Flight delay and cancellation compensation, Thomas Cook ONLY

David_e

natty6 wrote: »

Please can you advise what information I will require in the defence bundle that will be beneficial to my case,

That's at least 6 months away, I would say, so not an urgent issue. I haven't got that far. If you search the threads, there will be information. I think it's basically everything that demonstrates why you are entitled to compensation - so the facts as you know them (what happened, subsequent correspondence, etc.), relevant extracts from the Regulation and case law (plus the full copies of these also) and how these apply to your circumstances.. I assume it will also involve a line by line rebutal of the defence which will be sent if the airline decides to defend the claim when you make it.

I'm not sure at what point you can request the airline to provide specific information/answer questions.

natty6

Cheers David!

I am still reading and digesting all the information that people such as yourself have provided in previous threads.

I will continue to read so that I will be prepared if/when my case goes to court.

Rob_Banks

Hey everyone. I had the following response from Thomas Cook in relation to a flight that was delayed for 8 hours back in 2011. I am unsure as to whether they are correct in saying that these were extraordinary circumstances, any advice would be greatly appreciated....


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.

It is not always immediately apparent as to when a revised take off time can be secured and a number of factors have to be considered, which quite often rely on outside influences, such as Airport Authorities or Air Traffic Control. We do appreciate the importance of communication, and I would assure you that information is passed onto our customers as quickly as possible, through our handling agents at the airport.

Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature. During a maintenance check, one of the rear doors was found to have a defect. This had to be rectified before take-off. These were extraordinary, in that Thomas Cook took all reasonable precautions necessary to avoid the situation, and despite our proactive measures the problem could not have been prevented. All our aircraft are maintained to a very high standard, in line with CAA regulations, however, 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.

In line with Regulation 261/2004 a payment of compensation would not be considered applicable in this case.

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.

Kind Regards,

Lynn Murray

Customer Relations

David_e

Rob_Banks wrote: »

I am unsure as to whether they are correct in saying that these were extraordinary circumstances, any advice would be greatly appreciated....

I haven't read the full letter but I suspect it's a carbon copy of the letter they have sent to all claimants.

If you are not sure then you really need to use the huge resource that is the FAQs to research and determine your next steps. Only you can do this, it's a self-help forum, unless you want to contact a no win no fee firm.

superowls

When I went to court back in January, the DJ stayed the case until the end of Feb pending the decision on the Huzar appeal. Would I need to write to the court to get an extension to this stay? There would be no point applying for a new hearing at this point - and the DJ did say that any future applications for stays could be heard "on paper only". How do I go about extending the stay?

Vauban

superowls wrote: »

When I went to court back in January, the DJ stayed the case until the end of Feb pending the decision on the Huzar appeal. Would I need to write to the court to get an extension to this stay? There would be no point applying for a new hearing at this point - and the DJ did say that any future applications for stays could be heard "on paper only". How do I go about extending the stay?

You don't want to extend the stay, presumably? You want the hearing. So write to the court and ask them to reinstate, in the absence of a formal request. They probably will want to wait until Huzar in May, but worth a go - especially as other courts are still hearing cases ...

DaveP66

Mark2spark wrote: »

You now need to involve the CAA so that it can be established whether a FAC1 fault is extraordinary or not.
I suspect not.
I'd also be tempted to start court action, or at least give them (TC) intention to do so.

I was delayed 26 hours from Manchester to Goa, have been back & forth with TC since, then went to CAA who after 6 months replied saying it wasnt ES so it had been passed back to TC to pay out, when i then contacted them again was told they still was going to pay out, regretless of what the CAA had said.


Where to I go now?

David_e

DaveP66 wrote: »

Where to I go now?

To the FAQs where you will find everything you need to know.

Mark2spark

Rob_Banks wrote: »

These unpredictable events can be likened to those we encounter with our own cars, despite having full service histories, or MOT’s.

Funny, I know exactly what line to look at to see if it's the MOT letter.

I must have been brainwashed :wall::p

David_e

Mark2spark wrote: »

Funny, I know exactly what line to look at to see if it's the MOT letter.

You need to get out more!!