Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

I would certainly see if you can get a transcript to see if judgement has been enforced on the basis that small claims cannot deal with these cases. What you then decide to do is up to you, ie write to the court, appeal etc. There is however (no doubt someone else will advise) a limited period in which to go back and indeed my transcript took around 3 months to obtain.

ps anyone listed at Dartford now knows what to include in their bundle!

JPears

Vauban wrote: »

But it wasnt part of the grounds for finding against the claimant. It was on ECs only.

That is true. I suspect this judge didn't know regs or for some other reason decided that it would be easier to just say EC, knowing it could not be countered in anyway. Why say anything about not being able to use small claims court/personal litigation in the first place?
taxi - what about the second test of Wallentin - reducing/avoiding delay at all costs up to intolerable sacrifice? Or did you not use that as an argument?

JPears

111KAB wrote: »

I would certainly see if you can get a transcript to ensure judgement has been enforced on the basis that small claims cannot deal with these cases. What you then decide to do is up to you, ie write to the court, appeal etc. There is however (no doubt someone else will advise) a limited period in which to go back and indeed my transcript took around 3 months to obtain.

ps anyone listed at Dartford now knows what to include in their bundle!

Appeal has to be in 7 days of notice of judgement - again another aspect of the crude and unacceptable bias against LIP of the legal system. You have to apply and stump up for appeal, then wait 3 months for hearing transcript before you decide if you actually have grounds for appeal!
At the very least I would be sending a snotty letter to Judge pointing out the error of their ways regarding reg 261/2004.
One would have to question the use of learned in this context.

grazzzz

JPears wrote: »

Appeal has to be in 7 days of notice of judgement - again another aspect of the crude and unacceptable bias against LIP of the legal system. You have to apply and stump up for appeal, then wait 3 months for hearing transcript before you decide if you actually have grounds for appeal!
At the very least I would be sending a snotty letter to Judge pointing out the error of their ways regarding reg 261/2004.
One would have to question the use of learned in this context.

I am amazed at the ignorance of these judges they clearly are lazy and don't read any of the correspondence or bundles before the cases just sit in there ivory towers and pass judgement without researching the facts, he /she would have been asked for his definition on paragraph 24 if that isn't clear enough what is ?

111KAB

grazzzz wrote: »

I am amazed at the ignorance of these judges they clearly are lazy and don't read any of the correspondence or bundles before the cases just sit in there ivory towers and pass judgement without researching the facts, he /she would have been asked for his definition on paragraph 24 if that isn't clear enough what is ?

Agreed in this case however it really does depend upon the judge as my guy was totally up to speed (against Monarch), knew the law, would not be swayed by an incompetent barrister, told me not to intervene when the Monarch chap was obviously incorrect and generally was calm, assertive and very competent. The fact that he awarded me full costs etc has nothing to do with this praise!!!!

JPears

111kab wrote: »

agreed in this case however it really does depend upon the judge as my guy was totally up to speed (against monarch), knew the law, would not be swayed by an incompetent barrister, told me not to intervene when the monarch chap was obviously incorrect and generally was calm, assertive and very competent. The fact that he awarded me full costs etc has nothing to do with this praise!!!!

Lol.......

mandy1955

My niece and I booked to go to turkey 13th September which was my birthday.. We were due to fly at 6:55pm.....Two weeks after booking we were told we would be flying at 6:55am as they couldn't fill the later flight.

So we both struggled to book an extra day off work.. on the flight day we got to Manchester airport at 4:15 am and went to check in desk where we were told we have already checked in... We said that's not right as we had only just arrived... the desk person ignored us and went off with our passports to make a phone call.

When he came back most people had already checked in.. He told us quite rudely to go to the service desk of Thomas Cook... We got to the desk and were told we were still booked on the evening flight...
We were so upset as our Turkish friends were arranging a party for us that we were now going to miss... We were told by Thomas Cook that the company they use Flexible trips were to blame as they didn't update their records when our flight times were changed.

We didn't ask for our flight times to be changed so we were really annoyed now. We were told the next flight was at 11:30am with jet 2 but it was only 4:45am and we would have to wait until 9 am when they open.... There were two other people this had happened to and we hung around with them.

It turned out that flight was full and the next one was going to be 4:45 pm.. We were all given £20 meal vouchers and told we would have to accept that we were not going for around another 7 hours...I was upset as I was going to miss my own birthday party and not arrive in Turkey until approx 02:45am instead of 2:45 pm so this lost us a whole day which we spent in Manchester airport.
We were in that place from 4:15 am until 4:45 pm.

When we got through to departure we rang flexible trips and asked for a taxi to Marmaris from Dalaman and they refused point blank saying 'we have already paid for new flights for you we are not paying for a taxi as well...'........the next day we were so tired we couldn't really do much..I missed my birthday and spent over 13 hours in the airport.

Thomas Cook told us to write a complaint letter on return which I did and this was handed in at our local office.. This was 3 weeks ago...I told them I want our flight costs back and compensation... do we have a case?

DTDfanBoy

Who did you actually book with ??

Who told you your flight was changed, and how did they tell you ??


Paragraphs,

make huge bodies of text,

much

easier

to

read :cool:

Fuerty

Fuerty wrote: »

Best of luck with your attempt through the courts. I seem to recall the reason given at the time was due to an hydraulics problem. Keep me informed on progress.

Regards
Fuerty

Hi unhappyrainbow

checking to see if you've made any progress-

I am sill awaiting TC to return my original documentation

Fuerty

mandy1955

Sorry, I did it on my phone..x We booked with Thomas Cook in their branch in Runcorn. Thomas Cook emailed our amended details to us 2 weeks after we booked and paid in full.
We went to the branch to check it was right. I still have the 2nd copy of our tickets showing the amended times.