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Flight delay and cancellation compensation, Thomas Cook ONLY

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  • 111KAB
    111KAB Posts: 3,645 Forumite
    1,000 Posts Combo Breaker
    sneddondn wrote: »
    Hiya, just wondering if anyone out there was on this flight and is trying to claim compensation. I recently filed a claim with Thomas Cook and was told delay was due to technical problem and so was not covered. I wrote back requesting information on the technical problem and was told my case was now closed. Just a novice at this kind of thing and would really appreciate any help or advice in what my next step should be

    I thank all who read this and reply in advance

    Court or no win no fee or walk away.
  • sneddondn wrote: »
    Hiya, just wondering if anyone out there was on this flight and is trying to claim compensation. I recently filed a claim with Thomas Cook and was told delay was due to technical problem and so was not covered. I wrote back requesting information on the technical problem and was told my case was now closed. Just a novice at this kind of thing and would really appreciate any help or advice in what my next step should be

    I thank all who read this and reply in advance

    Was this the flight from Glasgow?

    If so, I was on the Bulgaria flight that was delayed as we were also scheduled to use this plane once it returned to Glasgow.

    I managed to get a reason out of them - Reason given was 'right under carriage air ground centre & connector corroded'

    As time is on my side I've decided to give the CAA a try first. My next step would be a no win - no fee lawyer as I'm not confident and don't have the spare time to deal with it myself but I'm prepared to wait in the hope that Thomas Cook see sense once the CAA adjudicates in my favour (I am an optimist!).

    I'll post any updates when I get them as if I get a successful claim then you should too!
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    But what do you do if the CAA rules against you? Might it not damage your claim? And - as they seem very cosy with the industry - isn't that the most likely outcome?
  • morgana
    morgana Posts: 123 Forumite
    I had the usual "cars breakdown response a few weeks ago. I replied asking what was the technical fault they say was EC that are stopping them paying out for my claim. Just received an email from TC saying
    " I am writing to you in response to your most recent email. I have investigated your case and from the information that I have been supplied with from the airline engineers it states that your flight was delayed due to a pump change within the aircraft which had to be urgently changed as the plane would have been unable to take off because of this issue. I am sorry for any inconvenience this may have caused you and I hope to hear back from you soon."

    From my notes at the time, the delay was cos the crew hadn't arrived & were 20 mins away. Then we were told that the plane had had 2 new tyres that morning which is why they were running late. When we did board,at 16.00 (take off was supposed to be 15.55) we were then told that there was an indication fault and engineers were working on it. At 19.30 the captain said there were hurricane winds at M'cr and he couldn't risk it. Which was when we all got off and spent the night in a hotel. 11.30 next day the plane wasn't there. Finally flew out at 15.00 that day, taking the seats of British soldiers who had been waiting longer than us and who had been told to give up their plane to us.

    Does this sound like what TC describe?

    I am due to follow up the NBA with the MORL in the nest few days. Wonder if this means I will fail and what could I (should I?) say in response to "I hope to hear back from you soon " in the latest email.

    All help gratefully received
  • morgana
    morgana Posts: 123 Forumite
    As per my previous post, this was Flight TCX 313 from Calgary to M'cr Sun 11 Sept 2011 for anyone else on this flight. I think there is another passenger from that flight on this forum so if they have any more recollections as to what TC said at the time, please tell me. Thanks
  • Hi

    Thomas Cook have accepted my claim but have said they will compensate me via a voucher to use against a future holiday with them. Do I have the right to refuse this and request cash?
  • chili2001
    chili2001 Posts: 342 Forumite
    Shams wrote: »
    Hi

    Thomas Cook have accepted my claim but have said they will compensate me via a voucher to use against a future holiday with them. Do I have the right to refuse this and request cash?

    Yes, yes yes. A thousand times yes. All you needed to do was type voucher in the search box and you will see how many times this question has been asked before.
  • yes this flight was out of glasgow. Sounds like we have a valid claim if corrosion was the cause of our delay. This does not fall under the category of unavoidable as they could have attended to the corrosion at an earlier point in time.
  • sneddondn wrote: »
    yes this flight was out of glasgow. Sounds like we have a valid claim if corrosion was the cause of our delay. This does not fall under the category of unavoidable as they could have attended to the corrosion at an earlier point in time.

    That's what I'm thinking but Thomas Cook basically dismissed that argument and said they could only go by the engineer's report

    I'll let you know if I make any progress. I won't be dropping it but as I am not keen on contesting it myself I'd rather wait on the CAA before giving up a big chunk of the payout and going with a no win - no fee
  • grazzzz
    grazzzz Posts: 213 Forumite
    Part of the Furniture Combo Breaker
    Anyone who is considering writing to the CAA just to let you know I originally wrote to them in November last year and had just one reply saying we're busy due to volume etc that was in April 13 . Since then I've been to court and won my claim thanks to the people on here.
    Today I received the letter below so anyone thinking of waiting to hear what the CAA has to say you will be waiting at least a year

    Regulatory Policy Group


    PRIVATE AND CONFIDENTIAL



    24th October 2013



    Dear passenger,

    We appreciate that you may not have heard from us for some time, and we would like to offer our sincere apologies for this.

    The CAA have been receiving high levels of complaints from passengers this year following a ruling in the European Court of Justice last October that extended the rights of passengers to seek compensation for lengthy flight delays. This has impacted heavily on our resources and unfortunately we have not been able to deal with complaints as quickly as we would wish or provide passengers with timely updates. However, whilst we now have measures in place to deal with the increased volume of complaints we have been receiving, as ever, we are reliant on prompt replies from the airlines.

    We have asked airlines to reassess claims in line with CAA guidelines, and to respond to us directly. Once we receive the response, we will contact you with an update. Until we have received the response from the airline, we are not in a position to provide any further information.

    Yours faithfully,


    Tina Dunkin
    Consumer Affairs Manager
    Passenger Advice and Complaints Team
    Regulatory Policy Group
    Civil Aviation Authority
    4th Floor, CAA House, 45-59 Kingsway, London WC2B 6TE
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