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Flight delay and cancellation compensation, Thomas Cook ONLY

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Comments

  • wallysid
    wallysid Posts: 8 Forumite
    Yes,I have the date,the airline,where we flew from and the destination,but its not on Flightstats.
  • wallysid
    wallysid Posts: 8 Forumite
    The correct address for SARS is the Coningsby Road,Peterbrough,I got a response within days.
  • Hi - I wonder if anyone could help me please.

    I've tried to claim for a 3+hour flight delay on the above Thomas Cook flight but have received an email response to my letter which included the following:

    Having carried out a fullinvestigation the specific circumstances surrounding the delay to your ownflight were of a technical nature. These were extraordinary, in that ThomasCook took all reasonable precautions necessary to avoid the situation, anddespite our proactive measures the problem could not have been prevented. Allour aircraft are maintained to a very high standard, in line with CAAregulations, however, despite these steps, mechanical failures can arisewithout prior warning. These unpredictable events can be likened to those weencounter with our own cars, despite having full service histories, or MOT’s.

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

    I have responded, asking for the nature of the technical problem and have been told 'engine starter valve fault'; as I'm no engineer I have no idea if this constitutes an "extraordinary circumstance" as they claim - which they're obviously relying on. Any ideas please?

    I know they haven't paid out on this flight at all so I'm not altogether sure if I'm in a position to fight it. Your feedback and advice would be greatly appreciated.

    Many thanks.
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Su51Brr wrote: »
    Hi - I wonder if anyone could help me please.

    Having carried out a full investigation the specific circumstances surrounding the delay to your own flight were of a technical nature.

    Well they haven't carried out a full investigation as they send everyone that standard letter at first.
    But it's of no matter, they have admitted that the fault was a tech issue, and tech issues are not EC's, so you have a valid claim.

    Read the Huzar appeal to familiarise yourself.
    Then commence legal action, after giving them 14 days notice that you will do if they don't reconsider.
    The FAQ's tell you the various ways to do this.
    The final advice is to keep letter writing to a minimum as it's just a waste of time.
  • TonyM19
    TonyM19 Posts: 158 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    wallysid wrote: »
    The correct address for SARS is the Coningsby Road,Peterbrough,I got a response within days.

    Thanks

    Did you request for the whole party that travelled or just for yourself? There does seem to be a Data Protection issue if you're asking for other people's data.

    In the opinion of the experts on this board would the following be enough to cnstitute a blance of probability that I was on the flight;

    Duplicate invoice from the travel agent
    Confirmation from the hotel that I stayed there on the appropriate dates

    Or would I still need to go down the SAR route?
  • millymollie
    millymollie Posts: 87 Forumite
    Hi there,
    TC refused to pay us compensation last year so I contacted the CAA who said that compensation is payable as the delay was due to tech issues therefore not EC's. However TC are maintaining their position and still refusing to pay up.
    Help!!!!
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    Start the court process with a LBA or contact a NWNF solicitor.
    Posts are not advice and must not be relied upon.
  • millymollie
    millymollie Posts: 87 Forumite
    Thanks, I just can,t understand it.
    The letter I received from the CAA said they had contacted TC who had said that they would be contacting me to arrange payment.
    Feel so frustrated!!!
  • richardw
    richardw Posts: 19,459 Forumite
    Part of the Furniture 10,000 Posts
    millymollie, it is frustrating and isn't easy, if you aren't confident about issuing a LBA then perhaps contact some one such as http://www.bottonline.co.uk/aviation
    Posts are not advice and must not be relied upon.
  • wallysid
    wallysid Posts: 8 Forumite
    I just requested my information,as the flight was booked in my name,and Im trying to find flight number for starters.It does say you would need to send passport copy of any other person,and maybe £10
    for them to get information.


    Thanks to Batman44 for planefinder.net,but it seems to just go back to 2011,or am I just not doing it right?!
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