Flight delay and cancellation compensation, Thomas Cook ONLY

connersz

razorsedge wrote: »

111KAB

Any news yet on a impending decision from the Ombudsman?

Am I right in thinking then that the CAA was advised to remove the NEB's but have so far failed to do so?

I did notice when first reading that it said it was a 'draft' list.

Can Thomas Cook really use the list if it is just a draft?

111KAB

connersz wrote: »

Am I right in thinking then that the CAA was advised to remove the NEB's but have so far failed to do so?

I did notice when first reading that it said it was a 'draft' list.

Can Thomas Cook really use the list if it is just a draft?

Following significant complaints version one was changed from a preliminary to a draft (version 2) and the front page also had a change of wording. Significantly the date (April) was not changed and indeed, for a while, the airlines were still sending out and referring to version one. It then became apparent there was no public consultation whatsoever and then it came to light that all the NEB's were not party to the lists and indeed my continual questioning of AESA has not received a response and I still suspect they do not agree with the list.


Subsequently a well known firm of lawyers challenged the list and as mentioned the EU ombudsman (or woman in this case) is still considering whether the issue of the list was legally correct.


The CAA are a NEB so I do not understand your comment in that respect.


I have yet to find out if the NEB list was issued in any other languages other than English - this would be interesting to find out bearing in mind my thought that the list was prepared by the CAA.


Thomas Cook can do whatever they like (as the other airlines do) including giving you false information/providing fictitious statements to you and the courts and even telling the Judge porkies.

David_e

connersz wrote: »

Am I right in thinking then that the CAA was advised to remove the NEB's but have so far failed to do so?

I did notice when first reading that it said it was a 'draft' list.

Can Thomas Cook really use the list if it is just a draft?

They can and no doubt will so the important thing is to make sure you can rebut by reference to Huzar (assuming that's not overturned), etc., and get the focus back on what the law says.

connersz

111KAB wrote: »

Thomas Cook can do whatever they like (as the other airlines do) including giving you false information/providing fictitious statements to you and the courts and even telling the Judge porkies.

I am happy to take them to court, but unless I either become one or take with me an aviation expert, how do I defend against their claims?

If I had taken them to court before they mentioned the NEB list then should they had brought it up then unless I already knew about it's background I would had been stumped.

111KAB

connersz wrote: »

I am happy to take them to court, but unless I either become one or take with me an aviation expert, how do I defend against their claims?

Your plane had a technical problem.
The airline often refer to a technical problem as being an extraordinary circumstance.
A tech problem (as with your car) is not extraordinary - in fact it is VERY ordinary - a commonplace occurrence.
You do not have to be an aviation expert to comprehend this.
Likewise the airline don't even need to own a plane to understand this.
All this information including details of the NEB list is on this forum - if you take them to court you have to understand the basic law (261/2004) and why the airline are incorrect.

Mark2spark

connersz wrote: »

I am happy to take them to court, but unless I either become one or take with me an aviation expert, how do I defend against their claims?

You're still missing the point. You don't need to cross examine an aviation expert. If they concede that it is a technical fault, then your job is simple. You ask them to supply details of all they did - which has to be just short of intolerable sacrifice - to get you away on time, and why they failed.
Fixing technical issues are 'inherent' in an airlines day to day duties. Not extraordinary.
Very ordinary.
Unless it's your milkmans job to fix their technical problem?

Vauban

Mark2spark wrote: »

You're still missing the point. You don't need to cross examine an aviation expert. If they concede that it is a technical fault, then your job is simple. You ask them to supply details of all they did - which has to be just short of intolerable sacrifice - to get you away on time, and why they failed.
Fixing technical issues are 'inherent' in an airlines day to day duties. Not extraordinary.
Very ordinary.
Unless it's your milkmans job to fix their technical problem?

And before they get to that point, they first have to demonstrate that the technical fault was caused by something not inherent in the operation of the airline and beyond its actual control. So that rules out normal wear and tear, for example.

Mark2spark

Yes, correctomundo Senor Grosero Persona

Lesley1002

I just wanted to say a huge thank you for your links and advice on your page. I had previously read about alot of horror stories when trying to make a claim for flight delays with Thomas Cook. I can only speak from personal experience but they have been so efficient and forthcoming with my claim I haven't had a simple problem.

I used the standard letter template on the MSE website, emailed them via the link. Within 2 hours they had aknowledged the claim and within 21 days they had refunded the claim direct to my bank account.

They did initially offer vouchers but I asked for a cash refund and they obliged now problem.

My advice to anyone would be don't be put off claiming. :j:T[/QUOTE]

johnarmitage

As a result of the confidence gained from this forum and the Martin Lewis site I was offered £2033 in vouchers. Encouraged by your good selves I wrote a good old fashioned letter to Thomas Cook Customer Relations. After a good 10 days or so I received an email asking me to 'phone the number given. I duly called to be told that they would like to transfer £2033 cash to my bank account. After exchanging details the money was in my account about 3 days later. So anyone on flight TCX2017 from Enfidha to Manchester on 5th August 2012 should get a claim in. Thanks to everyone.
John: