Flight delay and cancellation compensation, Thomas Cook ONLY

Vauban

batman44 wrote: »

Just seen on a well known TC travel law website that all delay claims are stayed pending Huzar.

1. Who gives the courts the rights to do this without asking the claimant?
2. They really are putting all the faith in this now.

I hope the big case in London gives em a real good legal fight and they lose!

Do you have a link?

David_e

batman44 wrote: »

1. Who gives the courts the rights to do this without asking the claimant?

Presumably because it's to do with the administration of justice generally. As annoying as it is, it makes no sense to pack the courts with individual cases that are probably going to be affected by the Huzar appeal.

Not my area but if you have a killer argument why your case shouldn't be stayed, could you ask the court to consider that?

batman44

Vauban wrote: »

Do you have a link?

http://www.travlaw.co.uk/news_item/travlaws-seminar-29th-april-2014/

second article

Vauban

Cheers for that, Bat. I don't think Travlaw are correct: there is no formal stay in place. But I note that most claims are now being stayed at the discretion of the judge (this seems to be happening at Liverpool, for example, where claimants are winning only when the airline fails to show - which happens a fair bit, I understand).

batman44

Vauban wrote: »

Cheers for that, Bat. I don't think Travlaw are correct: there is no formal stay in place. But I note that most claims are now being stayed at the discretion of the judge (this seems to be happening at Liverpool, for example, where claimants are winning only when the airline fails to show - which happens a fair bit, I understand).

I presume the courts maybe delaying pending or just too busy. Anyway by the time directions come through the Huzar case will be done and hopefully they will accept paying out cases if it goes against them.

Bear0822

Just received this from CAA re tcx163 cancun-manchester july 2013, anybody think I should pursue it ?

"Thank you for your patience with us while we investigated your complaint about the disruption of flight TCX163 on 11 July 2013.

During our investigation we received information from Thomas Cook about the flight concerned, which we have considered in the light of new guidelines clarifying the “extraordinary circumstances” exception of EC 261/2004.

After considering all the evidence available to us, it is our view that the disruption of your flight is of a type which means that the airline does not need to pay compensation. It appears from the information provided that the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the ‘extraordinary circumstances’ exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.

Unfortunately we are unable to take your case any further on the compensation part of your claim. Our opinion that, in this case, the disruption was due to extraordinary circumstances is based on the information provided to us. It is not legally binding and only relates to the flight concerned.

We understand that this may be disappointing for you. You do still have the option of going to county court but, in our opinion, we believe that the airline has a strong case not to pay compensation and, as such, it is for you to decide whether you wish to pursue this further."

batman44

Bear0822 wrote: »

Just received this from CAA re tcx163 cancun-manchester july 2013, anybody think I should pursue it ?

"Thank you for your patience with us while we investigated your complaint about the disruption of flight TCX163 on 11 July 2013.

During our investigation we received information from Thomas Cook about the flight concerned, which we have considered in the light of new guidelines clarifying the “extraordinary circumstances” exception of EC 261/2004.

After considering all the evidence available to us, it is our view that the disruption of your flight is of a type which means that the airline does not need to pay compensation. It appears from the information provided that the disruption was beyond the control of the airline and could not have been avoided. It is our view therefore that this disruption falls under the ‘extraordinary circumstances’ exception of EC261/2004 and as such, we believe that you are not entitled to compensation in this case.

Unfortunately we are unable to take your case any further on the compensation part of your claim. Our opinion that, in this case, the disruption was due to extraordinary circumstances is based on the information provided to us. It is not legally binding and only relates to the flight concerned.

We understand that this may be disappointing for you. You do still have the option of going to county court but, in our opinion, we believe that the airline has a strong case not to pay compensation and, as such, it is for you to decide whether you wish to pursue this further."

What was the fault? If it's technical then you have a claim, the CAA maybe basing your claim on the guidelines.

Ignore the guidelines - made up rubbish

Wallentin - is case law nothing else.

Vauban

Bear0822 wrote: »

Just received this from CAA re tcx163 cancun-manchester july 2013, anybody think I should pursue it ?

None of us know anything about the circumstances of your flight (you give us no details), so it is hard to offer meaningful advice.

As you now have a letter from the CAA saying you don't have a claim - however unfair this may be - you've hobbled your case a bit.

But assuming that your flight was delayed for technical reasons, then I suggest you sit on your hands until May, when the Huzar judgement will be heard. If that is upheld, you should have a strong legal case - and indeed the airline may settle.

David_e

Bear0822 wrote: »

Just received this from CAA re tcx163 cancun-manchester july 2013, anybody think I should pursue it ?

Almost certainly but, as you have time on your side, you may as well wait for the outcome of the Dawson and Huzar cases.

slippy67

First sent my claim to Thomas cook last year and got the old "it was a technical problem outwith our control". I referred it to CAA who only got back to me last week saying it had referred cases back to the travel companies following a recent judgement.

I contacted Thomas cook last week and they sent an email today advising a holiday voucher worth £684 is winging its way to me! Perseverance does pay folks, so stick with it.