Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

grazzzz wrote: »

Flight TCX57L Antalya to Gatwick 4/5/09
Court today

I won !
The judge was not impressed with TC submitting
Late evidence , they also omitted the engineers witness statement.the barrister could not use extraordinary circumstances even though she tried as she could explain what the actual problem was with the
Aircraft hence she wanted an adjournment.This was refused on the basis
The hadn't adhered to the courts strict guidelines in supplying the correct
evidence /bundles and as there was no written statements then any oral statements from the engineer wouldn't be allowed either.
I was given quite a hard time by the judge however as the couldn't explain
What they actual problem was with the cracked screen it could have been a multitude of reason some extraordinary some not he decided in my favour
At the opening of the hearing TC dropped all of there claims except the extraordinary circumstances claim. I was up against a barrister TC had instructed I have won £682 she even contested the exchange rate the judge overruled this they have until Oct 23 to pay.
Thanks for all your help everyone on here has been really good and some great advice
The CAA letter was very useful judge took notice of it and as my flight wasn't listed judge thought it can't be a serious fault or even a smokescreen
Very happy
If anyone has any questions or is thinking of doing this themselves I would encourage you to go for it

Whoop whoop!! Congrats. Once again expensive, UTOA barrister turns up without the goods, shocking. You say judge gave you a hard time? How?

maghater

Congrats Grazzz, just explain what the barristers face looked like when the judge said she couldn't have the adjournment

grazzzz

maghater wrote: »

Congrats Grazzz, just explain what the barristers face looked like when the judge said she couldn't have the adjournment

It was a picture I must admit, I think she realised at that point she had no credible evidence to offer as there wasn't any to back up the extraordinary circumstances defence, she shuffled her papers a lot . I was quietly confident that would end up being the decision once he said that to not to adhere to the court deadlines and to send them in 3 weeks after the cut off point without the witness statements.
Although the money is great it was never about that it was that they thought they can and have palmed off everyone with the same excuse time and time again .
If it wasn't for many of you on here I don't think I would have been so well advised and confident going in to the hearing however I argued my points and used the relevant cases in my bundles so everyone who has contributed to my pleas for advice since last year I thank you all. For those that still have there day in court to come, use the experience and knowledge from the people on here and be well informed on the day it helped me immensely

flymeaway

grazzzz wrote: »

It was a picture I must admit, I think she realised at that point she had no credible evidence to offer as there wasn't any to back up the extraordinary circumstances defence, she shuffled her papers a lot . I was quietly confident that would end up being the decision once he said that to not to adhere to the court deadlines and to send them in 3 weeks after the cut off point without the witness statements.
Although the money is great it was never about that it was that they thought they can and have palmed off everyone with the same excuse time and time again .
If it wasn't for many of you on here I don't think I would have been so well advised and confident going in to the hearing however I argued my points and used the relevant cases in my bundles so everyone who has contributed to my pleas for advice since last year I thank you all. For those that still have there day in court to come, use the experience and knowledge from the people on here and be well informed on the day it helped me immensely

Fantastic news - my case was adjourned as the TC barrister questioned my right to bring the case through the court system, quoting Graham & Anor -v- TC. As the judge wasn't au fait with this he adjourned. Glad he did since it gave me the chance to read up on McDonagh -v- Ryanair - ready now for round 2.

Geemac_2

Thank you all for your advice, it all sees like a minefield and I'm sorry if I'm a bit slow on the uptake and normally I wouldn't bother with this but TC customer service manager was so horrible about the delay it really angered us. Can I ask someone what send NBA to TC means, I have read some of the posts for info but may have missed this or I am a bit naive.

111KAB

Geemac wrote: »

Thank you all for your advice, it all sees like a minefield and I'm sorry if I'm a bit slow on the uptake and normally I wouldn't bother with this but TC customer service manager was so horrible about the delay it really angered us. Can I ask someone what send NBA to TC means, I have read some of the posts for info but may have missed this or I am a bit naive.

From page one - PLEASE read before posting > Centipede100 Template letter This is the 'Notice Before Action' letter (NBA or LBA)

chili2001

Ha! I can't stand Anne Robinson usually but she made that guy from the CAA look a right idiot.

Migwell030744

Well it looks as though those who said they were a waste of time were Correct. CAA = Complete Actual Abomination

David_e

chili2001 wrote: »

Ha! I can't stand Anne Robinson usually but she made that guy from the CAA look a right idiot.

Not a difficult task.

chili2001

And the other woman on watchdog who took them to Court and then TC folded before the case. Thomas Cook said afterwards they didn't pay her because she had started court action, it was because they had uncovered new information surrounding her flight so they decided she was entitled to compensation. Funny how many times this new information materialises when court action is started! They should have also said how even after court action is started that TC STILL dont play fairly by ignoring court deadlines consistently.