Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

bootleggeruk wrote: »

Indeed i did, sorry to say.

But feel like i have to go through the motions as to cover all bases etc...;)

You are not covering all bases. You are lessening your chances of getting compensation.

CHP47

I wonder if anyone can help.I have now reached a crossroads.The CAA have said I do have a valid claim but Thomas Cook have twice ignored them and told me they have enough evidence to defend their claim of extraordinary circumstances.I have asked several times for an explanation for the delay but nothing has been forthcoming.


What do I do?
Do I give up?
Wait for the appeal by Jet2
Can I force Thomas Cook to show me their evidence?
Do I ask the CAA for their findings?
Do I plough on regardless and go to the small claims court and call Thomas Cook's bluff
Do I employ a NWNF lawyer?


Any advice and help would be most helpful
Kind regards
CHP47

Vauban

CHP47 wrote: »

What do I do?
Do I give up?
Wait for the appeal by Jet2
Can I force Thomas Cook to show me their evidence?
Do I ask the CAA for their findings?
Do I plough on regardless and go to the small claims court and call Thomas Cook's bluff
Do I employ a NWNF lawyer?


Any advice and help would be most helpful
Kind regards
CHP47

Neither the CAA nor TC will share further info with you. So that's out, I fear.

Why would you walk away if you could hand it over to a NWNF lawyer? That doesn't make much sense.

So I think your choice is to hand it over, or start a claim yourself. This has been the consistent advice of experienced posters on this forum, but no one can advise you which is best for you. NWNF will cost you about 30%; doing it yourself will be a lot of hard work, if the airline defends all the way to court.

So what are you gonna do?

Dr_Watson

Vauban wrote: »

Neither the CAA nor TC will share further info with you. So that's out, I fear.

Why would you walk away if you could hand it over to a NWNF lawyer? That doesn't make much sense.

So I think your choice is to hand it over, or start a claim yourself. This has been the consistent advice of experienced posters on this forum, but no one can advise you which is best for you. NWNF will cost you about 30%; doing it yourself will be a lot of hard work, if the airline defends all the way to court.

So what are you gonna do?

Do listen to Lord Prof Vauban, the advice given there is simple and consistent.
Ask yourself if you fancy plenty of detailed forum searching, (although the advice is there), getting yourself familiar with the regulation you are claiming under and the case law that surrounds it, and then building your case when TC show their hand- and this will only happen if you threaten/take TC to court.
Fancy none of this?
Then don't walk away......it can be hard work, some relish this, others don't.
Use the services of a NWNF company and see if your legal cover on your home insurance at the time you suffered your delay will cover the costs of this- take a look at page 1 of the thread.

hungledink

Been reading the posts since I posted about my 'victory' and it sounds like I'm probably being optimistic in thinking I may be getting comensation.

It's appears the unanimous opinion is that the CAA are nigh on useless in these matters.

If they've told me that Thomas Cook have agreed to pay compensation should I take this with a punch of salt, or is this a more concrete outcome than usual?

David_e

hungledink wrote: »

Been reading the posts since I posted about my 'victory' and it sounds like I'm probably being optimistic in thinking I may be getting comensation.

It's appears the unanimous opinion is that the CAA are nigh on useless in these matters.

If they've told me that Thomas Cook have agreed to pay compensation should I take this with a punch of salt, or is this a more concrete outcome than usual?

There's a very significant difference between the CAA "advising" an airline to pay (as sometines happens) and an airline agreeing to pay after CAA intervention (which appears quite unusual). If you take things at face value then you are home and dry - but obviously I would see if the cash arrives before celebrating too much!

DinkyPrincess

David_e wrote: »

Sorry, I didn't read your post properly.

You need to go back to them and point out the difference between what they are saying in their email and what the terms of the voucher say.

If they aren't honouring the voucher as the terms provide, you need to have words with them but I'm not sure what the legal position is. Are they reneging on the original agreed settlement of your claim? I would say probably so. Point this out and say that you will resurrect your claim if they don't give you full value. I'd personally email the Chief Executive: harriet.green@thomascook.com. That often gets results.

Presumably you aren't able to book the holiday in store and use the full voucher value that way? Not ideal but might be the quickest resolution.

Hi David,

I emailed Harriet Green who apologised and the same chap who previously told me that the £600 would not be refunded then miraculously told me that it would be and that the voucher can indeed be used as full payment.

If anyone else does have issues using a voucher then I'd suggest this method as it was sorted instantly and my summer break is now all booked up! I paid a little extra and got 10 days - a longer holiday than I am normally able to take - and I cannot wait until June

Thanks so much for your help :rotfl:

Samantha

David_e

DinkyPrincess wrote: »

Hi David,

I emailed Harriet Green who apologised and the same chap who previously told me that the £600 would not be refunded then miraculously told me that it would be and that the voucher can indeed be used as full payment.

If anyone else does have issues using a voucher then I'd suggest this method as it was sorted instantly and my summer break is now all booked up! I paid a little extra and got 10 days - a longer holiday than I am normally able to take - and I cannot wait until June

Thanks so much for your help :rotfl:

Samantha

Great news Samantha! Glad it worked (and so quickly!). Enjoy your holiday!

bootleggeruk

chili2001 wrote: »

Really? After months of waiting for the CAA to respond they will either:

A: Side with you which TC will ignore so you will have to take them to court.

Or

B: Side with TC (more likely) which means you will have to take them to court where they will use this against you.

Or

C: Take everyone's advice on here and just take them to court now.

C it is then. NWNF here i come.

Thanks

mrsnesbit

Hi, I have just had success with claiming flight compensation with Virgin, which was as simple and straight forward as can be. However Thomas Cook are proving to be a much tougher nut to crack!
After standard replies,identical to many I have read on here, they go on to say:

'On receipt of your initial claim a full investigation was carried out by the airline into the circumstances surrounding this delay. This investigation included analysis of historical maintenance data, discussions with engineers, and a review of the activity of our other aircraft at the time. Following this thorough process we remain confident that the technical fault was extraordinary and that we took all reasonable measures possible to avoid the delay in question.

The particular fault which caused the delay which you suffered was due to the plane suffering form Engine Parameter fluctuations which had to be resolved before the flight could go ahead, this was resolved and the flight went ahead on the plane scheduled to operate the flight.'

Our flight was TCX216 13/08/2012 London Gatwick to Punta Cana.

As far as I can see this is not on the list of extraordinary circumstances and am thinking of taking matters further. I wonder if anyone else has been given this reason as a cause for delay? Or if anyone can enlighten me as to what exactly 'engine parameter fluctuations' are? They sound very complicated!

Many thanks.