Flight delay and cancellation compensation, Thomas Cook ONLY

batman44

steve1500 wrote: »

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

I did this but they never responded back, the court however stayed the case without my say so!

fossman

Quick background - delayed on flight TCX5245 from Corfu to East Midlands 26 August 2013 (5 and a half hour delay), two groups travelled under seperate bookings.

I made my claim and was originally told no as TC said the delay was caused my "technical problems". I ended up using the legal protection on my house insurance and finally received the "damages" from my solicitor on Monday.

The other group then sent their compensation claim letter to TC.

They got a reply from TC yesterday stating that compensation is not payable as the delay was caused by "Industrial Action".

They have sent a reply asking why their claim has been turned down when TC have already paid out on my claim for the exact same flight (they have enclosed details of my booking on the reply).

Any advice on how to proceed if TC still refuse to pay up?

Mummykate

So what will happen in May if Thomas Cook win the appeal I'm guessing we will be in the same position we was in before the huzar judgement what will happen if they don't win will they have to pay compensation ?

David_e

fossman wrote: »

Any advice on how to proceed if TC still refuse to pay up?

Take them to court.

batman44

Mummykate wrote: »

So what will happen in May if Thomas Cook win the appeal I'm guessing we will be in the same position we was in before the huzar judgement what will happen if they don't win will they have to pay compensation ?

First this is a Jet2 v Huzar appeal but has implications that will affect all claims for tech issues and will clarifie the whole 261/2004 meaning of EC's here in the Uk, as this is in the High Court it will be case law in the UK and if the decision by HHJudge Platts is upheld then it will have a bearing on all cases, and airlines may start paying up without court action. If it is not upheld then it will be back to the status quo and Wallentin will be the presedent case law. IMO some parts of the Huzar appeal will be upheld as I cannot see them going against the whole principle of what the regs 261/2004 is there for, passenger protection and not a get-out clause for airlines. They are there to provide a service and if the aircraft are not up to the mark and old and flogged for every penny then they should pay. For too long they have got away with it.

If you want to know more then check out the Huzar Appeal thread.

Arfablue

I don't know if this is of any use to anyone but I suffered a delay to Majorca in September I contacted TC when I got home and they replied saying it was an extraordinary circumstance , I then contacted the CAA who after about 4 months got back to me to say that in their opinion it was an unextraodinary circumstance , I then contacted TC once more with their findings and again was told that it was only the CAA opinion and compensation would not be paid
I then relayed this information on this forum asking for advice as to wether to go to small claims or not the response was to look at the FAQ and put in such a way I for a minute thought I was back at school
After thinking about I decided that TC were trying to bully people into dropping their claim and applied to the small claims court for a fee of £60,
I received notice from the courts that TC wanted to defend the action which worried me because I don't have a clue how the legal side works but I decided to old my nerve
Thankfully today TC have contacted me to say they are now willing to pay me the compensation in full £1050
Hope this helps the average Joe like myself.........

David_e

Arfablue wrote: »

I then relayed this information on this forum asking for advice as to wether to go to small claims or not the response was to look at the FAQ and put in such a way I for a minute thought I was back at school
...
Thankfully today TC have contacted me to say they are now willing to pay me the compensation in full £1050

Hope this helps the average Joe like myself.........

It will help others, I am sure, and it demonstrates the value of the advice you were given. Well done for taking that advice and succeeding!

Coxyw

Many thanks for replying, I am a little unsure about taking it to legal as if I lost would TC want all their expenses paying or does it just go through SClaims?
Nice to see some positive that some are getting what is owed.


Regards

David_e

Coxyw wrote: »

Many thanks for replying, I am a little unsure about taking it to legal as if I lost would TC want all their expenses paying or does it just go through SClaims?
Nice to see some positive that some are getting what is owed.

There's a limit on small claims of, I believe, £10,000.

As I understand it, there is relatively little that a defendant can recover in small claims cases - and that's only if they win. I've not see any reports on here of any costs being awarded in the few cases where claims have failed. [Not saying there haven't been any; I've just not seen them.]

The no risk approach is to use a no win no fee firm.

doseyjosie

Hi, We were a large group booking on the P&O cruise. We had no luck when we compained to Thomas Cook Bradford on our return. We then contacted CAA, who have been very slow at getting back to us, depite upteen phone calls. I understand they are swamped with airline complaints at the mo. I have since sent emails to Thomas Cook head office who have replied, saying that there will be no compensation paid as the delay was due to 'extraordinary circumstances'. They just quote act 261/2004. Having looked at this 'crew out of hours' and 'downgrading the plane' is not under the title 'extraordinary circumstances'. They have suggested I contact CAA, which we have already done and not got very far. Its so fustrating