Flight delay and cancellation compensation, Thomas Cook ONLY

curious_bystander

Hi again Vauben

I reported on here a couple of weeks ago that I had a CCJ against Thomas Cook for a delayed flight, because they did not file a defence.

Their solicitor (Travlaw) has claimed that the defence was sent in on time, and the court has subsequently agreed and cancelled the order!

So I battle on! :mad:

CB

Vauban

Yes CB: I'm afraid that seems to happen a lot ... Oh well, keep at it: the victory will be sweeter!

Bucket_and_spade

ChorizoMan wrote: »

Hi all - I'm brand new to the MSE forums so please be kind!

Firstly thanks to everyone who's posted on this thread before me for the wealth of information - spent quite awhile reading up over the last few days, and it's been an education.

Just to share, I've contacted TC regarding two delays - consecutive summer holidays - after finding out about the EC regulations on delays. I used the link from this site to register the 261/2004 claims.

To the surprise of absolutely no-one I've got 2 bog standard "Extraordinary circumstances", "it's like an MOT" replies. I know what to do next - NBA letter's being sent, thanks to all the FAQ's. Cheers! :beer:

Don't have any questions (yet!) but wanted to share my flight details in case anyone else is claiming on the same flights. I could see Bucket and Spade is pursuing the TCX6402 flight through a NWNF.

I'll share my experience in the hope it can help someone else - and obviously pick the brains of the users who've already been through what I'm about to do.

Have pm'd you but just to let you know we made a claim with no win no fee firm on January 28th and are confident they will put a strong case for us and will let you know of eventual outcome.

We STILL wait for information as to the exact "technical fault" which caused the delay.... did you or anyone on here manage to find out that info?

ChorizoMan

Bucket_and_spade wrote: »

Have pm'd you but just to let you know we made a claim with no win no fee firm on January 28th and are confident they will put a strong case for us and will let you know of eventual outcome.

We STILL wait for information as to the exact "technical fault" which caused the delay.... did you or anyone on here manage to find out that info?

PM'd you back B&S - but for the benefit of anyone else reading, no TC have not stated anything other than "EC" so far - despite 3 very polite emails. I'm pursuing info for 2 flight delays so will ask a couple more times. Not really in the expectation that TC will offer any more info (their attitude to claims seems quite clear based on this forum) but more so that I can demonstrate in court that I've been reasonable and given them numerous opportunities to explain their side.

Vauban

ChorizoMan wrote: »

PM'd you back B&S - but for the benefit of anyone else reading, no TC have not stated anything other than "EC" so far - despite 3 very polite emails. I'm pursuing info for 2 flight delays so will ask a couple more times. Not really in the expectation that TC will offer any more info (their attitude to claims seems quite clear based on this forum) but more so that I can demonstrate in court that I've been reasonable and given them numerous opportunities to explain their side.

To be honest, you already done more than enough to demonstrate reasonableness. One letter giving them 14 days to provide a satisfactory response before you initiate legal action is all that is required. All else is just displacement activity.

ChorizoMan

Vauban wrote: »

To be honest, you already done more than enough to demonstrate reasonableness. One letter giving them 14 days to provide a satisfactory response before you initiate legal action is all that is required. All else is just displacement activity.

Probably very true Vauban - and I bow to your knowledge on all things related to flight delays. But it gives me more confidence that I've gone out ot my way to be reasonable. If TC decide to defend, it will be my first experience of court, so I want that extra confidence But I'm definitely going through with this because I know that I have a valid claim, and I'm not giving in to their "wear 'em down" tactics.

Bear0822

Camerop wrote: »

Looking for anyone on Flight TCX163 - Cancun - Manchester 11/07/03???

Thanks
Paula

I was on that flight, no success yet with claim, are you having any joy ?

Vauban

On the psychiatrist's coach, with Sigmund Vauban ..

ChorizoMan wrote: »

But it gives me more confidence that I've gone out ot my way to be reasonable. If TC decide to defend, it will be my first experience of court, so I want that extra confidence.

I diagnose CAS - Court Aversion Sydrome, common in all cases where the airline has behaved atrociously but continues to exploit the passenger's concern about the uncertainties of legal action.

In these circumstances, the passenger believes they can "reason" with the airline to persuade them to revisit their earlier claim on extraordinary circumstances. In truth the passenger knows this is most unlikely, but it seems a better alternative to the prospect of starting legal action, with the cost and complexity that this is likely to entail. If there is but a small chance, they reason, then just one more email is worth it ...

In reality, the airline has hundreds of these letters. Most people are deterred from following up their claim, and - though many make threats of legal action - all are basically ignored. Until a claim is filed. And then for the first time in the process, the airline begins to take the passenger seriously.

There is only one known cure for CAS and that is to read up on the significant success rate of those who take the airline to court (only about 10% seem to fail), whilst relying on the practical assistance that this forum provides. I therefore recommend you have a stiff drink, and write out that last remaining NBA.

Now, tell me about your mother ...

razorsedge

Vauban wrote: »

On the psychiatrist's coach, with Sigmund Vauban ..


Now, tell me about your mother ...

Do you need a different hat for the couch (or even coach)?;)

Vauban

razorsedge wrote: »

Do you need a different hat for the couch (or even coach)?;)

Freudian slip!