Flight delay and cancellation compensation, Thomas Cook ONLY

chili2001

edwolf88 wrote: »

my legal expenses insurance do not cover flight delay

Why don't they? Mine did and after a lot of pressing by me have taken TC to court which is due next month.
Not much point paying extra for legal cover if they won't honour it. I would kick up a fuss if I were you.

Mark2spark

edwolf88 wrote: »

my legal expenses insurance do not cover flight delay but thats not what im asking.

can i, or should i prepair for court (with the use of a solicitor) while its in the hands of caa.

these questions have not been asked before

Ed, seriously, don't try and do anything more yourself, find a NWNF firm and hand your case over.

I say that, as, if you don't *know* what to do now, after having read through most of the FAQ's, then preparing for court is not an option for you personally. Solicitor or no solicitor, you won't have the gumption to see it through yourself.
I'm not being rude, just being frank with you.

IMO. Opinions is what the forum is for.

Mark2spark

ajh001 wrote: »

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?

I take it it's not the flight before yours, and that they are claiming a knock on effect?

NBA and court anyway. TC don't divulge tech issues to claimants until a court case is raised, - which should be mentioned when the issue of costs arise.

Mark2spark

DinkyPrincess wrote: »

Thank you - I will do that.

They stated on the phone (the lady telling us we had to make a deposit online first) that we would be 'told the same thing in store' - which again I do not understand, however we've not yet tried this.

I was also going to suggest going into a TC store and trying to book, - don't forget to take a print out of the cost available online, to see that they match it. (Instore prices can be more)

The minimum that should be achieved is that the shop assistant can point you to the bit that says an extraneous deposit is required.

As a further gambit, ask in the shop whether the remainder of the voucher - should a deposit *actually* be required, towards travellers cheques/currency exchange? That way you are effectively converting your £600 deposit into spending money.

debteliminator1

batman44 wrote: »

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.

@ Batman44

Thanks for your valued feedback.

At this stage I've got to start acting fast as the deadline date for completing and filing the Small Claims Directions Questionnaire (Form N180) with the court office is the 7th of Feb.

In answer to your questions.

1. Claim is being directly dealt through Northampton C C.

2. T C defence: Reactionary delayed due to the outbound flight having to divert to Manchester International Airport with a landing gear indication fault. On inspection it was discovered that the aircraft required repair to the Proximity Switch Electronic Unit (PSEU). It is the defendant's case that the delay was caused by extraordinary circumstances.

3. Despite the overall feeling that AESA's findings have very little clout for claimant's, we do feel that their official investigation reads very much in our favour regarding T C's own interpretation of the cause of the delay being extraordinary circumstances.

4. Acting as a litigation friend for the infants and baby. We'll cross that bridge when we come to it.

5. Family party of 9 passengers (claimant's) have already been mentioned, along with the total amount of compensation we are aiming to claim.

As of yet, we haven't responded to T C's request to agree to our claim being stayed pending the outcome of the appeal in the case of "you know who".

Any suggestions or advice at this stage would be greatly appreciated.

Thanks again,

batman44

debteliminator1 wrote: »

@ Batman44

Thanks for your valued feedback.

At this stage I've got to start acting fast as the deadline date for completing and filing the Small Claims Directions Questionnaire (Form N180) with the court office is the 7th of Feb.

In answer to your questions.

1. Claim is being directly dealt through Northampton C C.

2. T C defence: Reactionary delayed due to the outbound flight having to divert to Manchester International Airport with a landing gear indication fault. On inspection it was discovered that the aircraft required repair to the Proximity Switch Electronic Unit (PSEU). It is the defendant's case that the delay was caused by extraordinary circumstances.

3. Despite the overall feeling that AESA's findings have very little clout for claimant's, we do feel that their official investigation reads very much in our favour regarding T C's own interpretation of the cause of the delay being extraordinary circumstances.

4. Acting as a litigation friend for the infants and baby. We'll cross that bridge when we come to it.

5. Family party of 9 passengers (claimant's) have already been mentioned, along with the total amount of compensation we are aiming to claim.

As of yet, we haven't responded to T C's request to agree to our claim being stayed pending the outcome of the appeal in the case of "you know who".

Any suggestions or advice at this stage would be greatly appreciated.

