Flight delay and cancellation compensation, Thomas Cook ONLY

trottski

Was anyone on this forum on delayed flight tcx 742 manchester to orlando 12/07/13 or delayed flight cancun to manchester 11/07/13,if so i would like to hear of experiences in dealing with thomas cook

fightingalltheway

I have emailed TC on 14th of Oct and have not had any reply from them still..I know they have recieved it as I had a reciept come back on 15th to confirm it was read. Does anyone else get replies straight back from them or do you have to wait?. I emailed because the previous 2 letters I sent (NBA and follow up letter) even though I know were recieved I did not get a response from them.

Any help or another email address would be much appreciated. many thanks

Vauban

fightingalltheway wrote: »

I have emailed TC on 14th of Oct and have not had any reply from them still..I know they have recieved it as I had a reciept come back on 15th to confirm it was read. Does anyone else get replies straight back from them or do you have to wait?. I emailed because the previous 2 letters I sent (NBA and follow up letter) even though I know were recieved I did not get a response from them.

Any help or another email address would be much appreciated. many thanks

If you have sent them a Notice Before Action why are you sending them further correspondence? The NBA will have given them a deadline for them to respond before you initiate court action. Every subsequent (unanswered) letter or email you send following that merely damages your own credibility.

Do you think you can reason them into submission? Their silence is your answer. So either start legal action or walk away.

racryansn3

i was delayed 21hrs back in may 2008, i have written to them twice & now they want documentation to prove i went on that flight but i can`t find any, i only know the flight number, can i still claim compensation?

Vauban

Have you no evidence at all? Emails, bank statements, travel itineraries that kind of thing? How do you know the flight number if you've got no documents? You could try making a data protection search access request. Search SAR on here for more details.

fightingalltheway

Vauban wrote: »

If you have sent them a Notice Before Action why are you sending them further correspondence? The NBA will have given them a deadline for them to respond before you initiate court action. Every subsequent (unanswered) letter or email you send following that merely damages your own credibility.

Do you think you can reason them into submission? Their silence is your answer. So either start legal action or walk away.

No I dont think I can reason with them, just thought I had to wait for a letter back after the NBA before I could take court action, I also asked for a more in depth investigation into the reason for our delay so was waiting on that to.

Court action it is then.. thanks for your reply

VOB72

B]TCX 7029 Fuerteventura to Bristol 23/03/2013[/B]

Seven months after submitting my claim for me, my husband and two children for a 7.5 hour delay due to a blocked toilet on the INBOUND flight (TCX 7028 Bristol to Fuerteventura - anyone on that flight would have been similarly affected) Trav Law on behalf of TC have advised they are now willing to settle - the full amount of compensation claimed plus the initial court application fee and the additional fee to add parties to my claim.

After receiving the usual fob-off 'technical nature' and 'MOT' letters, and getting nowhere corresponding with TC, I submitted a claim via MCOL. In the meantime, I involved AESA, who after 2 months reported that TC had not responded and they were therefore finding in my favour. TC subsequently defended at the last minute. They refused mediation. They also stated they would only consider MY claim and not the one for my husband and 2 children, despite them being named in the statement of particulars on the claim. Case was allocated to local court and judge directed I had to send an application to add them to my claim, costing a further £80 and a lot of hassle involving more form filling and a court appearance due on 13th November, just to consider this latest application to amend my initial one!. Reluctantly I did this, and have been preparing my case for eventual Final Hearing.

Following months of research and reading every post on every airline thread, I recently found a few examples of claims against TC being settled for delays arising from blocked toilets. I dug around for the details then advised Trav Law I knew about these cases and would provide the details in Court at Final Hearing, and asked if they were still minded to defend in light of this. Low and behold, they suddenly changed their minds and offered to settle!

It's been a long, hard slog and taken many hours of research and correspondence with TC and Trav Law but it has been worth it. To anyone out there feeling daunted by the prospect of taking on the airlines and their solicitors, don't be. As long as you put the time and effort in, you stand a very good chance of winning your claim and keeping 100% of it. If I can find time to do it as a working mum of 3 kids, anyone can.

My previous posts give more detail about my case and the hurdles Trav Law put in my path if anyone is interested. Happy to answer any questions or share any info I have collected in preparation for my case, just ask.

A huge thank you to Vauban, 111KAb, Mark2Spark, Blondmark, JPears and Centipede for their sound advice and contribution to this forum. I am indebted to you all.

Keep up the good fight!

batman44

Just been reviewing some of my evidence docs and I found some thing very interesting.

Refer to Huzar v Jet2.com section 27, 28 in Judge Platts judgement.
This statement i found in my doc from TC

"defect that required ratification before further flight"

DisneyJan

This may have been posted before but just in case anyone missed it.

,,
Ruling Confirms Air Passengers Entitled To Compensation If They Are Delayed Due To Technical Defect. A senior Judge has ruled in an appeal hearing against Jet2.com that airlines are incorrect to deny passengers compensation by claiming that technical defects which develop in-flight are ‘extraordinary circumstances’.
Previously airlines had tried to reject claims on the basis that technical defaults were unforeseeable and beyond their control, but this ruling confirms passengers are still entitled to compensation. The ruling could allow thousands of passengers to claim if their flights are delayed over three hours, cancelled, or they are denied boarding.
The Judgment was made after a hearing on 8th October 2013 at Manchester County Court, where the judge revealed that three separate passengers had also tried to claim compensation for this same flight, but on each occasion the District Judges had failed to apply the law correctly.
"This Judgment has provided much needed clarity to this complicated area of law." Coby Benson, Bott & Co
His Honour Judge Platts ruled that the issue is not whether the technical problem was expected or unexpected, but that the airlines have a duty to resolve these technical issues and the resolution of those issues is firmly in the control of the airline, therefore it cannot be an ‘extraordinary circumstance’

sging1

Vauban wrote: »

Sorry to hear about this sging1: but it vindicates what many of us have been saying about the CAA for some time.

Fortunately for you, the Huzar judgement seems to have come just in time. Make sure you send a copy to your court!

What I couldn’t believe is how wrong the CAA was in their report, it did not reiterate what happened on that day at all, except they mentioned a steering fault that was close but even that was not what the pilot said.

The judge has said it can’t be used in evidence though.