Flight delay and cancellation compensation, Thomas Cook ONLY

debteliminator1

COULD YOU PLEASE HELP.

It's decision time...

...And we are not sure which route to take at this time regarding our recent compensation claim against Thomas Cook Airlines Ltd for a delayed (9 hours)inbound flight, back in June, 2013.

Claiming flight delay compensation for a family party of 9 passengers in total, including 2 infants and 1 baby.

Received "Notice of Proposed Allocation to the Small Claims Track" from Northampton (CCBC) County Court informing us that it is now a defended claim.

Thomas Cook Airlines have written to my wife (the Claimant), and the Court, that they are requesting her consent to our collective claim being stayed pending the outcome of the appeal in the case of Huzar v Jet2.

Thomas Cook Airlines go on to state, "Our experience to date has been that Courts are granting stays in cases that proceed to final hearing and we are simply trying to avoid wasting Court time and costs of attendance".

We have yet to respond to Thomas Cook Airlines request as we do not know what to do for the best at this particular time.

Personally, I do feel we have a strong enough case against Thomas Cook Airlines to go right ahead and pursue our claim regardless of the final outcome of the Huzar v Jet2 case.

Reason being, we have already received written confirmation from Air Safety State Agency "AESA" (Spain) stating:

In this case, AESA considers that the company has not proved the concurrence of extraordinary circumstances pursuant to Regulation (EC) No. 261/2004. Accordingly, the air carrier should pay you a compensation for the amount of 400 Euro per passenger, being a flight of more than 1500 km (Almeria - Birmingam, 1736 km).

It was purely on the strength of the above paragraph why we decided to pursue our collective claim for delayed flight compensation against Thomas Cook Airlines Ltd.

I would really appreciate any advice on what our best course of action should be at this time going on the information I have presented to you above.

Do you reckon we should pursue our claim in the hope that the Court does not grant a stay in our particular case, or accept Thomas Cook Airlines stay, pending the outcome of the appeal in the case of Huzar v Jet2?

Obviously any forthcoming advice would not be construed as legal advice, but would help towards us making an informed decision on how best to move forward with our claim.

Many thanks in advance,

edwolf88

David_e wrote: »

That's fair enough; it only makes some sense to me because I have some experience of reading and interpreting legislation.

The point is that the information you appear to be looking for is in the FAQs etc..

You say "if this was even to go to court I would have to be represented". That's the point. Either you have to do that yourself or pay someone. If you are not finding it easy to digest the information in the forum, you will probably find it difficult to put together and present a (successful) court case. There's no shame in that; I've never done it and don't relish the prospect. If you use a no win no fee firm, they do it for you so you don't have to spend time and effort trying to get to grips with the law and process.


I hope you are sucessful, however you chose to take it forward.

thanks
first i should probly need to wait for caa again. i took my case initially to TC then to caa who passed it back to TC without assessing who still wont budge so its gone back to caa where it is now.
i will be taking advice off the forum about nwnf

but i have just this moment found something on my home insurance which i seem to pay extra for called legal services with legal expences, maybe give them a ring first

batman44

debteliminator1 wrote: »

COULD YOU PLEASE HELP.

It's decision time...

...And we are not sure which route to take at this time regarding our recent compensation claim against Thomas Cook Airlines Ltd for a delayed (9 hours)inbound flight, back in June, 2013.

Claiming flight delay compensation for a family party of 9 passengers in total, including 2 infants and 1 baby.

Received "Notice of Proposed Allocation to the Small Claims Track" from Northampton (CCBC) County Court informing us that it is now a defended claim.

Thomas Cook Airlines have written to my wife (the Claimant), and the Court, that they are requesting her consent to our collective claim being stayed pending the outcome of the appeal in the case of Huzar v Jet2.

Thomas Cook Airlines go on to state, "Our experience to date has been that Courts are granting stays in cases that proceed to final hearing and we are simply trying to avoid wasting Court time and costs of attendance".

We have yet to respond to Thomas Cook Airlines request as we do not know what to do for the best at this particular time.

Personally, I do feel we have a strong enough case against Thomas Cook Airlines to go right ahead and pursue our claim regardless of the final outcome of the Huzar v Jet2 case.

Reason being, we have already received written confirmation from Air Safety State Agency "AESA" (Spain) stating:

In this case, AESA considers that the company has not proved the concurrence of extraordinary circumstances pursuant to Regulation (EC) No. 261/2004. Accordingly, the air carrier should pay you a compensation for the amount of 400 Euro per passenger, being a flight of more than 1500 km (Almeria - Birmingam, 1736 km).

