Flight delay and cancellation compensation, Thomas Cook ONLY

Mummykate

No I don't think there is anytime scale for set aside they could do it a year down the line I think I think they have more chance of getting it set aside if its ASAP

JPears

Mummykate wrote: »

No I don't think there is anytime scale for set aside they could do it a year down the line I think I think they have more chance of getting it set aside if its ASAP

Hmm that is odd, in CPR there does not appear to be a time limit in which application for set aside has to be made, which is unusual since every other step in the County Court procedure has a defined timetable. Maybe I'm not looking hard enough

Vauban

JPears wrote: »

Hmm that is odd, in CPR there does not appear to be a time limit in which application for set aside has to be made, which is unusual since every other step in the County Court procedure has a defined timetable. Maybe I'm not looking hard enough

It does say, though, that:

In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

So - though I defer to others - I think the longer a defendant leaves it (without just cause) the harder it may be to persuade a judge that it is reasonable to set the judgement aside.

Mummykate

In a way I do think you are right vauban but you would think if they had a judgement against them they would get there butts into gear

JPears

Mummykate wrote: »

No I don't think there is anytime scale for set aside they could do it a year down the line I think I think they have more chance of getting it set aside if its ASAP

Hmm that is odd, in CPR there does not appear to be a time limit in which application for set aside has to be made, which is unusual since every other step in the County Court procedure has a defined timetable. Maybe I'm not looking hard enough

phebe3

Anyone else on this flight? It was meant to leave Bodrum at 14.05 but to the best of my recollection it didn't leave until well after 8pm. We had a voucher for some rather nasty food from a fast food joint and that was all. Apparently Thos Cook had to send for another plane as ours was faulty/had a puncture. The airport was hot, over crowded and people were sitting all over the floors as there weren't enough chairs...it's a very small airport with very little to do!

steve_do

I have been persuing flythomascook since May 2012, for a 6 hour flight delay from Kefalonia, they fobbed me off with the standard letter that I have seen numerous times in the forums. Today I had an email from the Greek CAA informing me that that they contacted Flythomascook twice in May this year asking them to either provide proof of exceptional circumsatances or pay out 400 euros per passenger, neither the Greek CAA nor myself have had any response, seems they think they are above the law. Today I have sent the document to the CEO of Flythomascook to try and get this resolved once and for all

andyfer

I have posted previously about our return flight from Tenerife to Glasgow in 2011 where we were transferred to a Monarch flight to Manchester then bussed to Glasgow resulting in an 8hr overall delay.
I lodged a claim with the small claims court recently and have just received an indication from a solicitor working for Thomas Cook that they intend to defend the claim in court.
My wife is understandably a bit nervous about this as she hasn't had any experience of anything like this before.
Has anyone any advice about what they are likely to use as a defence and how to mitigate this?
I appreciate all cases are different but it would be great to hear from someone who has been through the process recently and was successful.

x-spendthrift

Can anyone advise me how much compensation I need to claim for?

I had a 22 hour flight delay from Tenerife. Am I correct in thinking that I can claim 400 euros per person. I have read the FAQ' s and am unsure as to whether I can also make a claim for the cost of the flight ticket as well because the flight was delayed for more than five hours? We did however travel back on the flight.

Thanks in advance.

Vauban

x-spendthrift wrote: »

Can anyone advise me how much compensation I need to claim for?

I had a 22 hour flight delay from Tenerife. Am I correct in thinking that I can claim 400 euros per person. I have read the FAQ' s and am unsure as to whether I can also make a claim for the cost of the flight ticket as well because the flight was delayed for more than five hours? We did however travel back on the flight.

Thanks in advance.

No you can't (though I agree it's a bit confusing). The provision for a refund only kicks in if you choose not to take the flight.