Flight delay and cancellation compensation, Thomas Cook ONLY

tigertrumps2

superowls wrote: »

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

They are having a laugh, i have received the same although my case isn't due until January !!!! Good luck for next Monday and let us know the outcome

tigertrumps2

superowls wrote: »

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.

They are having a laugh, i have received the same although my case isn't due until January !!!! Good luck for next Monday and let us know the outcome

gettingagitated

Hopefully this will encourage others.

I filed an online claim and TC said they would defend. I noticed a defence was received on the 29th November so I've spent the last few days thinking about my case.

Today, I received the letter from TC:

"We write further to the above matter and advise that having investigated this matter further we have decided that we will not be defending your claim for compensation.
Therefore we will be raising payment for the sum of £700 in full and final settlement of this matter.

We kindly request that you write to the court to advise that this matter has been settled and provide us with a copy of the same.

In the meantime we attach a copy of the defendant's defence and notice of change which we have filed at the court today."

Interestingly the legal papers basically say they will pay but they deny each and every allegation pleaded.....

Not surprised they continue to deny everything!!

To everyone still fighting the battle keep going, TC flatly refused me 3 times before I took them to small claims.

My thanks to Vauban & Mark2Sparks for giving me the encouragement to continue when my confidence was waning.

If I have trouble getting the money, I'll be back (where have I heard that before)?

natalie0301

I recently wrote to Thomas Cook requesting compensation following a flight cancellation where we were delayed for 12 hours before being allocated seats on an alternative flight back to the UK.

I used the MSE template letter and understand that we are owed €1600 compensation (€400 x 4 passengers).

I have just received an email from TC offering a £400 holiday voucher.

Whilst I understand that I do not have to accept the vouchers and can request a cheque, however, I am unsure whether I should simply respond with a "thanks but no thanks" to-the-point letter or is there a format I should follow? Or would the suggestion be to simply accept the £400 and be on my way?

Any advice would be gratefully appreciated.

David_e

natalie0301 wrote: »

I have just received an email from TC offering a £400 holiday voucher.

Whilst I understand that I do not have to accept the vouchers and can request a cheque, however, I am unsure whether I should simply respond with a "thanks but no thanks" to-the-point letter or is there a format I should follow? Or would the suggestion be to simply accept the £400 and be on my way?

Any advice would be gratefully appreciated.

I would just keep it brief - polite but assertive. Tell them that Regulation 261/2004 provides for compensation of €1600 (cash!) and that if they don't agree to pay that amount within 14 days, you reserve the right to bring legal proceedings. Their offer suggests they know you have a watertight case.

natalie0301

David_e wrote: »

I would just keep it brief - polite but assertive. Tell them that Regulation 261/2004 provides for compensation of €1600 (cash!) and that if they don't agree to pay that amount within 14 days, you reserve the right to bring legal proceedings. Their offer suggests they know you have a watertight case.

Thank you for your advice - I have emailed them this morning so will see what they say. I don't want to tempt fate but they seem to be responding pretty quickly at the moment...

marco44

troonmaroon wrote: »

Well, we're back! In the end we were just over 4 hours late outbound. So, time to claim... BUT I'm not sure I've the energy to drive it through myself. However, we've got legal cover in our home insurance so I might explore that option. Otherwise I'd maybe go with bott and co. But what are the chances that my home insurance legal folk would win the case over and above the bott and co experts...?! Is it worth the 27% fee?

Thoughts welcome.

Cheers

I gave up with my claim with TC like you I did not have the time and energy. So I got in touch with my house insurance and they put me in touch with a firm of solicitors. I gave them my details and they got back to me tel
ling me that they thought that I had a less than 50% chance of winning my case so they could not carry on with my claim.
So I have now got Bott & Co handling my claim hopefully will get some satisfaction.

111KAB

marco44 wrote: »

I gave up with my claim with TC like you I did not have the time and energy. So I got in touch with my house insurance and they put me in touch with a firm of solicitors. I gave them my details and they got back to me tel
ling me that they thought that I had a less than 50% chance of winning my case so they could not carry on with my claim.
So I have now got Bott & Co handling my claim hopefully will get some satisfaction.

When Botts win I would go back to your insurance company and tell them you 'lost' 27% of your claim and you expect them to make up the shortfall!

steve1500

My reply to TRavlaw

At the present time, I cannot agree to consent to stay our case. My reasons for this, are two fold.

I have never been told exactly what the Extraordinary Circumstances are, that Thomas Cook are relying on.

Without knowing precisely what the Extraordinary Circumstances are, how can I make informed decision, as to whether the Huzar ruling, is even applicable in this case.

If can tell me the precise reason for the delay, then I can make an informed decision, as to whether, the Huzar ruling, is, in my opinion, applicable.

Secondly, at the present time, Jet2 have only applied to the Court of Appeal for, permission to appeal the Huzar ruling.

Permission to actually appeal the decision, has not yet been granted.

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

marco44

111KAB wrote: »

When Botts win I would go back to your insurance company and tell them you 'lost' 27% of your claim and you expect them to make up the shortfall!

Good Idea.
Hopefully I will win my case and I will contact my insurance company.