Flight delay and cancellation compensation, Thomas Cook ONLY

morgana

Re my claim for 23 hour delay Sept 2011 Calgary to Manchester TCX 313
After the usual fob off letters re EC, I sent them an NBA. They replied to it by letter with a new ref: no, saying they would investigate. Meanwhile, as there was no response to my original claim to which the NBA referred, I've taken out the court summons. Today I have received an email with the 2nd ref no on (from the NBA) saying it was EC and no compensation will be paid.
I am tempted to just ignore this, but on the other hand, I wonder if I should email back referring them to the original claim no. and subsequent summons.

David_e

morgana wrote: »

I am tempted to just ignore this, but on the other hand, I wonder if I should email back referring them to the original claim no. and subsequent summons.

This is one of those times that you should give in to temptation. If you have written to them with an NBA and not received your compensation just get the claim submitted. The fact that they can't match your correspondence at their end isn't your problem. Their reference numbers are for their purposes not the courts. The court claim doesn't involve giving any reference (apart from the key one which is the flight number and date).

morgana

David_e wrote: »

This is one of those times that you should give in to temptation. If you have written to them with an NBA and not received your compensation just get the claim submitted. The fact that they can't match your correspondence at their end isn't your problem. Their reference numbers are for their purposes not the courts. The court claim doesn't involve giving any reference (apart from the key one which is the flight number and date).

Thanks David. Two heads are always better than one. I have the Notice of issue from the court so will wait to see what they do next.

chili2001

morgana wrote: »

Thanks David. Two heads are always better than one. I have the Notice of issue from the court so will wait to see what they do next.

I will tell you what they will do. Ignore it and say it got lost in the post when you apply for a default judgement.

morgana

chili2001 wrote: »

I will tell you what they will do. Ignore it and say it got lost in the post when you apply for a default judgement.

How many summonses have they 'lost in the post' so far ?

Sailslowly

Hi I was seriously delayed when my flight Majorca - Manchester was diverted (mid flight) to Bristol because Thomas Cook wanted the plane for other passengers. I complained and got nowhere with their final letter stating...

"However, as a charter airline Thomas Cook Airlines do not operate within a published timetable and ae unable to guarantee flight departure or arrival times. I am afraid airlines have no financial liability bla bla..."

My question is as a charter flight is this true not covered under EU regs and has anyone else managed to claim?

Thanks this is my first post

chili2001

morgana wrote: »

How many summonses have they 'lost in the post' so far ?

Several that I've seen including mine!

waxbill

I have posted before and the details are. . .4.5 hour delay to Mallorca. I wrote and got the first 'even cars break down' letter.
I sent a 2nd email telling them I am dissatisfied with their response.
I now want to send a LBA letter which I understand.
Can anyone help with the following;
TC claim. . .
'On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question'.
They have not told me what the problem was so I am completely in the dark.
So, do I send a LBA and at the same time apply to the small claims court or wait for some sort of response??. . .and I understand that if I win I will get the court costs paid but what if I loose?? Is there a chance it will cost me a fortune and if so how much??
thank you in advance.

Vauban

LBA with 14 day deadline. Then court action thereafter.

You need to pay an initial fee, then an allocation fee, then a hearing fee. These all depend on the value of your claim but you get them back if you win.

The other side doesn't pay any fees, and the costs of eg barristers cannot be reclaimed in the small claims even if you lose. You might be liable for witness travel costs if the judge awards against you (though that doesn't seem to have happened to claimants on this forum).

Look at the start of the thread "Taking the airlines to court" - there are some good links that explain what's what.

steve1500

waxbill wrote: »

TC claim. . .
'On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question'.
They have not told me what the problem was so I am completely in the dark.
thank you in advance.

I got a very similar answer

My case has now been allocated to my local County Court & I still haven't got a clue what the EC's are