Flight delay and cancellation compensation, Thomas Cook ONLY

MrsW86

indigoail wrote: »

Hi I was on a delayed flight from Aberdeen to Dalaman last year, 22 hours delayed. I immediately complained to Thomas Cook who eventually rejected my claim as extraordinary. I then referred the case to the CAA in February this year and other than the confirmation that they would deal with my case I haven't heard anything back, is this normal?

This appears to be the norm, caa can take a very long time to get back to you and I think they have now started siding with the airline in a number of cases. You are unlikely to be told the exact reason for delay. If you want your compensation then you'd be best going to a nwnf company or starting a claim through mcol (14 days after sending to an nba). See the first page of the thread for more info.

conaghca

I think i was on that flight but dont have the flight details
the flight was syppose to leave around 7pm and left around 11.45 it was then diverted to Newcastle to pick up a new crew. is this the same flight? if so can you give me the flight numbers
thanks

galasteve wrote: »

ok, here is where I am at right now - probably the same as many here but I thought I would put it up here in the hope some of you knowledgeable folks can tell me how to proceed.

I have sent a letter to TC regarding a delayed flight from tenerife to glasgow on 14th Oct 2011 - delay=4.5hrs
we are due 400 euro each - ten passengers altogether.

one thing to note is that it is technically two bookings, one for 8 and one for 2 but they were cross referenced in the booking notes etc. TC have assigned them to two different case numbers, however.
I have received one of the generic letters stating Extraordinary Circs and that despite their maintenance schedule etc it was an EC. They have not detailed the exact problem that caused this EC.

My questions are these:
1) should i contact the TC again or got to the CAA (or spanish equivalent) before starting court action or should I go ahead with an NBA letter?
2) Would I have to take court action twice because of the two bookings or would the court allow a ruling to be judged on both together, given the cross referenced nature of the bookings?
3) I am in Scotland so which court system do I claim through, English or Scottish?
4) The Scottish courts say small claims are up to £3000 so perhaps it would be better to split them (?)

Any suggestions much appreciated and if required I can provide any correspondence between Me & TC.

AndyPearce

Hi, having taken my claim to the MCOL stage I've decided to use a NWNF company to take the claim forward (mainly because me and my wife run 4 different business so don't have any spare time to dedicate to this ourselves unfortunately!) - I've contacted EUclaims who seem to be affiliated with Boot & Co - does anyone have any recommendations for good alternatives? Also wondering as Euclaim seem to be based in Holland am I better going directly to Bott&Co?

Any help appreciated.

marktom

just received an email from tc stating they are paying £344 x 3 (£1032) compensation for our delayed flight to dalaman. i still dont forgive them for abandoning us at manchester airport for 11 hours.

Justnan

Hi, although I have been a long time fan of MSE, this is the first time I have posted.
I have spent many weeks researching the comp/cancellation forums and hopefully, have correctly followed the great guidance that has been shared by you all.

I am currently trying to lead my daughter through a claim that I believe she is entitled to make.
The claim is for herself, her partner and two children. They were unfortunate enough to be on a package holiday to Mexico with TC in July 2013.

The outgoing flight arrived at the destination 4 hours 30 mins late. (No explanation given for delay)
The incoming flight arrived 30 hours 10 mins late.(Faulty weather gauge)

The chronology of events so far:
19/07/13 -Call made to customer relations team to lodge complaint. Daughter informed that 'someone' would contact her. Call reference number given and duly noted.
02/08/13 - After no contact, letter written, including copies of all boarding passes, invoices etc and previous call ref quoted. This letter was received by TC and signed for on 05/08/13.
30/08/13 - Further letter written as still no response. Daughter has included in the letter the NBA.

As at today's date she has still not received any contact whatsoever.

Does everyone agree that she should just proceed to Court? Or should she give TC a bit more time to respond?

Thanks in advance and apologies for lengthy note!

Vauban

Justnan wrote: »

Does everyone agree that she should just proceed to Court? Or should she give TC a bit more time to respond?

Don't know about "everyone" but I think your daughter has given TC lots of changes to engage and respond. As she has already written a NBA making clear that court action may commence if no satisfactory reply is received, I think this is the next step.

ceecee1

marktom wrote: »

just received an email from tc stating they are paying £344 x 3 (£1032) compensation for our delayed flight to dalaman. i still dont forgive them for abandoning us at manchester airport for 11 hours.

Thats good to know..I was on that flight as well. Submitted my claim as soon as I got home and just waiting for a response.
:j
It was awful at the airport - I was on my own and it seemed like an ongoing nightmare at the time.

Ju499

Ive been following these threads since having a 33 hour delay manchester to las vegas in nov. Had the same fob off everyone else has, and issued proceedings. Thomas Cook have filed a defence, they say extraordinary circs due to 'the aircraft suffered an engine stall at 33,000 feet whilst operating a flight the day before between man and cuba. The aircraft performed an airborne return to enable troubleshooting to take place...........delay was therefore extraordinary circs, and also delay compounded further by an ignition problem which is a extraordinary circ, and issues with local immigration officials which is entirely outside the defendants control.
They seem to be saying that as the flight the day before ours had a problem, we had the 'knock on' effect so tough to us.

Any help would be appreciated, they also quote Graham and Anor v Thomas cook 2012 EWCA Civ 1355 that i have yet to find. Ive got to fill in my forms for a hearing now.

Anyone else had anything like this???

Thanks

Ju

JPears

Ju499 wrote: »

Ive been following these threads since having a 33 hour delay manchester to las vegas in nov. Had the same fob off everyone else has, and issued proceedings. Thomas Cook have filed a defence, they say extraordinary circs due to 'the aircraft suffered an engine stall at 33,000 feet whilst operating a flight the day before between man and cuba. The aircraft performed an airborne return to enable troubleshooting to take place...........delay was therefore extraordinary circs, and also delay compounded further by an ignition problem which is a extraordinary circ, and issues with local immigration officials which is entirely outside the defendants control.
They seem to be saying that as the flight the day before ours had a problem, we had the 'knock on' effect so tough to us.

Any help would be appreciated, they also quote Graham and Anor v Thomas cook 2012 EWCA Civ 1355 that i have yet to find. Ive got to fill in my forms for a hearing now.

Anyone else had anything like this???

Thanks

Ju

So they are claiming three consecutive/concurrent ECs? Hedging their bets aren't they? Or just desperate.

Vauban

JPears wrote: »

So they are claiming three consecutive/concurrent ECs? Hedging their bets aren't they? Or just desperate.

They forgot to mention that the dog also ate their homework ...

Ju499: don't worry about any of this for the moment. The next stage is to complete the allocation questionnaire, that a) nominates where the hearing should be held; b) puts the claim on the small claims track; and c) indicates your willingness to submit to mediation. None of the form is difficult, and you won't need to think about pulling together your own legal arguments for a few months yet.