Flight delay and cancellation compensation, Thomas Cook ONLY

J_B

mandy1955 wrote: »

hi I cannot find anything called NBA letter..i have read the FAQ's but I don't know what that is?? I am sorry if I am that poster in the above post..but I have tried to find NBA??

OK ....
In the 'Flight Delay Compensation Board' there's a green down arrow entitled 'search this forum' (slightly down on the right)
Press it and type in NBA
It brings up 89 results in 0.07seconds ... so it tells me on my PC

mandy1955

Thank you JB. Much appreciated.

185878

Hi, I posted this last week but I put it on the wrong forum, sorry about that. This flight was delayed for 16 hours due to a blown hydraulic solenoid. I have been to and fro with Thomas Cook and the CAA for months now with no success .I read with interest an earlier post that this damage was due to a hard landing and could be due to pilot error, witch is going to be difficult to prove. I have done some digging and found some very interesting history about this particular aircraft. It is over 20 years old and was involved in a crash landing blamed on a hard landing. This occurred on the 22nd May of 2005 in the Dominican Republic. The aircraft reg is G-TCCA ( frame number 27205 ) . The damage was quite severe and resulted in the aircraft almost splitting in two just after the cop-pit. Google this and you will see and read about this incident and the multi-million dollar law suit that followed. Now for me this is a whole new ball game, how can Thomas Cook say my delay was due to extra-ordinary circumstances when this aircraft is an old banger with a dodgy service history and but for some inspired engineering by Boeing repair specialists a write off. I think this aircraft shouldn't be flying let alone having "extraordinary failures " This shows that when you claim you should spend as much time as you can backing up your case as you never know what you may find. ( The aircrafts registration at the time of the Punta Cana incident was C-GLMC , it changed when bought by Thomas Cook.)

doz123

I am in the process of going to court with a NWNF company.


I have just received an answer from the CAA after 14 months stating this.


After considering all the evidence available to us, it is our view that the disruption of flight TCX908K is of a type which means that the airline does not need to pay compensation. It appears from the documentation provided that there was a technical fault, which means that, under these specific circumstances, the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the ‘extraordinary circumstances’ exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.


Now this is the reason Thomas Cook gave me a few months ago.




Flight TCX908K Manchester to Santorini 31/08/2010
Due G-FCLE "late release from maintenance" Delay7.50hrs. Considered an extraordinary event as every effort was made by the engineering department to ensure spares were obtained and relevant maintenance checks were carried out. Although the aircraft was late off a CHECK2Athere was a delay in sourcing a spare FLAP DRIVE UNIT which had to be obtained from TUI in Luton. Every effort was made by the engineering department to obtain this spare and once installed FLAP DRIVE AND RUDDER lube could be accomplished EGR were performed prior to the lube to minimise the delay out of the hangar.
Do you think I still have a claim, I thought technical faults were not ‘extraordinary circumstances’ . Surely parts should be in stock and not having to send to Luton for the part.
Can anyone help.

111KAB

doz123 wrote: »

I am in the process of going to court with a NWNF company.

Tell your solicitor and leave it there.

Vauban

111KAB wrote: »

Tell your solicitor and leave it there.

Though no doubt the CAA will have told the airline of their "finding", who will in turn reference the decision in court. More reasons not to go to the CAA.

ajh001

ajh001 wrote: »

Hi first post on forum so here goes.

13/7/13 TCX108 Manchester - Montego Bay flight delayed over 6 hours, submitted a claim for compensation under EU regs using the MSE template and Thomas Cook responded after 18 days with what I understand is the standard "technical issues" therefore "exceptional circumstances" reply and no compensation is due. To my understanding of the regs this is not a valid reason to reject my claim. I have today submitted a complaint to the CAA to see if they agree with me that compensation is due. I will await their response and if they agree with me I will take Thomas Cook to the small claims court.

Should I respond to Thomas Cook and let them know that I've referred it to the CAA or keep quiet?
I understand that the CAA has a backlog of complaints but does anyone know what the current timescale is?
Is there a time limit to take my cliam to the small claims court - depending on the CAA outcome?

Thanks

15/1/14
Update
CAA referred claim back to Thomas Cook who today wrote back stating that they are sticking with their original decision....

"I am writing further to being contacted by the CAA to review your claim for a payment in line with Regulation 261.

Having reviewed your case Thomas Cook believes the delay can be considered extraordinary circumstances and all reasonable measures were taken to avoid the delay in question. In view of this we do not feel a payment is appropriate in this case.

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

Kind Regards,
Ross Milne
Customer Relations"


Still not received from TC any details of what the alledged technical issues were and the reasons as to why they are extraordinary. Looks like Small Claims Court for me.

Hoyerman

Hi there,

I am trying to find out where the responsibility lies for knock on delays as I have read lots of conflicting advice on this...?

I was travelling on TCX3526 Glasgow-Antalya on 17/06/12 which was delayed by 6 hours 30 mins due to a delayed incoming aircraft. The incoming aircraft was delayed (as disclosed by our pilot after takeoff) due to a failed hydraulic pump requiring replacement prior to departure of the incoming flight. - does this count as a technical failure or does that not apply as it did not occur on MY flight?

There was a spare TC aircraft at Glasgow throughout, but I am not aware (and TC have not advised) whether or not this was serviceable. Crew hours should not have been an issue as it was a new Glasgow crew on the outbound flight.

TC have, in their own inimitable way, denied compensation and refused to disclose the reason for the failure claiming EC applies. They have even gone so far as to say (when pressed) "we are not going to provide you with exact details of the cause of the delay as we are under no obligation to do so. "

As someone who lives near Glasgow, I would obviously be claiming under Scots law - does this have any bearing/effect on the case and evidence - or are TC just stalling to see if I will give up and go away?

So...
(a) Can I have a valid case with a Knock on Delay?
(b) Can I force TC to disclose the reason for EC (I would think that they should be under SOME obligation here?)?
(c) If they do not - will that have any weight in my case?
(d) What difference will Scots Law make?

Thanks
H

P_Doff

Hoyerman wrote: »

So...
(a) Can I have a valid case with a Knock on Delay?
(b) Can I force TC to disclose the reason for EC (I would think that they should be under SOME obligation here?)?
(c) If they do not - will that have any weight in my case?
(d) What difference will Scots Law make?

Thanks
H

In my opinion (and thats all it is)
(a) In the circumstances you describe, yes.
(b) If TC claim EC then the onus is upon them to prove them.
(c) N/A see (b)
(d) None save the limitation period.

ajh001

Hi Marco44, just wondered how you were going on with your claim with TC for this flight. I ask because I was delayed at Manchester waiting for your plane to land....
I wonder if you could supply me with your scheduled and actual departure and arrival dates & times, as it would really help me with my TC battle, they are claiming my flight had issues - but the reality is they just didn't have a plane cause it was stuck in Mexico with you guys.... I feel your pain! Thanks in advance