It was purely on the strength of the above paragraph why we decided to pursue our collective claim for delayed flight compensation against Thomas Cook Airlines Ltd.

I would really appreciate any advice on what our best course of action should be at this time going on the information I have presented to you above.

Do you reckon we should pursue our claim in the hope that the Court does not grant a stay in our particular case, or accept Thomas Cook Airlines stay, pending the outcome of the appeal in the case of Huzar v Jet2?

Obviously any forthcoming advice would not be construed as legal advice, but would help towards us making an informed decision on how best to move forward with our claim.

Many thanks in advance,

I would suggest you give us an idea of what the fault was so we can assess if your claim is valid, you must make sure your claim was made via the Northampton court direct not MCOL, what does TC defence say? If you feel you have a case without Huzar then do not agree to stay the case, this is what they send all claims at the moment. Basically a little more detail would help get you the best answers on here, you could use the letter from the spanish aa but we find on here they are not much help with what a judge would think about TC claims of EC's. Also you will have to act as a litigation friend for the infants and baby, you need to complete forms for that, and you will need a letter of authority to act on behalf of all the others, you are still in an early stage yet so this all come later so if you have not got it all correct this may cost you to correct it if all the claimants are not listed on the claim forms.

111KAB

If this case is via MCOL it is unlikely that the form has been completed correctly ('claimants') if via Northampton for 9 passengers/claimants. This point should be addressed first.

Mandy22164

Mandy22164 wrote: »

Did a little looking at the sites from the first post and :


On-time Departure Term Arrival Term
Flight Rating Airline Sched Actual Gate Sched Actual Gate Status Equip. Track
TCX 527
Thomas Cook Airlines 9:52 PM ~
1:50 AM 10:05PM T-1 Landed
It says the flight was due in at 1.50am but did not get in till 10.50pm that's 20 odd hours.
Can't seem to find a email address for Thomas Cook filled a form out from the web site see what that does.
Thanks again MSE good job.

Got this email from them but how do I find this info out.



I am writing in response to your letter regarding your travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause

I note your request for a payment under Regulation 261/2004 due to the delayed departure of your flight. With the limited information you have supplied we have been unable to trace your booking, despite searches on our reservations system. In order for us to continue with the claim we would ask you to supply one of the following documents, which will confirm that you travelled on the flight in question.

1.Your confirmation invoice (from your tour operator or your travel agent)

2.Your ticket

3.Your boarding card

Unfortunately, without the above documentation, or any other evidence that you may have that confirms you travelled on the flight, I will be unable to proceed with your claim. I look forward to hearing from you shortly and hope we can assist you further with this matter.

Kind Regards,

Daniel McLaughlin

Customer Relations

Let's go!

Visit us at https://www.thomascook.com, Thomas Cook stores nationwide.

This correspondence is confidential, may be legally privileged and is for the intended recipient only. Access, disclosure, copying, distribution or reliance on any of it by anyone else is prohibited and may be a criminal offence. Please delete if obtained in error.

Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be otherwise.

Thomas Cook
Customer Relations
Tel No: 0844 8798 136
Opening Hours: 8am-8pm Mon-Fri, 9am-5.30pm Sat.

Thomas Cook is a trading name of Thomas Cook Tour Operations Limited
.
Registered Office: The Thomas Cook Business Park, Coningsby Road, Peterborough, PE3 8SB
Register in England No. 3772199

scottishnellie

Hi all,


I used this thread July-October last year to help me make a claim for being 5hrs delayed Glasgow-Turkey and 6hrs delayed Turkey-Glasgow on flights TCX3502 20th June 2013 and TCX3503 3rd July 2013. I have eventually been paid out for both flights so wanted to provide an update incase anyone else was initially refused for these flights


06/07/2013 - posted initial claim for 4 x 400 euros each way = 3200 euros
13/07/2013 - email rec'd acknowledging claim giving case no
18/07/2013 - email rec'd standard reply declining compensation for outbound flight citing 'technical issues' no mention of inbound flight
18/07/2013 - I emailed back asking why no mention of inbound flight and saying I would issue NBA
19/07/2013 - Posted NBA asking for details of technical issue for outbound flight and asking that they respond regarding inbound flight
20/07/2013 - Email rec'd offering voucher for £1406 for inbound flight TCX3503, saying to phone them with bank details if I want cash instead. Did this and payment rec'd to bank account approx. 10 days later.
22/07/2013 - Filed claim with CAA and rec'd case reference
27/07/2013 - Email rec'd from TC to say investigation showed technical fault was extraordinary but no details
28/07/2013 - Requested more detail saying it was to allow me to make an informed decision on legal action regarding flight delay in TCX3502
06/8/2013 - Email rec'd from TC saying it was due to an airport closure which had a 'knock-on effect'
09/08/2013 - I emailed back asking for more detail on the airport closure and asking (among other things) why were we repeatedly told by ground crew on 20th June that the reason for our delay was that there was 'a mechanical problem with the inbound flight' and that it was 'broken down at its previous destination' the that TC 'can't get the aircraft back to Glasgow so have to bring in other aircraft'
10/08/2013 - Email rec'd from CAA saying they had sent it back to TC to reconsider the claim


