Flight delay and cancellation compensation, Thomas Cook ONLY

Brookstein

Hi all,

I've just sent off my letter of claim for the above flight. The original plane we were supposed to be on became unavailable due to a fault and two replacement planes were found meaning the flight was split and departure was delayed by 7.5 hours. I've sent off a pretty standard letter so I'm expecting the standard response!

I'm considering the various points and further arguements for when or if that happens so would appreciate your opinions/suggestions.

- I'm unsure of the type of fault though I believe it was to do with a flap, so possibly hydraulics, electrics etc. The plane had flown earlier in the day but after landing in Manchester it was deemed unsafe. It wasn't made clear exactly what time this was so I don't know how long it actually took to get replacement aircrafts and get them fully prepared.

- There were long delays while TC split the flights and informed passengers which flight they were on. I'm unsure from what point they were doing this and how long it took to work out the passenger lists but it was probably between 5-6 hours after the scheduled departure time when we found out what flight we were on.

- Long delays caused by reconciling the baggage. We were repeatedly informed by the captain that the baggage handlers were a different company and that the whole issue of baggage was out of their control. We probably spent in the region 2.5 hours waiting at the boarding gate and sat on the plane while the baggage was sorted.

The original delay obviously caused more subsequent delays so how important would these be in bringing about a claim? Could it be argued that the subsequent delays were not a direct result of the aircraft fault and therefore not applicable? This then raises other issues to do with poor customer service and staffing. I haven't seen anything on the forum which is all that similar to this or anything about this specific flight.

Thanks for reading. Any thoughts or pointers are most welcome.

111KAB

Brookstein wrote: »

Any thoughts or pointers are most welcome.

You have a valid case - firstly a technical problem which the airline may claim is extraordinary but it isn't and secondly their inability to source a plane (or in your case planes) within a reasonable time scale is not acceptable. Take them to court if they refuse to accept your legitimate claim - enjoy the proceeds

batman44

Not sure if anyone has asked this question, other than previous case's/law what sort of document can you use in your court bundle? maybe evidence from web pages/internet, publications from manufacturers that sort of thing? previous history of issues? or does this have to be all court/law documents?
I think it would be a good idea for anyone who has been to court to post what they did or what documents did they use in court to prove thier case, this would help others vastly.

Vauban

When my hearing is done (the week before Christmas) I'll be happy to post the list of documents I used for my own bundle.

Shelley02

Hi I want to thank this forum...particulalry Centipede & Vauban. ( Without their help I would have been lost) I have just received this email!! I haven't yet got the money in the bank but I still couldn't wait to share this with you all....DON'T GIVE IN...AND GOOD LUCK!

PS: I forgot my Password..I was originally Shelley01 and joined in April 2013, should you want to look at my previous replys...

Good afternoon,

I write with reference to your claim where we have now received a Hearing date of 13 January 2014.

When advising the airline of the new date, they have surprisingly requested that I settle your claim. This obviously comes as a surprise given their previous stance, however, I believe that they already have another hearing on the same day regarding a delay and resources are thin.

I have considered the sum claimed and can confirm that we are happy to pay the sum of £2,540 in respect of the damages. Turning to the interest, 8% is generally only awarded by the Court in circumstances where the defendant has acted in an unacceptable and unreasonable manner. To simply differ in opinion is not sufficient for the higher rate to be awarded. As such, we do not believe that the Court will award 8% should your claim proceed. Rather it is more likely 2% would be awarded. Notwithstanding this, we are prepared to offer the sum of £160 to cover any interest that the court might award.

In view of the above, the sum which we wish to offer in settlement of your claim is £2,700 plus a refund of your Court fees. If you could confirm the amount of your Court fees to date and given the time until the Hearing, should you contact the court you should be able to recover any court fee that you have paid from them.

I trust that this is satisfactory and I look forward to hearing from you.

Kind regards

Shelley02

I would appreciate any help with the issue of the interest calculation?
The sum of £160 calculated over 2 years looks pretty low! I was expecting interest to be in excess of £300. What do you think? Or is £160 reasonable?

Any advice will be appreciated...

111KAB

Shelley02 wrote: »

I would appreciate any help with the issue of the interest calculation?
The sum of £160 calculated over 2 years looks pretty low! I was expecting interest to be in excess of £300. What do you think? Or is £160 reasonable?

Any advice will be appreciated...

If you can recover your hearing fees and they do pay your compensation + application costs I would settle. You will struggle to achieve even 2% in the bank over the period concerned.

Vauban

Take the money - don't open the box!!!:D

They've folded - you've got as much as you are likely to in court. Victory is yours! Congratulations:beer:

JPears

Congratulations.

Brookstein

111KAB wrote: »

You have a valid case - firstly a technical problem which the airline may claim is extraordinary but it isn't and secondly their inability to source a plane (or in your case planes) within a reasonable time scale is not acceptable. Take them to court if they refuse to accept your legitimate claim - enjoy the proceeds

Thank you for your reply!