Flight delay and cancellation compensation, Thomas Cook ONLY

waggy17

Sorry it should have read 30/04/2013 have edited it.

waggy17

Thanks I have contacted them back with more information, do they use flight stats, do you know? And how will I stand if they have already paid compensation to other passengers on the flight? Any advise is greatly appreciated.

Thanks

111KAB

They do not use flight stats. The fact that they have paid compensation MAY assist if you can get witness statement(s) when/if you go to court.

batman44

redbodyguard wrote: »

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.

You are one of the lucky ones! The answer to you question is yes you can ask for the coin of the relm paid to you bank account. Phone them or send an email or letter rquesting this.

David_e

waggy17 wrote: »

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

Your best bet is to familliarise yourself with the crucial information contained in the FAQs.

Ju499

Ju499 wrote: »

Of course i will. have awful feeling the DJ will just stay it on the day, but am armed with excellent tips off this site and some recent fab help from Vauban.

Ill def keep you all updated.

Let me know when you are near court in your case as the defence i have filed by T Cook refers mainly to your flight, half of it relates to the day before i was due to fly, i.e your Cuban flight!

Ill keep in touch.

Ju

Hi All

attended Court today. Barrister for T Cook, no witness turned up despite filing statement.

Seemed surprised we were well prepared and we knew that the Huzar case was awaiting permission, he stated it was on appeal. Seemed shocked when we gave print off of Court of Appeals listings and made hurried phone calls to T C Solicitors.

Told us he was seeking a stay. We said we would oppose and if successful had questions for his witness, where was he? V Flustered, more phone calls, said they would produce him!!!!! Hearing only listed for 1 and half hours (also said would bring engineer - no statement filed)

Barrister actually a nice chap, v professional.

Deputy D J after hearing the legal argument from T C then heard from us. Agreed T C Sols should have made a formal application to stay in good time. Agreed our costs for attending today should be paid by T C if ultimately successful but stated it was inevitable that the Court would have to stay our case pending the outcome of Huzar.

Rather tellingly, T C representative stated if ruling in Huzar went againt Jet 2, they would be settling our case, and there would be no need to re attend on an adjourned date.

Will hear from Court at end of March, as TC has to advise court of outcome of Huzar within 14 days and if my case needs relisting. (even if Huzar does go TC way, we are still fighting as we still dont think they satisfy the E C test or more reasonable measures.)

I wish i had better news, but T C made a big deal of 'all of the Courts are now staying' etc etc.

Hope this helps some of you. Moral of the story, be prepared!!! Go armed with documentary evidence of your points. - even if its just that the Huzar case is awaiting permission not actually being appealed.

Ju499

socrates1882

flightstats struggles to comprehend delays of more than 24 hours or where you arrive on a different day than scheduled - which is probably the reason for the wrong day being provided.

CraigC1974

Hi All

Just a quick one. About to start the court process against TC after they have maintained that they won't pay the 800 Euros that I believe we are entitled too.

AESA found in our favour due to the fact that TC Airlines were unable to produce the engineering report within the required 30 days, so it didn't even get to what the EC's may have actually been.

TC have still maintained despite AESA's ruling, so just wanted to know if anyone foresees any issues regarding the 30 day ruling.

Anyone else had a ruling in their favour under these circumstances and should this be an open and shut case via the courts to find against TC.

Any advice appreciated.

Thanks

111KAB

CraigC1974 wrote: »

Any advice appreciated.

Read various threads re AESA/NEB/CAA - useful bit of supportive paperwork to have but generally carries zero weight in court.

ajh001

:huh:

ajh001 wrote: »

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.

Update 2 - after ignoring 2 e-mails requesting what the alledged "technical issues" were & why they are "extraordinary" I spoke to customer relations on the telephone yesterday who appologised for my e-mails being ignored and verbally gave me some interesting news and followed up today in writing

"....due to intermittent radar issue. Radar components and engineer sent from UK to Cancun. Antenna Drive replaced.

We have confirmed that this delay is covered by extraordinary circumstances, as the cause of the delay could not reasonably have been foreseen due to Technical Issue.

I hope this information is of assistance to you, but please note that it is only an excerpt from the log provided by the airline, and is not a complete technical account of the reason for your flight delay.


Once again I would like to offer my apologies for our delay in fulfilling your initial request."


I'm stunned - this is not my flight!!! I was in Manchester waiting to fly to Jamaica.....

Any advice how to proceed from here with this juicy piece of information?

:huh::huh: