Flight delay and cancellation compensation, Thomas Cook ONLY

batman44

Hjohnson2411 wrote: »

Just wondered if anyone has ever had a case with a flight delay with thomas cook which the CAA have said we are entitled to compensation for and have told TC this but they are still refusing to pay out?

Can anyone advise me what the next steps to take would be - is this to take it to court? if so do i need to get a solicitor etc? our claim will be about 3000 as it is for a group of 11?

This happens all the time, CAA refer it back to TC and still refuse, your only option is court. For a group of 11 then you will need to read the info proper as with such a large claim you may have to send it direct to court and each claim, not sure if the lead passenger can do this.

Coxyw

I have been fighting since last year with Thomas Cook regarding our flight delay from TUNISIA to B-Ham some 6 hrs.
The bottom line was that they allocated our scheduled aircraft to the previous days flight which had been delayed so to fly them back. They had to send engineers out to try and repair that aircraft which was due to fly us back but was still not fixed.
We were left in the airport with no reps at all and could not get hold of anyone so from 11:55pm when it was due to depart we waited till after 6am the next morning.
I have gone through the procedures with both Thomas Cook and the CAA, Thomas Cook saying the it was an extraordinary situation and I have had confirmation now from the CAA "It is our considered view that the airline has not demonstrated that this disruption was beyond their control. As such, in our opinion, the disruption to your flight is of a type which means that the airline should pay compensation"
I emailed back to Thomas Cook and I have now received an email back from the saying that they disagree and if I decide to seek legal advice for them to contact Thomas Cook.


So what's the best to do now, fight on or close the door on this?


Regards


Wayne

Vauban

Coxyw wrote: »

So what's the best to do now, fight on or close the door on this?


Regards


Wayne

Entirely up to you Wayne: only you can answer that. You've clearly got a good case, but also a fight on your hands. Try a NWNF firm if not sure what to do next.

Mummykate

Contacted the nwnf company we are using today to see if all claims are been stayed waiting the appeal in May as they had been waiting to hear back directions from the court been waiting since November they sent me a email back stating that The Court has written to the Defendant, Thomas Cook, stating in their unless order that they have to particularise the technical defect by 18th April or the defence will be struck out and if they do comply it will be stayed what do you think this means ?

David_e

Mummykate wrote: »

Contacted the nwnf company we are using today to see if all claims are been stayed waiting the appeal in May as they had been waiting to hear back directions from the court been waiting since November they sent me a email back stating that The Court has written to the Defendant, Thomas Cook, stating in their unless order that they have to particularise the technical defect by 18th April or the defence will be struck out and if they do comply it will be stayed what do you think this means ?

I don't really understand what you mean but if the no win no fee firm are dealing with it, I'd ask them.

batman44

Mummykate wrote: »

Contacted the nwnf company we are using today to see if all claims are been stayed waiting the appeal in May as they had been waiting to hear back directions from the court been waiting since November they sent me a email back stating that The Court has written to the Defendant, Thomas Cook, stating in their unless order that they have to particularise the technical defect by 18th April or the defence will be struck out and if they do comply it will be stayed what do you think this means ?

It looks to me that they have not give reasons of defence or stated what the defect was, they have until then to comply, i think they will. The court will stay the case as they have been doing to most now. TC only give brief descriptions, in my case very little and no proof so we will all have to wait for Huzar. Then they will have 28 days to inform the court after the outcome that they have settled, or you have to carry on with it depending on the outcome.

Mummykate

Is this what happened with your case batman ? That the court wrote to Thomas Cook asking for more info?

Mummykate

Also do you not think it goes in our favour and looks bad on Thomas Cook when the courts are having to write to them to ask for a more details sure they should have provided these already it's been stuck at this position awaiting directions since November

steve1500

Back in November TC wanted to stay my case. When asked again the reason for the EC, they couldn't.

As a result they folded and paid up.

Ironically we are about to go off on holiday this Easter, flight with Monarch hotel booked with TC. That is what we used the money for

David_e

Mummykate wrote: »

Also do you not think it goes in our favour and looks bad on Thomas Cook when the courts are having to write to them to ask for a more details sure they should have provided these already it's been stuck at this position awaiting directions since November

It doesn't show them in a good light but posters report courts apparentlly allowing airlines leaway with time limits and other 'protocols'. The case would presumably still be decided on the facts, notwithstanding the poor behaviour of the defendant.

You're effectively paying your no win no fee firm so you should speak to them.