Flight delay and cancellation compensation, Thomas Cook ONLY

bethg2009

Just had an email to confirm TC will be sending me a refund of £1035.00 in VOUCHERS!!! Problem is I want the money not blinkin vouchers. What do I do now?? Am I entitled to the cash/cheque equivalent?? Any advice on how u ask for the money would be appreciated.

richardw

Dear TC, please can I have cash, luv bethg2009

ghol26

Hi
Having been successful in my two previous claims with TC for flight delays I was surprised to receive the car MOT email response today.
I sent copies of the letter given at Manchester airport to explain the delay as being due to technical problems, flight tickets and booking confirmation.
Can anyone point me in the direction of a suitable response to this?
The flight was 16 hrs 35 minutes delayed.
I don't know if this new standard response is worth fighting. Obviously I want to pursue compensation and am hoping that those forumites who have composed a suitably fitting response will be able to help me out here.
Here's hoping.....

bethg2009

richardw wrote: »

Dear TC, please can I have cash, luv bethg2009

Lol nice one;)

David_e

ghol26 wrote: »

Obviously I want to pursue compensation and am hoping that those forumites who have composed a suitably fitting response will be able to help me out here.

If you read the FAQs you'll find the answer - and lots of other useful information.

If they have refused then basically you'll need to issue a legal claim because no amount of trying to "reason" with them is likely to work.

bigolslabomeat

Hello fellow TC complainants!

Been trying to claim for a flight that was delayed over 18 hours and TC have tried lots of tricks, this is the latest:

"Despite extensive investigations we have been unable to locate the flight logs of the aircraft concerned, which would allow us to ascertain the reason for the delay."

Shouldn't the burden of proof be on them? Just because they can't keep good records, they get off? Surely they could just say this to all claimants, how would we prove otherwise?

Anyway, I am going to ask them this and see what they say, but has anyone else here had this same excuse used on them?

superowls

Quick update on my case:

Went to court for a further directions hearing on Monday. The judge was much nicer than the last one and kept stopping the defence council to make sure I understood what was happening. The case has now been sent for a hearing date which should be in around 28 days.

I requested if it was known about the Huzar ruling and the defence didn't seem to know anything about it - the judge said it could be used as guidance for the judge presiding over the trial as it was a circuit judge, he asked if i had copies (this time I had gone prepared after what happend last time) and I gave the defence and judge a copy each.

So, am i correct in thinking that now I have to submit my Directions Questionnarie and also pay a hearing fee? This was not really made clear, but a previous letter did mention the DQ. Once again, thanks for all your help.

carolec49

:(We were delayed 8 hrs flying from Newcastle - Majorca on 23rd June 2012. We were actually taken to the plane in shuttle bus it stood for approx. 5 mins then it turned round & took us back to the terminal! We were given food vouchers (£4 each) When we got home after a couple of weeks I saw the post from Martin stating that Compensation could be claimed!!! Joy! I followed Martin's instructions & got as far as writing to CAA. I received a letter back from CAA stating that they had looked into our claim & that someone, who was on the same flight, had already gone as far as to the court! I have been told that, if that person wins his or her case against Thomas Cook, EVERYBODY that was on that delayed flight WILL be compensated! Can anyone tell me if that is true please?:(Would appreciate any information TY.

David_e

carolec49 wrote: »

I received a letter back from CAA stating that they had looked into our claim & that someone, who was on the same flight, had already gone as far as to the court!

Interesting. How on earth did the CAA know that?

carolec49 wrote: »

I have been told that, if that person wins his or her case against Thomas Cook, EVERYBODY that was on that delayed flight WILL be compensated! Can anyone tell me if that is true please?

If you mean will TC seek out every passenger and give them compensation, then the answer is no - not in a million years. They are not actually obliged to and they wouldn't volunteer it.

If you have evidence that someone on the same flight has won in court, you should have a very good chance of convincing TC that it would make sense for them to pay you too. Failing that, you have a good starting point for your court appearance. I believe that a different judge could reach a different conclusion on the same facts but I can't see that happening post-Huzar.

superowls

Carolec49,
Small claims cases do not set precedent in law i believe. So each claim is judged on the day. Obviously if someone else has won a case, the judge could use this as a guide - the Huzar appeal case is a prime example of this and has come at exactly the right time for me. If you read this you will see that 3 claims from the same flight had been rejected - but Judge Platts found they had been rejected incorrectly.