Flight delay and cancellation compensation, Thomas Cook ONLY

111KAB

hedgehogs wrote: »

Do you think a precedence has now been set for me to pursue the claim?

No however if you do go to Court a witness statement from a fellow passenger who has been paid out may well assist.

dxc_chappie

111KAB wrote: »

No however if you do go to Court a witness statement from a fellow passenger who has been paid out may well assist.

And if you do go to court I'd suggest you request details of how many compensation claims for either your flight or the return flight the airline has paid, and make sure the court has a copy of the request.

If you get no reply it may trigger the Judge to instruct the airline to provide details. It will then be very difficult for the airline to justify why they are paying out for some claims but not others.

Good luck with your claim.

batman44

OMG, its a strange world that we live in, all these extraordinary circumstances that are happening, could it be a freak of nature? it's so strange that they all are happening now. In fact so many extraordinary circumstances everyday that they are now an ordinary occurance.:wall:

David_e

dxc_chappie wrote: »

And if you do go to court I'd suggest you request details of how many compensation claims for either your flight or the return flight the airline has paid, and make sure the court has a copy of the request.

If you can get a witness statemement from someone who has been paid, that may well assist. I'm not convinced asking the general question will help. Worst case is that they say they have made no payments - or possibly have had no other claims - and then use that as part of their defence! Any payments they have made (assuming that they haven't lost a small claims case) will be styled as goodwill payments with no admission of liability, so they will argue no "compensation" has been paid.

I'd be interested in a legal view as to what questions can be asked. You could in theory, for example, ask the airline to disclose their internal instructions to staff dealing with Reg 261/2004 claims, or their accounting provisions for claims, or maybe the legal advice they have received on their liability. I bet that would be interesting!!

David_e

Centipede100 wrote: »

Agree with the point you make about getting a WS from someone on the same flight who has been paid.

Disagree with your second para. The DJ would just stop this sort of questioning as it has zip directly to do with your claim. Don't expect the airline would answer this either, it's just a fishing expedition.

I didn't actually think that it would be allowed - I was just illustrating how you could, in theory, (as you say) go fishing. I am not even sure asking whether they have paid out to other passengers would be allowed either. That is not strictly relevant to the legal point.

However, I think seeing internal staff instructions, etc., would be very interesting!

Vauban

David_e wrote: »

I didn't actually think that it would be allowed - I was just illustrating how you could, in theory, (as you say) go fishing. I am not even sure asking whether they have paid out to other passengers would be allowed either. That is not strictly relevant to the legal point.

However, I think seeing internal staff instructions, etc., would be very interesting!

To be fair, I am aware of a small number of instances where judges have asked - even before the hearing - for the airline to confirm whether it has paid out on this flight yet. And there was an instance, a while back, in Norfolk I think, where a DJ tore a strip off the airline - may even have been Monarch - for having previously defended (and lost) the case, which had been heard by one of his mates.

But I agree with the general sentiment. And I dislike the practice of certain lurkers who think that they need merely hang around for others to do the leg-work (and carry the risk) in bringing a case, and then when it is finally won simply assume that a cheque will be in the post for them too. It is not only lazy, but also mistaken: it doesn't really work like that.

leespot

Vauban wrote: »

To be fair, I am aware of a small number of instances where judges have asked - even before the hearing - for the airline to confirm whether it has paid out on this flight yet. And there was an instance, a while back, in Norfolk I think, where a DJ tore a strip off the airline - may even have been Monarch - for having previously defended (and lost) the case, which had been heard by one of his mates.

But I agree with the general sentiment. And I dislike the practice of certain lurkers who think that they need merely hang around for others to do the leg-work (and carry the risk) in bringing a case, and then when it is finally won simply assume that a cheque will be in the post for them too. It is not only lazy, but also mistaken: it doesn't really work like that.

Do you mean the risk of someone bringing a case themselves? If using a NWNF company I'd see the risk as being fairly limited, as most of that risk is passed on to the company acting.

Vauban

leespot wrote: »

Do you mean the risk of someone bringing a case themselves? If using a NWNF company I'd see the risk as being fairly limited, as most of that risk is passed on to the company acting.

Yes that's right. If you go with a (reputable) NWNF company, you carry no risk. But you do lose a significant slice of your award if you win, of course.

steveoat

spoke to thomas cook on phone and they said not a valid claim as it was due to a wiring fault inspection, how would they have known it was going to take four hours

radiobantam

Encouraged by MSE I submitted a claim to Thomas Cook for a 2010 flight from Turkey to UK, which was delayed by 6 hours.


Thomas Cook say we need to provide proof of travel (invoice / boarding pass etc) as they can not locate us on the flight we claim.


Is this a standard Thomas Cook blocking tactic, as I doubt many people have such documentation from 4 years ago? Is there a way around this blocking tactic without such doco?