Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

pete146 wrote: »

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

You will find most of the answers in the FAQ and "taking the airlines to court" thread. I suggest you read those then come back if any queastions remain.
But in summary:
1. Yes
2. Yes
3. Probably not
4. Only if you have
5. Yes

chili2001

JPears wrote: »

You will find most of the answers in the FAQ and "taking the airlines to court" thread. I suggest you read those then come back if any queastions remain.
But in summary:
1. Yes
2. Yes
3. Probably not
4. Only if you have
5. Yes

Ha! I was going to do that.

Martianind

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Thomas Cook.

Any posts regarding any other airline in this thread will be ignored (at least by me).

Thomas Cook problem...

Hi, First of all thanks for what you are doing, I am part of the NVidia defect forum, which is another tale of big businesses ducking out of their responsibilities...

Yes I know if I trawl through the threads I will probably find my answer, but.

My question relates to how we can establish the facts to how or why a flight was delayed. I have a couple of letters from TC which are gibberish telling me unforseen, unexpected, blah de blah. But none of them tell me what actually happened to cause the delay. Why does TC not roll over and simply tell me what caused the delay in detail, with specifics, and not use waffle!!!!!!!!. I am an Engineer, I would understand the terms if they actually talked technical to me. Do I have to take TC to court simply to reveal the nature of the fault? I guess the CAA does this, but talk about wasting peoples time. Anyway is their any specific terminology used which forces TC to tell me specifically what the fault was, without involving the CAA at this point? Bit like Freedom of information act with public bodies?

They have " closed the case " but all this has achieved is for me to tighten my grip.

I will write to them again I think asking a third time for details of the fault, but is their some head honcho I can copy the letter to? Is their a chief of customer services?

I know, I know I will end up threatening them, etc, etc, NWNF, etc, etc, but its so frustrating.

By the way, and I apologies in advance if you have already done this, but we found if you created a sticky entitled " Victories against Thomas Cook for flight delays EC " or something like that, then get people to scan their cheques of compensation covering up the private bits, but leaving the total won clear, then upload them to the thread. People can then see the cheques, and so there is light at the end of the tunnel, this will encourage people to persist with their claim.

Thanks in advance for your help

M

JPears

Centipede100 wrote: »

No apologies needed just a little reading: https://forums.moneysavingexpert.com/discussion/4573907

But general in answer to the overall question, it is very difficult to get the information out of the airline until you are about to go through the court doors. To some extent in most cases the technical is usually irrelevant as you are not able to challenge it unless you are an aeronautical engineer or pilot or go to the expense of independent expert witness

Martianind

Centipede100 wrote: »

No apologies needed just a little reading

Excellent lots of success...

I take it no one on this forum is an admin member..? Shame really. There is probably enough gumph to start up a separate website/forum. No I am not volunteering...

The NWNF lawyers appear to have a license to print money, if only they could get hold of the flight manifests....

Back to my case, I think a bit of trawling is necessary. Hey ho CAA here we come..

Has anybody mentioned MSE to TC? Citing nvidiadefectforum to an electrical wholesaler is normally an indicator that the punter means business, and is swiftly followed by a cheque.

You have probably gathered by now, that I am extremely lazy. Is there an alpha/date list of TC flight delays/cancellations, and a subsequent victory over TC due to the delay/cancellation?

You guys are doing an excellent job, thanks again.

M

Martianind

JPears wrote: »

To some extent in most cases the technical is usually irrelevant as you are not able to challenge it unless you are an aeronautical engineer or pilot or go to the expense of independent expert witness

This is my angle, my mate works for (turbine maint) KLM, and my neighbours brother is an ex Boeing crash investigator, he's retired. Hence why I have been hounding them for this information.

I will write to them once more politely requesting them to furnish me with this information, or I shall take them to the small claims court. The rumour ripples seem to suggest that the pilot spotted something on one of the turbine blades, and wanted a " professional opinion " this professional took circa 4 hours to inform him that it was bird doodoo or something along those lines. I would have thought that std airport would have at least one aeronautical engineer located somewhere nearby... i.e. less than 4 hours away?

Anyway thanks again M

Martianind

Centipede100 wrote: »

I should have included the words "...and a little searching" to my previous post when I stated that a "little reading" is required...;)

You are correct, it is a right pain in the proverbial trying to find stuff in forums. Its like trying to herd cats getting people to post in the right forum let alone thread... But we must not complain, from little acorns.... I am doing this on behalf of my missus and my daughter who cleared off on holiday without me for a week.:beer:

I have not figured out my hourly rate yet, the comp may not cover my bill...

chili2001

Martianind wrote: »

Back to my case, I think a bit of trawling is necessary. Hey ho CAA here we come..

