Flight delay and cancellation compensation, Thomas Cook ONLY

David_e

Welshy89 wrote: »

Can you advise where i stand and would i be able to claim for a flight delayor cancellation.

The FAQs will get you to a place where you can understand the issues and then ask questions if you need clarification. Otherwise your best bet is a no win no fee lawyer.

Diglet_01

Hi we were on this flight from Manchester on 14/9 and suffered a 16 hr delay due to oven overheating, this involved an emergency landing at East Midlands. Tried to claim and got standard reply of EC. However the reason given at the time by the pilot was he had run out of hours to continue the flight and a crew member had discharged a fire extinguisher and needed medical attention, therefore new crew could not be found. Is this worth continuing with?

chili2001

Diglet_01 wrote: »

Hi we were on this flight from Manchester on 14/9 and suffered a 16 hr delay due to oven overheating, this involved an emergency landing at East Midlands. Tried to claim and got standard reply of EC. However the reason given at the time by the pilot was he had run out of hours to continue the flight and a crew member had discharged a fire extinguisher and needed medical attention, therefore new crew could not be found. Is this worth continuing with?

Tricky one. On one hand an oven fire mid flight could easily be classed as an EC unless you can prove the oven in question wasn't serviced property so it could have been avoided. If it was me I would hand it over to a NWNF solicitors and see what they say.

laserboy_2

morgana wrote: »

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

Hi Morgana,
Yep, my wife and I were on that flight. I remember the crew being late, boarding the aircraft and then having the pilot say that we were delayed as they investigated a warning light related to the fuel system. I don't remember anything about winds at Manchester or the tyres.
We have had the usual fob-off from TC, and are currently awaiting response from CAA.
Yes, I know the CAA have not been very effective (understatement), but having started the process with them, we are going to wait for their feedback before deciding on our next steps.

Rushup1

I have been scrolling through and can't find something I thought I seen, does anyone have a NBA shell I can use . Thanks x

David_e

Rushup1 wrote: »

I have been scrolling through and can't find something I thought I seen, does anyone have a NBA shell I can use . Thanks x

Not sure what you mean by "shell" but there is a draft NBA if you look at page 1 of the FAQs. Have a look - there's a lot of useful information.

Justnan

Hi, we are getting ready to produce the Court bundle for my daughters claim (although still no idea what the details of TC's defence is?) I have come across a handy document which others may find useful,it is on the judiciary.gov site and is named, 2013 litigants handbook.
Apologies if this has already been mentioned.

David_e

Justnan wrote: »

Hi, we are getting ready to produce the Court bundle for my daughters claim (although still no idea what the details of TC's defence is?) I have come across a handy document which others may find useful,it is on the judiciary.gov site and is named, 2013 litigants handbook.
Apologies if this has already been mentioned.

I've not seen it so thanks. How is it that TC have not given a defence? What did they say in their filing after you/daughter had served the claim?

morgana

laserboy wrote: »

Hi Morgana,
Yep, my wife and I were on that flight. I remember the crew being late, boarding the aircraft and then having the pilot say that we were delayed as they investigated a warning light related to the fuel system. I don't remember anything about winds at Manchester or the tyres.
We have had the usual fob-off from TC, and are currently awaiting response from CAA.
Yes, I know the CAA have not been very effective (understatement), but having started the process with them, we are going to wait for their feedback before deciding on our next steps.

Hi Laserboy.

I keep holiday journals and I noted what TC said at the time and it was a little windy round Manchester (but nothing like we are going to get tomorrow it seems)
I had the standard response from the CAA-" we are receiving a significant increase in requests for our service.." and from what I read on here, I could be waiting a while for a further response and then being referred back to TC. So I will be taking the MCOL route this week, especially after reading Bott & Co's newsletter this week. Maybe I'll see you at court

Cheers

CobyBenson

chili2001 wrote: »

Tricky one. On one hand an oven fire mid flight could easily be classed as an EC unless you can prove the oven in question wasn't serviced property so it could have been avoided. If it was me I would hand it over to a NWNF solicitors and see what they say.

Just for the record this isn't the correct test to apply when considering whether something is extraordinary.

I think a District Judge would consider the totality of these events to be extraordinary though.