Flight delay and cancellation compensation, Thomas Cook ONLY

Mark2spark

Seems clear cut to me. You had tickets for the morning flight, presented yourselves in time, and were denied boarding. The fact it was due to their admin is not your concern.

Mark2spark

Sorry to hear that you came up against an out of touch judge taxi.
A flight two before yours would/should have had documaentation to show it was *your* plane, also, was it the same aircraft, on the same day, as per the 261 preamble?
But how on earth are all these cases succeeding in court if there isn't the right to take them in the first place? What about Dawson and the Thomson appeal?

I think I would write to the judge, stating that you respect his decision on the EC - although you don't agree with it as many others have succeeded against that defence - but that you *urge* him to read up the case that Centipede has quoted above (copy it to him), which clearly shows the right to bring these cases to the small claims court.

But what nonsense. Judges are out of touch in so many cases, I despair at times.

adgewurzel

Am currently trying to proceed against TC in the Small Claims.
TravLaw are defending for TC. Their first defence is that I've claimed against a wrongly named defendant namely THOMAS COOK PLC instead of THOMAS COOK AIRLINES LIMITED.

Do I need to stop this action and start again with the correct name ?

southy1

dawyldthing wrote: »

I got an e-mail from bott and co a few days ago to say that they are now serving papers to the court. Yet the person I was travelling with has received an e-mail to say that Thomas Cook want more time to investigate it and will let us know shortly after more investigation, yet it is exactly the same flight. So i'm staying hopeful unless they are binding there time even with the solicitors on board, but if you can work it all out you are lucky

Hi I had email from bott too about court proceedings what flight were you on I was on TCX 506 Manchester to Dalaman 31/05/2010

steve1500

adgewurzel wrote: »

Am currently trying to proceed against TC in the Small Claims.
TravLaw are defending for TC. Their first defence is that I've claimed against a wrongly named defendant namely THOMAS COOK PLC instead of THOMAS COOK AIRLINES LIMITED.

Do I need to stop this action and start again with the correct name ?

I did the same thing, they are just trying to show off and be clever.

Now being allocated to my local court

DTDfanBoy

steve1500 wrote: »

I did the same thing, they are just trying to show off and be clever.

Now being allocated to my local court

If you are actually claiming against Thomas Cook PLC they have every right to be clever as you are clearly claiming against the wrong entity :eek: and you're not even doing a good job of that.

Thomas Cook Airlines Limited, the company you should have named is a subsidiary of Thomas Cook Group UK Limited, which is a subsidiary of Mytravel Group Plc which is a subsidiary of Thomas Cook Investments (2) Ltd, which is a subsidiary of Thomas Cook Group Plc :rotfl:

So not only have you tried to take action against a parent company which is four removed, you haven't even managed to do that as you've named them incorrectly :beer:

If you have named Thomas Cook Plc as the defendant get it rectified ASAP

You really need to check every detail time and time again and be 100% certain of them before proceeding with legal action. Missing the finer details can easily result in you walking away with nothing, missing the big ones is completely inexcusable.

stevieboy65

My family and I were delayed almost five hours on our flight from Manchester to Sharm El Sheikh last year. We have corresponded with Thomas Cook who quoted 'Extraordinary Circumstances'. We got in touch with the CAA who advised we would have a case for compensation. We went back to TC who fobbed us off with 'extraordinary circumstances' again and basically advised they were not taking the matter any further. The main thing that annoys me is that I have seen where many claims seem to have been paid out with very similar or exactly the same reasons but with mine I am not getting anywhere.
Has anybody got any advice for this frustrated passenger, please.

richardw

Start the small claims process with a letter before action.

Vauban

If you have a letter or email from the CAA confirming you have a claim that should help enormously. What exactly did they say?

mattyprice4004

steve1500 wrote: »

I did the same thing, they are just trying to show off and be clever.

Now being allocated to my local court

Be clever? So if I try and claim off you and got it totally wrong, that'd be fine would it?

Before accusing them of being clever, do the same yourself and make sure you're suing the right people. Not surprised they've put that as a defence as you're suing the wrong company.