Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

Mandy22164 wrote: »

I sent this email back.


I agree with the statement :
despite these steps, mechanical failures can arise without prior warning. These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

But I think you had better read this :

para 28 of the judgement in Huzar v Jet2.com.

And just incase for some reason you are not familiar with it I have taken time to add it to this email for you reading:

28. On such an analysis the delay caused by the resolution of an unexpected, unforeseen and unforeseeable technical problem cannot be said to be an extraordinary circumstance given the Wallentin test. Air carriers have to encounter and deal with such circumstances as part of running an airline just as the owner of a car has to encounter and deal with unexpected and unforeseen breakdowns of his car.

I would prefer cash not vouchers.

I can only reiterate my earlier advice. Writing emails to the airline is most unlikely to get you your compensation, but I wish you the best of luck.

Vauban

mandgandl wrote: »

I have now closed your case.

I think this is the clue in their letter. They are finished with you. You can continue to write - it passes the time I suppose - but, as David says, don't delude yourself that it will have any impact on their decision not to compensate you.

You now either start legal action (including via a NWNF lawyer if necessary), or you let it drop.

Mandy22164

Got this back from them today:


I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

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.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at https://www.caa.co.uk/passenger or call the CAA for advice on 020 7453 6888.

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,

Daniel McLaughlin

Customer Relations


You did say they would do this so I think a formal letter not email will be my next step telling them I will go ahead with court (small claims )
Do you think that would be best or with what they have to say drop it. ( which. I don't want to as I feel they are taking the Michael out of me now).

Cheers

batman44

Mandy22164 wrote: »

Got this back from them today:


I am writing in response to your most recent letter and I am sorry that you remain unhappy with our previous reply.

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.

I appreciate you remain unhappy with this decision, and whilst I regret this, we do not believe that a payment under the rules of the scheme is relevant in this particular case. Should you remain unhappy I can only suggest that you contact the Civil Aviation Authority (CAA) online at www.caa.co.uk/passenger or call the CAA for advice on 020 7453 6888.

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,

Daniel McLaughlin

Customer Relations


You did say they would do this so I think a formal letter not email will be my next step telling them I will go ahead with court (small claims )
Do you think that would be best or with what they have to say drop it. ( which. I don't want to as I feel they are taking the Michael out of me now).

Cheers

Hi Mandy22164,

I think you will find most people on here have had exactly the same letter word for word, it's come's from the C&P dept (Cut & Paste). Forget the CAA, it will take months only to get no help back from them.
What you need to do now is decide what you want to do as with most of us on here and go to court. You can do this yourself and learn a lot along the way or appoint a NWNF company. You will now need to send them a Notice Before Action letter giving them 14 days to respond, you will find all the information you need on the forums and in the Faq's on page 1. good luck

morgana

For months, TC kept saying "extraordinary circumstances" and refused to pay up. I even received another letter from them 3 weeks ago, via my complaint to the CAA (that was a useless exercise !) saying the same thing. A stay in court had been requested and agreed, awaiting the Jet2 leave to appeal so I wasn't expecting them to suddenly cave in. But the money will be in my bank within 5 days Persistence pays off !

morgana

Thanks to Centipede100 and others for their help and advice

David_e

morgana wrote: »

Persistence pays off !

Exactly! Well done!

Mr.Frustrated

Hi folks,
My first post on this forum; briefly:
We had a delay outbound (3 1/2 hrs) and inbound (10 hrs) on a Tenerife flight several years ago - after throwing every possible obstacle and stalling tactic in my way they eventually offered to pay vouchers for the longer of the two delays. I've rejected this and have stated it is my intention to proceed via legal action my question is this; Is this something I should instigate myself with the small claims court OR am I better off using my own solicitor?
All advice gratefully received!
Many thanks in anticipation,
Mr. Frustrated

Vauban

Mr.Frustrated wrote: »

Hi folks,
My first post on this forum; briefly:
We had a delay outbound (3 1/2 hrs) and inbound (10 hrs) on a Tenerife flight several years ago - after throwing every possible obstacle and stalling tactic in my way they eventually offered to pay vouchers for the longer of the two delays. I've rejected this and have stated it is my intention to proceed via legal action my question is this; Is this something I should instigate myself with the small claims court OR am I better off using my own solicitor?
All advice gratefully received!
Many thanks in anticipation,
Mr. Frustrated

Don't use your own solicitor, since the costs incurred are not recoverable in the small claims court, even if you win. So either do it yourself as a litigant in peron or engage a NWNF lawyer (who will take about a third of your reward).

If you are articulate and confident, able to understand the basic tenets of the relevant laws, and have lots of time to give this (it is a big commitment pulling together your arguments and bundle, etc), then you can do it yourself. Alternatively, I quite understand why people go the NWNF route - where they don't need to worry about any of this (I think it's also true that airlines seem more inclined to settle when they know a proper lawyer like Botts are on the case, instead of us average joes).

Only you know your personal circumstances and therefore what the right thing to do for you is.

batman44

Centipede100 wrote: »

Last edited by batman44; Today at 4:03 PM. Reason: spellin


Errr, yes quite so!

Centipede100, I think you failed to pick up on the little delibrate mistake. A little humour bud.:)