified, my flight just didn't arrive at Manchester until a replacement was found.
I wrote back to Thomas Cook demanding they re investigate my delay claim, giving them 14 days in which to reply, they now choose to ignore my recorded delivery letter, & I have no way of contact by Telephone.
I've now opened a case with the CAA using the on line complaint form on their web site.
I look forward to their response but as I have read a few of the posts on this forum regards TC I wont be holding my breath..

Oliver_Klozoff_2

steve1500 wrote: »

Preliminary list of extraordinary circumstances following the NEB meeting held on 12 April 2013

http://ec.europa.eu/transport/themes/passengers/air/doc/neb-extraordinary-circumstances-list.pdf

Blow them out of the water re the the NEB

They cannot use something they dreamed up in April as an excuse

Unless your judge isn't up on that fact that are proposed guidelines and not law as some posters has found...be sure to point that out!

Oliver_Klozoff_2

Mike_Quinn wrote: »

I Complained to Thomas Cook beginning of August, they were prompt in replying to my complaint, 2 weeks later a letter came citing Extraordinary technical circumstances, I checked the list found their tech' wasn't justified, my flight just didn't arrive at Manchester until a replacement was found.
I wrote back to Thomas Cook demanding they re investigate my delay claim, giving them 14 days in which to reply, they now choose to ignore my recorded delivery letter, & I have no way of contact by Telephone.
I've now opened a case with the CAA using the on line complaint form on their web site.
I look forward to their response but as I have read a few of the posts on this forum regards TC I wont be holding my breath..

Are you posting with your real name? You might want to change it bc they do read these forums.

batman44

It really infuriates me, use it against them! no basis in law.

NEB list of Extraordinary Circumstances
Non Binding
The document itself is contradictory, Note 1 specifies that for there to be exceptional circumstance it must meet three criteria, unpredictable, unavoidable and external.
Notes 1-18 contain all the criteria, notes 21-27 do not as they are NOT external factors and relate to mechanical failures. Out of the 30 points only 5 are good points for the passenger, this must clearly show that the NEB are not properly doing the job they are there for.