Flight delay and cancellation compensation, Thomas Cook ONLY

Markie11

Just had an update from NWNF company to say 'We have now received confirmation from the Court that formal Court Proceedings have been issued. The Proceedings have been served on the airline and they are obliged to acknowledge receipt of those Proceedings within 14 days and then provide a formal written Defence within a further 14 days.'

To me, this means within 28 days we TC should have supplied a formal written Defence. I suspect TC will eat up as much as this time as possible.

What happens if they don't acknowledge and/or provide defence?

sging1

DisneyJan wrote: »

I have just received the standard reply from court that Thomas cook acknowledged they intend to defend all the claim and now have 28 days . Whats interesting is that the address for the defence is Thomas Cook airlines Hanger 1 Western Maintenance Area Manchester Airport and its signed by Selina Van den Berg secretary to head of legal UK.

I would have thought their legal dept would be at head office in Peterborough and not a hanger in Manchester Airport .

Has anyone else any thoughts on this ????

This is their legal address.

Thomas Cook Customer Legal
Unit 4a Adwalton Moor Business Park
Inmoor Road
Birkenshaw
Bradford
BD11 2PS

moser1878

sging1 wrote: »

This is their legal address.

Thomas Cook Customer Legal
Unit 4a Adwalton Moor Business Park
Inmoor Road
Birkenshaw
Bradford
BD11 2PS

I have just received the official Defence papers, which Thomas Cook logged with the Court. On that document they provide their address to the Court as:
Thomas Cook Airlines Ltd.,
Hangar 1, Western Maintenance Area,
Runger Lane, Manchester Airport,
Manchester M90 5FL

fightingalltheway

Camerop wrote: »

Hi everyone, this was the last correspondence I had from TC do I have a case for court?? Getting fed up now!!!!




Dear Ms Cameron

I am writing in response to your most recent email and I am sorry that you remain unhappy with our previous reply.

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.

Having checked our records again I can confirm that there has been no change of decision regarding this flight delay.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at caa or call the CAA for advice on 020 7453 6888.

I trust this provides some clarity on our position and I can only apologise once again for the delay you encountered on this occasion.

We have just recieved this letter from TC also after months of not hearing anything!! im still going ahead with my claim through Bott & Co. Looks like another standard letter.

fd1972uk

Also going through Bott & Co. for a delayed flight to Florida in July to Manchester.

Last details are:-

We have received the airlines formal defence and our lawyers are currently considering the contents and deciding the best way to progress matters. In the meantime we are awaiting Directions from the Court, which sets out a timetable of events that will be adhered to by both parties in order to progress the matter to final Hearing, before a Judge. We will provide a further update in due course.


FD

southy1

fd1972uk wrote: »

Also going through Bott & Co. for a delayed flight to Florida in July to Manchester.

Last details are:-

We have received the airlines formal defence and our lawyers are currently considering the contents and deciding the best way to progress matters. In the meantime we are awaiting Directions from the Court, which sets out a timetable of events that will be adhered to by both parties in order to progress the matter to final Hearing, before a Judge. We will provide a further update in due course.


FD

We too have had this email on the 11th November

tigertrumps2

My court hearing is next month but just the other day received a request from Travlaw "asking my consent in agreeing to a stay " due to the recent Huzar v Jet2 appeal, any thoughts guys, myself thinks buying more time but personally 13 months is enough time for anyone, bring it on

razorsedge

tigertrumps2 wrote: »

My court hearing is next month but just the other day received a request from Travlaw "asking my consent in agreeing to a stay " due to the recent Huzar v Jet2 appeal, any thoughts guys, myself thinks buying more time but personally 13 months is enough time for anyone, bring it on

Jet2 do not yet have permission to appeal the Huzar ruling. They have applied for permission to appeal but that will not be dealt with until January 2014 sometime.

http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20133277

I would write to the Court stating that you object to a stay:
1. Permission to appeal Huzar has not yet been granted
2. No formal application for a stay in your case has been made (eg using form N244) just a request by letter.
3. Any stay will increase costs for all parties concerned etc.

tigertrumps2

Resume play then :rotfl:

superowls

received an email today asking for permission to stay the case - 6 days before the hearing!!!

my reply:

While I am aware of the Huzar case, I am also aware that Jet2 do not have permission to appeal this yet and will not have permission until January, if at all.

As no formal application has been made to the court, we will not be giving our permission to stay this case, as I feel that this would only increase costs further.

I also wish to bring to your attention the fact that the hearing is on the 9th December and I am yet to receive any correspondence from the you with regards to any documents or witness statements upon which you wish to rely in the hearing.