Flight delay and cancellation compensation, Thomas Cook ONLY

Swifty66

Ok cheers. I just contacted Bott & Co out of interest and they keep 27% of compensation plus 25 Euros apparently. I'm wondering though if they would have more luck than if I pursue it myself through Small Claims Court?

111KAB

Swifty66 wrote: »

Ok cheers. I just contacted Bott & Co out of interest and they keep 27% of compensation plus 25 Euros apparently. I'm wondering though if they would have more luck than if I pursue it myself through Small Claims Court?

Probably stand a better chance than you due to their (considerable) experience but many on this forum have won their own case and few have lost. Balance little work/no risk/lose 27% versus a small risk/100% return/patience/tenacity and research - the choice is yours.

Swifty66

Ok thanks will look into it.

Mark2spark

tracy_higdon wrote: »

Hi I have been offered my compensation from Thomas Cook in the form of a voucher , can I refuse this and ask for cash instead

I haven't been on for a few days and I've now lost the will to...

,...look in again for several more days.
Sorry and all that

Swifty66

Hi - I think the answer to your query below is Yes! Did you have to go through a Small Claims Court or did you go through NWNF firm?

I'm still deciding whether or to use one of these firms or tackle it on my own. When I prepare the case, presumably I will have to cite some case law and also look at the exceptional circumstances definition?? The fact is I don't know the precise reason why my flight/s were delayed but I know that the CAA have said that they investigated it and it does not fall under category of exceptional circumstances. We were told a few different things on the day. Ended up on a different flight to the original flight. I have reservations about tackling it myself - not sure if I've fully got the confidence. I would welcome hearing from anyone who has done it through SCC and what barriers did you come up against or was it relatively straightforward? Thanks

111KAB

Swifty66 wrote: »

Hi - I think the answer to your query below is Yes! Did you have to go through a Small Claims Court or did you go through NWNF firm?

I'm still deciding whether or to use one of these firms or tackle it on my own. When I prepare the case, presumably I will have to cite some case law and also look at the exceptional circumstances definition?? The fact is I don't know the precise reason why my flight/s were delayed but I know that the CAA have said that they investigated it and it does not fall under category of exceptional circumstances. We were told a few different things on the day. Ended up on a different flight to the original flight. I have reservations about tackling it myself - not sure if I've fully got the confidence. I would welcome hearing from anyone who has done it through SCC and what barriers did you come up against or was it relatively straightforward? Thanks

To undertake yourself requires a deal of research, patience, and tenacity. You do not need to know reason for the technical delay as it was not an extraordinary circumstance (or in your words exceptional) - case law really depends upon 261/2004 and at the moment Huzar which you must understand but not cite. There is no real definition of extraordinary circumstances but in 8 weeks time there may be some guidance once Huzar Appeal resolved.

David_e

Swifty66 wrote: »

When I prepare the case, presumably I will have to cite some case law and also look at the exceptional circumstances definition??

Absolutely

Swifty66 wrote: »

The fact is I don't know the precise reason why my flight/s were delayed but I know that the CAA have said that they investigated it and it does not fall under category of exceptional circumstances.

The airline will have to disclose something in their defence to your claim (which will be some time before any court hearing). I'm not sure how much detail at that initial stage but probably enough. The CAA "opinion" may be of some assistance but your best bet is to stick with the case law.

Swifty66 wrote: »

I would welcome hearing from anyone who has done it through SCC and what barriers did you come up against or was it relatively straightforward?

Not been there yet but from what I have read "relatively straightforward" it certainly isn't. If you get as far as going to court, there is a lot of work to prepare the necessary arguments and "bundle" of documents. Plenty people on here will offer assistance but it's your effort that will be required to bring success.

111KAB

Centipede100 wrote: »

Really?!!! :eek:

The ECJ may beg to differ and were fairly explicit in regards to technical issues: Wallentin-Hermann v Alitalia

I meant to say clarification insofar as there is a list of technical problems which constitute !

tracy_higdon

Thank you for your most affirmative reply !!!

Vauban

Take a look at the "Court Success Thread": it used to be useful once, and has lots of good reports of people who initiated legal action and won.

How hard is it? In some instances it's easy, as the airline quickly fold. In most cases it requires a fair amount of effort - though there is loads of resource on this forum now with skeleton arguments and the like. In a few cases, the airline really plays hardball. But there are people here who can help out in those instances with good advice and practical help. (And frankly I'd welcome the diversion from the deluge of unthinking questions posted on here, that have been answered so many times before and are easily found in the FAQs. I'm ignoring these now BTW on the basis that if you can't be bothered to read and understand the FAQs, your claim is likely doomed in any case. If that sounds harsh, get a lawyer.)