Flight delay and cancellation compensation, Thomas Cook ONLY

chili2001

gorses wrote: »

Why do people keep saying they are a waste of space? Yes I have already been waiting months but for one of my claims they have already found TC are liable. According to CAA they have agreed to pay out.
I'm guessing TC have to give the CAA the real reason for any delay whereas they don't have to tell me anything.

But more recently the CAA has started siding with the airline after they cooked up the list of what they think are EC's even thou they mostly contradict the law involved. Remember that the CAA is funded by the airlines. In some cases I've heard TC refuse compensation even though the CAA says they are due it. You would be better off starting legal action sooner as this is the only think TC will take notice of the majority of the time. Good luck!

babs31

Hi all,

was anyone on this delayed flight to tunisia on 12th June 2013?
if so, have you had any luck getting compensation?


Thanks

Mark2spark

nw42 wrote: »

Thanks for the reply Mark2spark, appreciated.

...it seems to me... if you want the answers then put a bit of effort in and read the thread

Yet it seems to be the stock answer...

Anyway, my question... I've had similar response from TC and am wondering whether or not I should try and ascertain the nature of the technical problem before sending them an NBA letter. After all it may turn out that the fault was one that gave them a get out.

Hi nw42, The answer to your question can only be answered by yourself, it's up to you if you want to engage in letter writing ping pong with TC, and the associated wait times between replies.
The method in which to proceed with a claim is dealt with from post #4 in the FAQ's.

https://forums.moneysavingexpert.com/discussion/4421185

As I said in the earlier reply, without being glib, *seriously*, most questions can be answered by putting an hour or so aside and reading through the FAQ's, which are a sticky.

None of the regulars on here are lawyers or judges, and the decision on whether to proceed or not, can only be indicated to, by providing the pertaining information, and letting people decide for themselves.
None of the forum regulars on here have Admin capabilities on this forum, believe me, if they did, the route to finding the answers to 99% of questions would be a lot easier to navigate to.

Hope this helps.

Mark.

Vauban

How do you know I'm not a High Court Judge? All Rise, for Lord Justice Vauban ...

JPears

Vauban wrote: »

How do you know I'm not a High Court Judge? All Rise, for Lord Justice Vauban ...

His holiness, his munificance.....:rotfl:

grazzzz

gorses wrote: »

I agree. I certainly won't be walking away. Just not going to put my money on the line when the odds are completely unknown. Waiting for the CAA, then as you say NoWinNoFee if needs be.

You will wait and wait for the CAA, I have waited over a year my court case has been and gone,TC refused to tell me the reason for the delay so I forced there hand by starting court proceedings and won! Got my cheque last week.

chili2001

Just got this from my solicitor after TC requested a set aside:

Dear Mr *****,

Further to our telephone conversation today, I have advised you that I am not of the opinion that we should agree to set aside the default judgment for the following reasons:

- the other side have not provided us with a draft defence;

- we are confident that your claim has prospects of success;

- your claim was validly served on the other side;

- there is no costs risk, as it is a small claim and in any event it is usually the claimant i.e. you that would be entitled to costs because the defendant is at fault in failing to file a defence on time; and

- the other side's solicitors were warned that we would issue court proceedings and they chose to ignore the correspondence.

You have confirmed that you agree to the above approach and therefore ***** will contact the other side's solicitors upon his return to the office to inform them that we will not consent to the default judgment being set aside.

Kind regards,

*** *******

tonysu67

Went to NWNF company. TC still claiming ExtraOrdinary Circumstances, court proceedings issued, and guess what TC agreed to settle, just waiting for the money. Do not give up.

bateel13

Good News! Which company did you use?

pete146

Hi

I could use some really specific advice at this stage of my claim against TC.

They have constantly rejected my claim of the ground of a technical fault which they deem to be 'Extraordinary Circumstance'

The CAA said that I 'Could' be entitled to compensation, but TC still refused.

They said -
Flight was originally on OYVKF however this was AOG in MA with an EPR Air Probe fault. G-MDBD then ferried in from LGW to operate the flight. This is a reactionary event. It is also in my opinion defendable as there were no previous defects for EPR on the number 2 engine the month prior to this event.

In English - there was an Air Probe? fault, a probe heat test was carried out, and the EPR mode control was faulty - so the number 2 engine was replaced.

I opened a case with MCOL, and have now received a Directions Questionaire as TC has opted to defend the case in full.

Where I'm struggling:

1) Should I accept the court offer of mediation?
2) Should I request a transfer to my local court? I believe that I lose MCOL support if I do
3) Should I be asking for expert evidence to be used? If so, what would you suggest?
4) Should I be stating that I will have witnesses attend the hearing?
5) Do I have to send court fees with the questionaire? I am claiming £1184 - This link suggests that I must pay a further £70?
ht t p://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf"

Many thanks in advance