Your first mistake. They will take at least 4 months and then will either:

1. Find in your favour.
2. Say your might be entitled to compensation but they can't really be bothered to deal with your complaint and they are sending it back to Thomas Cook for "re-assessment".
3. Find in Thomas Cooks favour (more likely these days).

To which Thomas cook will:

1. Pay you.
2. Ignore the reassessment request.
3. Refuse to pay you even though the CAA back you.
4. Refuse to pay you as the CAA agree it was an extraordinary circumstance even though the reason given probably contradicts the law.

I'm not liking those odds.

The CAA got bored of all this extra work a long time ago. An NBA followed by MCOL is the only thing that TC will take notice of.

You have probably gathered by now, that I am extremely lazy.

I love your honesty! If your that lazy walk away. Or even though they have a reason to "print money" as you put it use a NWNF solicitor. 70% of something is better than 100% of nothing.
I'm using my home insurance legal cover if you have it?

Martianind

chili2001 wrote: »

I love your honesty! If your that lazy walk away. Or even though they have a reason to "print money" as you put it use a NWNF solicitor. 70% of something is better than 100% of nothing.
I'm using my home insurance legal cover if you have it?

I just want to find out if I consider the cause to merit an EC award. If it is as per the rumour, I will walk through the case myself, been there done it many times at CCJ level.

However if it was a broken hugeamaflip in the bowels of the engine compartment, and had to be replaced otherwise the engine would spurt flames. Then I accept that such a hugeamaflip breaking, is worthy of a EC award.

But because they will not tell me I have my hackles up, and I am more likely to get a technical author at £1000/hr to write up my prosecution and get the B'ds to pay for that as well.

By the way my laziness comment was based on the fact that the forum does not have a list of delayed/cancelled flights along with time and date and flight number all alpha listed . I could then look for the date and the flight number and establish whether anybody else has jumped through all the hoops, and been successful. Or more importantly (to me anyway) what the B fault was...:mad:

I am going to start something on change.org this is starting to annoy me, and I have only been at it half a day.... where's the dog gone....

chili2001

Martianind wrote: »

Excellent lots of success...

I take it no one on this forum is an admin member..? Shame really. There is probably enough gumph to start up a separate website/forum. No I am not volunteering...

The NWNF lawyers appear to have a license to print money, if only they could get hold of the flight manifests....

Back to my case, I think a bit of trawling is necessary. Hey ho CAA here we come..

Has anybody mentioned MSE to TC? Citing nvidiadefectforum to an electrical wholesaler is normally an indicator that the punter means business, and is swiftly followed by a cheque.

You have probably gathered by now, that I am extremely lazy. Is there an alpha/date list of TC flight delays/cancellations, and a subsequent victory over TC due to the delay/cancellation?

You guys are doing an excellent job, thanks again.

M

Martianind wrote: »

I just want to find out if I consider the cause to merit an EC award. If it is as per the rumour, I will walk through the case myself, been there done it many times at CCJ level.

However if it was a , and had to be replaced otherwise the engine would spurt flames. Then I accept that such a hugeamaflip breaking, is worthy of a EC award.

But because they will not tell me I have my hackles up, and I am more likely to get a technical author at £1000/hr to write up my prosecution and get the B'ds to pay for that as well.

By the way my laziness comment was based on the fact that the forum does not have a list of delayed/cancelled flights along with time and date and flight number all alpha listed . I could then look for the date and the flight number and establish whether anybody else has jumped through all the hoops, and been successful. Or more importantly (to me anyway) what the B fault was...:mad:

I am going to start something on change.org this is starting to annoy me, and I have only been at it half a day.... where's the dog gone....

You didn't post your flight number/date? Maybe someone will have shared the same one you never know. I found 2 people on my flight although I think they gave up after TC gave them the runaround.

If you do get anything out of TC it will be along the lines of:

"Unfortunately we are not able to provide you with the answers to the questions raised in your correspondence detailing the cause of the breakdown as this is a private matter to be addressed by Thomas Cook.

The cause of the breakdown could not have been foreseen prior to your aircraft departing and for that reason, we class this flight delay as an ‘extraordinary circumstance’ and no compensation would be applicable".

The fact that they won't tell you makes me think it probably isn't a
broken hugeamaflip in the bowels of the engine compartment which might be worthy of an EC!