Flight delay and cancellation compensation, Thomas Cook ONLY

ChorizoMan

Vauban wrote: »

In these circumstances, the passenger believes they can "reason" with the airline to persuade them to revisit their earlier claim on extraordinary circumstances.

Trust me - I'm under no illusion that TC (or any of the others) will start to act reasonably. I wish they would, but I've read more than enough of this forum to know that's just not happening.

My NBA's (2 separate claims) will be going in shortly, and I'll update on here with the result.

Bialy

Bit of help needed. I was on a TC flight delayed for 5hrs+ from Tenerife to Glasgow. I have written to TC and got the usual "extraordinary event" excuse. Wrote back and was told my case was now considered closed! I contacted the CAA who put me on to their Spanish equivalent. I wrote to them and received a response this week stating that TC ignored their letters and failed to respond with the 2 month window they allow and that I should be entitled to claim the €400 compensation.

What should I be saying to TC in this next letter? I have no idea how to go about court action. I did ask what the "extraordinary event" was that delayed the plane, but I still have no idea.

Thanks

111KAB

Bialy wrote: »

What should I be saying to TC in this next letter? I have no idea how to go about court action. I did ask what the "extraordinary event" was that delayed the plane, but I still have no idea.

Unfortunately the AESA letter you have is virtually worthless (it may assist very slightly if the matter goes to court however even that is doubtful) - TC will just ignore their copy of the letter ~ it is probably in their bin already. You are entitled to compensation but TC must be taken to Court to get your money, your interest, possible attendance costs, the court and hearing fees returned. Do not let them off the hook - whether you decide to DIY or use a NWNF only you can decide. If you go DIY then write a 14 day NBA letter (but mean it don't just use as a threat) - if you decide NWNF hand it over now.

Vauban

As ever, 111KAB is on the button. The letter from AESA isn't worth the paper it's written on, and you will only get a successful resolution by starting court action. There are lots of helpful pointers on this forum, including the "Taking the Airlines to Court" thread.

111KAB

investalways - unfortunately it is pointless relying in any way shape or form on what has gone before whether it be on your same flight, a TC flight or any other EU flight. It is also pointless looking at other possible claims in your local court. It really is for you to 'paddle your own canoe' whilst picking up legal evidence from this and other forums. There are plenty of cases where there are passengers on the same flight (Monarch are a prime example) some of whom have been paid (some after going to court) and where others have been refused. The solicitors have not had a "field day" - it is not comical. We even have cases where members of the same family have not been paid out - statictom who posts on here will bear testimony to that.


What you have to be careful of is relying upon someone else providing information that they have been paid out/not paid out on a flight - it means diddly squit ~ yes it may assist but it can also be detrimental as in a Monarch case (again!) I recently assisted with.

statictom

investalways wrote: »

Quite frankly you are talking a load of rubbish. I've been in a more or less identical situation - I was on the same plane as they were in the same situation, to suggest that if they got a pay out I wouldn't is comical. Any solicitor would have a field day, easy work.

investalways - Welcome to the real world - nothing is as it seems when dealing with the airlines.

I had my case dealt with recently for a family of four with Monarch. Judge decided to find in my favour then tells me to claim again for the other 3 members of my family. A success in County Court for someone against an airline does not set a precedence for the next claimant. It may help, but can not be relied on in court. A Judge in Liverpool may find differently to say a Judge in Luton, with the same case. It is all dealt with on the merits of the case and the legal argument that goes with it. I believe the advise offered to you was in good faith. To take the case on involves a lot of hard work and reading of case law/EU law. Even if you find someone who was on the same flights and been paid out, the airlines will still fight you tooth and nail, and wont admit to anything.
It is not easy work for any solicitor, they all know too well how Judges can be fickle with their reasoning.
If you put so much faith in a solicitor - go ahead there are plenty of No win no fee firms out there. But believe me no two cases are the same when it gets into court. Best of luck.

JPears

And some airlines may settle but have a confidentiality clause. I suspect we don't get to here about quite a few sucesses because of this.
Les deux oiseux et ses amis seem particularly keen on this.

Vauban

investalways wrote: »

Quite frankly you are talking a load of rubbish. ...

Ok. Let's try to bring some closure. I don't think I was rude or belittling, but I was definitely blunt. I said I hoped you didn't mind that. Clearly you do. So I'm sorry about that.

But let me reiterate just two points. First, you clearly do intend to ride the coat tails of a successful claimant in preference to starting your own action (which costs time and/or money). And the sense of your post is that you are entitled to do so. I won't offer a view on that, except to say it's a good job that everyone doesn't take that view - else no one would be making successful claims, but would sit idly waiting for others to do so.

My main point however, which you appear to rubbish, is that you are chasing the wrong rabbit. I'm not a solicitor, but I'm fairly confident that - should you engage one - they will tell you that evidence in court of an airline settling a case related to the same flight may be helpful, but it's unlikely to have any decisive impact. It's the facts surrounding your delay that are much more important. And simply writing to the airline is very unlikely, as others have rightly said, to elicit a retraction of their refusal to compensate.

I appreciate that this probably isn't the response you were angling for, but I think it better to be blunt and honest than sophistic and wrong. In that vein, could I ask you kindly to stop sending me abusive PM messages, which don't add anything to the forum and simply make you sound a bit unwell.

JPears

Vauban wrote: »

I appreciate that this probably isn't the response you were angling for, but I think it better to be blunt and honest than sophistic and wrong. In that vein, could I ask you kindly to stop sending me abusive PM messages, which don't add anything to the forum and simply make you sound a bit unwell.

...........

chili2001

Vauban wrote: »

Ok. Let's try to bring some closure. I don't think I was rude or belittling,

My god, imagine the outrage if you had of been instead of just being politely blunt! Some people just need to take a deep breath...