At that point I looked into the possibility of court action but found it far more complicated than it appeared to be in England and decided I didn't have the time to do it so assumed that was it.

Then on 21st January I suddenly had an email from TC saying after reconsideration they were paying out on flight TCX3502 and enclosing a voucher for £1360. Phoned them to give bank details instead and they have confirmed it will be in my account by the end of this week.

I know of at least one other passenger who was also originally declined for TCX3502 20/06/2013 so should now be entitled to payment.

Am delighted to have got back a total of £2766 for our delays last year, and would never have managed it without the information and support of this thread. Thanks so much everyone who contributes

David_e

Mandy22164 wrote: »

Got this email from them but how do I find this info out.

1.Your confirmation invoice (from your tour operator or your travel agent)

2.Your ticket

3.Your boarding card

Unfortunately, without the above documentation, or any other evidence that you may have that confirms you travelled on the flight, I will be unable to proceed with your claim.

Not sure what you mean. They have asked you for various documents that you would have had in relation to your flight. Do you have them? If so, send copies, not originals. If you haven't, there are other ways to demonstrate you were on the flight. It's a regular question on the forum. Just do a search.

waggy17

Hi, all forum members I am brand new to this forum so please be gentle with me if I ask irrelevant questions!

Any help or advise on the below claim would be greatly appreciated.

We was on the flight TCX 149, Cancun to Manchester, 30/04/2013 and on route was diverted to Bermuda due to a on flight entertainment system setting on fire, which resulted in a 20 hr delay. I have looked on flight stats and this is showing that we landed at 3.23am on the 01/05/2013 which is incorrect because we actually landed at this time on the 02/05/2013. Will Thomas Cook be using this information? Because I have done all the relevant things and submitted my claim to them and have got this response.


I am writing in response to your letter regarding your recent travel arrangements with Thomas Cook.

Initially, I would like to apologise for the disruption to your flight plans. Please be assured that a lot of work goes on behind the scenes to ensure that any delays are kept to an absolute minimum, as we do fully understand the inconvenience and frustration these can cause.

I can see that you are making a claim for a payment under Regulation 261/2004. Having carried out a full investigation it would appear that your flight was not delayed for the qualifying period specified in the regulation. In view of this a payment is not applicable under the rules of the scheme.

Please be assured that on-time performance is a key measure for us as a business, and we constantly review our operations to ensure we deliver the best results, and service. I would like to offer our apologies for any inconvenience you were caused on this occasion and I hope that despite this, your stay was found to be an enjoyable one.

I have looked through this forum and found other posters that claimed for this same flight delay and been paid compensation! I have sent my response back to Thomas Cook stating that we was delayed and for 20 hrs and they need to re- look at the claim.

Any advise on the above and what the next step should be if they still refuse would be appreciated.

Thanks

redbodyguard

Centipede100 wrote: »

I am starting this thread for those claiming flight delay or cancellation compensation from Thomas Cook.

Any posts regarding any other airline in this thread will be ignored (at least by me).

New to forum.
I have recently made a claim and Thomas Cook have accepted responsibility for delay. But they have offered a Voucher rather than cash , can I ask for cash compensation or do I have to accept the voucher towards another Thomas cook holiday.

Vauban

waggy17 wrote: »

We was on the flight TCX 149, Cancun to Manchester, 30/05/2013 and on route was diverted to Bermuda due to a on flight entertainment system setting on fire, which resulted in a 20 hr delay. I have looked on flight stats and this is showing that we landed at 3.23am on the 01/05/2013 which is incorrect because we actually landed at this time on the 02/05/2013. Will Thomas Cook be using this information?

You are adding to the confusion! Your flight left Cancun on 30th April, not May.

Flightstats is just wrong: your plane couldn't have made the journey in the time it claims (about 4-5 hours).

Best thing to do is to write again to the airline, asking them to provide dates and times of arrival/departure.