Flight delay and cancellation compensation, Thomas Cook ONLY

thunkpad

Just been emailed a £690 voucher - have replied asking for cash instead.

Calers

gracie191 wrote: »

Hi I'm new to this so sorry if I ask anything that seems abit obvious. Me and my boyfriend were delayed 4 hours and 5 mins in lanzarote for flight TCX7125. We were told in flight that it was due to damage to the aircraft (I'm sure they said the fan?) that required a specialist to check. We were told they had to get the specialist from gatwick to give them the ok to fly the aircraft; so I'm assuming the delay began in the uk.

Gracie - I was on this flight too and while I have been corresponding with TC since August, have only just checked this forum today.


TC have so far refused my requests for compensation using the exceptional circumstances get out. I tried to go through CAA but was directed to the Spanish air authority AESA. They have advised that after their investigations, TC have not proved exceptional circumstances and I should be paid 400Eu/passenger.


TC have confirmed today that they are not changing their decision and as far as they are concerned, the case is closed.


So , I have now submitted an MCOL application and let's see how that goes. It cost £70 but worth it if I get the £1000+ I'm due - the £70 fee is included in/refunded with the MCOL application.


Will update when I know any more.


My advice - keep going, don't give up and get what you deserve!

spiker79

i like to say i got a voucher today for £1045. after only three weeks of complaining to them they did try to palm me off a few times but i kept on at them.. so this actually works.. i wouldnt even of tried if i had not looked at this site as my holiday was four years ago.:beer:..

batman44

I got my allocation, just a few questions. How much time will I get in court? How do I reply to the defence? Can i use other evidence to argue against a point in the defence? How long befor I need to submit documents of my case? I know its a little stupid but i just need to be clear in the direction i am going.

batman44

batman44 wrote: »

I got my allocation, just a few questions. How much time will I get in court? How do I reply to the defence? Can i use other evidence to argue against a point in the defence? How long befor I need to submit documents of my case? I know its a little stupid but i just need to be clear in the direction i am going.

Oh I have looked at the taking the airlines to court thread

David_e

spiker79 wrote: »

i like to say i got a voucher today for £1045.

As good as it is to get something, you do know you are entoitled to cash?

razorsedge

batman44 wrote: »

Oh I have looked at the taking the airlines to court thread

Is this your allocation to the small claims track or is it a court hearing date that you have been allocated? If the latter, then you should have some 'Directions' from the Court in the same letter regarding bundle submission dates (usually 14 days before your hearing) and estimated time allocated for the hearing.

You can use any 'evidence' to argue your case/rebutt the defence case. It will be up to the DJ on the day to decide what weight and credibility to give to each piece (of yours and theirs).

Most advice points towards replying to the defence point by point, in your statement that is included with your court bundle.

batman44

razorsedge wrote: »

Is this your allocation to the small claims track or is it a court hearing date that you have been allocated? If the latter, then you should have some 'Directions' from the Court in the same letter regarding bundle submission dates (usually 14 days before your hearing) and estimated time allocated for the hearing.

You can use any 'evidence' to argue your case/rebutt the defence case. It will be up to the DJ on the day to decide what weight and credibility to give to each piece (of yours and theirs).

Most advice points towards replying to the defence point by point, in your statement that is included with your court bundle.

This is the allocation to the small claims track, still early in the proceedings I think. Good, I just wanted to know that all my research and evidence is wasted. I am preparing to blow them out of the water.

cdufall

Been fighting for compensation since February. Went to small claims court, they offered compensation for the 2 adults on flight but not for 2 children. I rejected this & they issued papers to go ahead & defend claim in court. I filed my questionnaire with court to proceed in court. Hey presto, next day they offer me full amount. Do not give in to their delaying tactics and attempts to fob you off with their legal jargon. If interested flight was TCX1016 on 27 July 2011 to Larnaca.

RenTheRoosta

Hi there

My Thomas Cook flight back home from Tenerife Sur Airport was delayed by a total of 17 hours last November. I wrote to Thomas Cook using the templates and they tried to fob me off saying they did not have to pay compensation. I referred the matter to the AESA as it was in their country the delay took place. They investigated and did a report saying the mechanical failure reason for the delay was not extraordinary circumstances and Thomas Cook were liable for compensation to me in the amount of 400 euros per person. I sent a copy of the report to Thomas Cook who have replied:

On receipt of your 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 go on to suggest I contact the CAA if I am unhappy with this.

I suspect they are trying to fob me off outright ignoring the AESA report which holds them liable and advising me to take it up with the CAA as they know that isnt the way to complain as the delay happened in another country.

My question is - what should my next move be? I know they are liable to compensate me as their excuse does not hold up and the AESA report names them liable. I'm just not sure how to proceed from here?

I would be very grateful for some advice?

Thank you