Thanks again,

First, your claim is valid, tech fault are not EC's
Litigation friend forms will need to be filed with Northampton CC with your claim. Tc may say that baby and young children are not entitled to compo if they have not paid for a seat.
You can disagree to a stay but most judges will stay the case anyway, this depends how strong you feel about it.
Northampton CC is the central point and they will allocate to a local court.
Forget what the AESA have said not much good here, nice to have but that's about it.
The choice is yours at this point to agree or not, in my case I have not agreed as i feel I have a strong enough point, no decision has been made. At some stage if you disagree you may well end up going to court and have a wasted trip until the Huzar ruling as that seems to be the airline eggs in the basket so to say so on balance think about it.
Make sure you have named everybody on your claim, and you have somebody to act best to be the lead passenger.
At this stage that's about it. Maybe some on here can add to this. I would also do a search on here to see if anybody else was on your flight and if they have been successful.

waggy17

waggy17 wrote: »

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


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

We have had a response from Thomas Cook to say that they had looked at the wrong leg of the flight!! And we was indeed delayed and have accepted that we are due compensation. However they have offered us £1344 this is for 5 passengers on a long haul holiday, which I do believe is incorrect? I have sent a response back with the amount that I think we should receive also they have said the offer is in vouchers! Again I have said we want cash which is our legal right. Can any one just give me some advise? If they still come back with the wrong figure and does anyone know where they would have got this figure from??

Many thanks

liane87

Recieved Good news this morning, thomas cook have paid me compensation of £2044 ( 4 passengers) for a delay from florida of 6hours in 2009 :j

25/11 - intial letter to thomas cook seeking the 600euros per passenger
30/11 -thomas cook acknowledge receipt of letter
03/12 - claim to have carried out a full investigation and say the fault was extradionary and no compensation will be issued

i then contacted the consumer council for northern ireland ( ni residents have to use this rather than the caa)

12/12 - consumer council confirm they have asked for a full report of the delay
31/12 - rec a letter from thomas cook saying they cant trace the flight ( even though on the 03/12 they were able to tell me the flight was delayed due to a technical nature) They asked for the booking ref or boarding card, which i didnt have BUT i rang thomas cook customer services and was able to get this and confirmation all 4 passengers flew on the flight. If anyone is trying to get there ref number, i called customer services and hit option 2 for insurance claims references

15/01 - consumer council emails me to say thomas cook have confirmed compensation has been paid
16/01 - i rang thomas cook and was no compensation was due
20/01 - thomas cook again told the consumer council compensation had been paid
30/01 - contacted the consumer council again as i hadnt recieved an email or letter from thomas cook
30/01 -thomas cook email me a voucher for £2044
31/01 - i seen the email and rang customer services to change the voucher to cash. Have been told now the money will be in my bank account within 10 working days:j:j


Thought id share my story as the mse forums have been a great source of guidance for me during the claim process. Thank you to everyone who posts. Also i want to let people know you can chance your arm and actually ring thomas cook and get the booking ref. Obviously i didnt say it was for a flight delay claim. I got this by simply calling thomas cook and hitting option 2 for insurance claims references

Vauban

waggy17 wrote: »

We have had a response from Thomas Cook to say that they had looked at the wrong leg of the flight!! And we was indeed delayed and have accepted that we are due compensation. However they have offered us £1344 this is for 5 passengers on a long haul holiday, which I do believe is incorrect? I have sent a response back with the amount that I think we should receive also they have said the offer is in vouchers! Again I have said we want cash which is our legal right. Can any one just give me some advise? If they still come back with the wrong figure and does anyone know where they would have got this figure from??

Many thanks

For a flight from Mexico delayed by over four hours you are due 600 Euros per paying passenger. In cash. Not vouchers or bitcoins or pieces of string.

ajh001

Mark2spark wrote: »

I take it it's not the flight before yours, and that they are claiming a knock on effect?

NBA and court anyway. TC don't divulge tech issues to claimants until a court case is raised, - which should be mentioned when the issue of costs arise.

TC aren't claiming anything! I received the standard response once I submitted my claim of delay due to technical issues which were extraordinary with no specific details - then I referred to CAA - they sent back to TC for re-consideration - TC responded with another standard rejection letter, still no specific details. I e-mailed TC requesting specific details of what these issues were after each rejection - both ignored. Telephoned TC customer services and got that info....they haven't mentioned knock on at all.

If I was delayed due to the previous flight having tech issues therefore a knock on delay to my flight how can I get that info? Do I need to get it? Just trying to get all my info together before issuing NBA & starting court action.