Flight delay and cancellation compensation, Thomas Cook ONLY

Gorbar

Once they have agreed to pay, how long is it taking them to send the cheque. I have looked & it. Appears it can take from 1-2 weeks. Our NWNF informed us on 8th October that they would be paying, according to them they have still not paid. Our day in Court was next Tuesday, I would have thought they would have paid before then. VERY, very annoyed that they are being allowed to drag it for so long.
Any help would be appreciated, just wish I had a number for their legal dept.

111KAB

Gorbar wrote: »

Our NWNF informed us on 8th October that they would be paying, according to them they have still not paid. Our day in Court was next Tuesday, I would have thought they would have paid before then. VERY, very annoyed that they are being allowed to drag it for so long.
Any help would be appreciated, just wish I had a number for their legal dept.

Pointless you 'phoning their legal department - chase your NWNF > they are taking their 'slice'. 7 weeks + is not acceptable - get the NWNF to put the bailiffs in pronto.

poppyparker

sciencelover wrote: »

Hi all, I've recently had a severely delayed flight with Thomas Cook (~15h), but I'm unsure of whether it is classed as a cancellation or delay and whether they might try to argue exceptional circumstances or not, because there was a problem with knock on effects, so I was wondering whether anyone here might be able to help me disentangle this.


I don't know whether the airlines watch the forums (!) so I'll keep the details to a minimum. We basically took off from Manchester and then landed at East Mids shortly after due to an oven fire aboard the plane, which was quite scary! TC then took several hours to A) get us off the plane, figure out what they were doing next, C) get transport arranged back to manchester airport, D) arrange a new flight. The rescheduled flight was for 7am, when the original was supposed to be 14.55 the previous day. They told us this was due to staff hours- that they could not use the original crew and could not get another crew together until that time.


My first query is whether you would class this as a cancellation or delay - I suppose it was the same flight so was delayed, but my reason for confusion was that it came up as cancellation on the boards at Manchester airport.


My second query is re the oven fire. I would have thought that oven fires would be down to poor maintenance - eg food remnants being left in and therefore not an exceptional circumstance as outlined in the July 2013 guidelines, but I suppose it would depend on the cause of the fire? Are you at the mercy of the airlines in admitting this and can they lie? Then I wondered regardless of the fire's cause, would the inability of TC to staff a replacement flight be something that makes them culpable do you think?


Looking forward to hearing your thoughts! NB I did a search on this forum for 'oven' and no hits...

Hi we were also on this flight the TCX2538 MAN/AYT 14/9/13. The customer care or lack of was appalling from start to finish. We were on the last re-routred coach from EMA to MAN which arrived at 1.30am! That's a whopping 6 hours after the emergency landing where we were left in the foyer of east midlands airport with no food/drink or representation from TC.I have contacted TC who have replied with the standard no compensation extraordinary circumstances letter. Please could anyone tell me how I find information on the actual incident.

poppyparker

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.

Also on this flight
We have also had the fob off response from TC! We were treated disgustingly and were on the last coach back from EMA/MAN which arrived at 1.30am which considering the plane landed at 5pm the previous day is a disgrace, during that time no representation from TC there wasn't even a rep to check our bags back in when we arrived back at Manchester, the place was deserted! For me the bigger issues is the lack of transparency, communication and support from TC. Keep me posted on your progress having received our fob off letter yesterday I seem a few steps behind you
Thanks

ajh001

Hi first post on forum so here goes.

13/7/13 TCX108 Manchester - Montego Bay flight delayed over 6 hours, submitted a claim for compensation under EU regs using the MSE template and Thomas Cook responded after 18 days with what I understand is the standard "technical issues" therefore "exceptional circumstances" reply and no compensation is due. To my understanding of the regs this is not a valid reason to reject my claim. I have today submitted a complaint to the CAA to see if they agree with me that compensation is due. I will await their response and if they agree with me I will take Thomas Cook to the small claims court.

Should I respond to Thomas Cook and let them know that I've referred it to the CAA or keep quiet?
I understand that the CAA has a backlog of complaints but does anyone know what the current timescale is?
Is there a time limit to take my cliam to the small claims court - depending on the CAA outcome?

Thanks

DTDfanBoy

I wouldn't bother letting Thomas Cook know, they'll find out when the CAA contact them.

I think the backlog was six months plus, but they have recently been referring matters raised with them back to the airlines for another look, so that backlog may have been cleared.

The limit currently stands at Six years, although this is being challenged by one of the airlines, so there is a small chance it may be reduced to Two years.

There's nothing to stop you taking legal action now if you don't want to wait around.

dave450

just had the same standard email returned to me from Thomas cook,stating technical issues,on my delayed flight from turkey on the 10th October this year,and not entitled to compensation, have replied via email back requesting the cause of the technical issue,then i can perhaps take things further or not,"will they divulge the cause" im not sure,would be nice to no the reasons why,we had a six hour delay, dropped of at airport 2pm,and got our flight home at 00,20
two grandchildren with us,all went well at airport considering,we were looked after well by thomas cook staff and meals provided.
what should my next cause of action being,

richardw

dave450, Judge Platts would probably not agree with TC.

morgana

dave450 wrote: »

j Thomas cook,stating technical issues, have replied via email back requesting the cause of the technical issue,then i can perhaps take things further or not,"will they divulge the cause" im not sure,would be nice to no the reasons why,we had a six hour delay, dropped of at airport 2pm,and got our flight home at 00,20

---

They did reply to my request re: what the fault was - problem with a pump, plane would not be able to take off unless it was changed. At the time, we were told it was an indicator problem. This is a technical fault so according to TC, that make it EC. But it's not is it ?

richardw

Morgana, have a read about Huzar v Jet2 and what Judge Platts said.